Goleta City Council
September 16, 2025

Agenda Item A.9

CPMS CONSENT CALENDAR
Meeting Date: September 16, 2025
____________________________________________________________ TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Public Works Director
PREPARED BY: Javier Garcia, Associate Engineer
SUBJECT: Award of Contract s, Categorical Exemption, and Approval of Plans and Specifications for the 2025 Residential Resurfacing Project RECOMMENDATIONS:

A. Approve the Plans and Specifications for the 2025 Residential Resurfacing Project; B. Adopt Resolution No. 25-__, entitled “A Resolution of the City Council of the City of Goleta, California, Finding the 2025 Residential Resurfacing Project Categorically Exempt from the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301”;
C. Award and authorize the City Manager to execute a Construction Contract with American Asphalt South, Inc. for the 2025 Residential Resurfacing Project, in the not-to-exceed amount of $430,596.20 subject to the requirements of the contract documents;
D. Authorize the Public Works Director to approve contract contingency for the 2025 Residential Resurfacing Project in an amount not-to-exceed $86,000.00; and E. Award and authorize the City Manager to execute a Professional Services Agreement with MNS Engineers, Inc. in an amount not-to-exceed $119,010.00 for Inspection, Public Outreach, and Material Testing services, with a termination date of June 30, 2026.

BACKGROUND:

Public Works staff, in collaboration with the pavement design consultant , Pavement Engineering, Inc., completed the 2025 Residential Resurfacing Project (Project) design.

The identified roadway segments, shown on the location map (Attachment 4), are located within portions of the Northeast Goleta neighborhood and are scheduled to receive preventive maintenance through the application of a slurry seal. 1 Meeting Date: September 16, 2025

On February 4, 2025, City Council authorized staff to advertise for bids. The Public Works Department solicited competitive bids for the 2025 Residential Resurfacing Project in the Santa Barbara Independent on July 17, 2025, and July 24, 2025. In addition, Public Works staff published the Bid Documents on PlanetBids. The bids were opened at an in-person meeting at City Hall on August 4, 2025. The City received a total of four (4) bids. A summary of the bids and the Engineer’s Estimate is shown in Table 1 below.

Table 1: Bid Results

Bidder Bid Amount
Engineer’s Estimate $894,546.78
American Asphalt South, Inc. $430,596.20
Union Pavement Services $469,338.00
Pavement Coating Co. $491,495.81
All American Asphalt $870,790.00

The engineer’s estimate for construction costs was $894,546.78. American Asphalt South, Inc. is the apparent lowest responsible bidder at $430,596.20. The lowest bid amount was 51.9% under the engineer’s estimate. This variance is likely due to current market conditions and project timing, as the contractor is already mobilized in the region for other work, reducing mobilization costs and improving efficiency. Recent bid openings for similar projects in the area have come in below engineers' estimates, indicating that competitive pricing is currently trending lower than projected.

Public Works staff selected MNS Engineers, Inc. (MNS) from the City’s Pre -Authorized Consultant list approved by City Council on January 17, 2023 , for Construction Management and requested a proposal for Inspection, Material Testin g, and Public Outreach.

DISCUSSION:

The 2025 Residential Resurfacing Project will apply a slurry seal treatment and replace traffic striping and crosswalk markings on selected residenti al streets in the Northeast Goleta neighborhood (Attachment 4). Slurry seal is a preventive surface treatment that extends pavement life by protecting against traffic wear, sunlight, and water intrusion.

This project is part of the City’s 2025 Residential Pavement Program. Earlier this year, pavement repairs were completed in the residential neighborhoods as part of the 2025 Arterial Pavement Project. The next step is the 2025 Residential Resurfacing Project, which will apply a slurry seal to streets in the Northeast Goleta neighborhood. This slurry seal is a thin wearing course made from a mixture of asphalt, small rock, and water. Once applied, the water evaporates, leaving a durable surface that is water proof and protects the roadway from traffic, sunlight, and water, helping extend the life of the pavement.

Construction is anticipated to begin in early Fall 2025 and be completed by early Winter 2025.
2 Meeting Date: September 16, 2025

Public Outreach
Public Works understands that resurf acing neighborhood streets can cause inconveniences for residents. Public Works is committed to keeping residents informed and minimizing disruptions during our annual resurfacing program. Detailed and timely communication is a key part of this effort. Bel ow is the public outreach plan for the upcoming project:

1. About four weeks before the planned work, one community workshop will be held to provide residents with information about the 2025 Residential Resurfacing Project. Residents will be notified of the meeting by letter. The workshop will include an overview of the project scope and benefits, the anticipated construction schedule, and the City’s public outreach process.

2. About two weeks before the planned work, a letter is mailed to each resident in the project area reminding them of the upcoming work. The letter includes information very similar to what was included in the first letter and a color-coded map showing which streets are planned for resurfacing on which dates.

3. Five (5) working days before the work is to begin on any given street, the contractor will provide door‐to‐door notification to each residence. The notice will include the street name, scheduled date, and work hours for the planned slurry seal application.

4. 72 hours before the work is to begin on any given street, the contractor places temporary “no parking” signs mounted on barricades along the street. These signs contain the days and times when parking will be prohibited.

5. The City’s project webpage will be regularly updated with the latest schedule information, project changes, and other relevant updates to help keep residents informed throughout construction.

Public Works staff recommend s that the City Council approve the Plans and Specifications for the 2025 Residential Resurfacing Project (Attachments 5 and 6), award the construction contract to the lowest responsible bidder, American Asphalt South, Inc., for a total of $430,596.20 (Attachment 1), and approve a contingency amount of $86,000 for contract change orders, resulting in a total authorized construction cost of $516,596.20. Furthermore, staff recommends that the City Council approve and authorize the City Manager to sign a professional services agreement with MNS for inspection , public outreach, and material testing services (Attachment 2).

ENVIRONMENTAL REVIEW:

The proposed project involves maintaining an existing facility. This activity is categorically exempt from CEQA as a Class 1 Exemption (State CEQA Guidelines Section 15301). 3 Meeting Date: September 16, 2025

The Exemption has been prepared, and no further CEQA action is required. Public Works staff recommends the adoption of the attached resolution (Attachment 3).

FISCAL IMPACTS:

The total estimated costs and funding sources associated with the Project are listed in Table 2 below.

Table 2 – Project Cost Estimate
Project Components Estimated
Costs
Funding Source
(Fund #)
Funding
Amounts
Design (Pavement
Engineering Inc.)*
$190,187.13 General Fund (101) $726,032.57
Construction (Base Bid &
Alternates)
$430,596.20 Measure A (205) $185,880.00
Construction Contingency $86,000.00
Construction Management
(MNS)
$119,010.00
Staff Time $86,119.24
TOTAL: $911,912.57 TOTAL: $911,912.57
*Previously expended
Project Funding
Fiscal Year (FY) 2025/26 budgets will be used to fund the 2025 Residential Resurfacing Project. The funding source is from the General Fund and Measure A. There is sufficient funding available in these accounts for the Project.

ALTERNATIVES:

The City Council may elect not to approve the plans and specifications, reject all bids, and direct staff to re -bid the project. However, doing so would delay the construction of the project and may result in higher bid costs.

LEGAL REVIEW BY: Isaac Rosen, City Attorney
APPROVED BY: Robert Nisbet, City Manager
ATTACHMENTS:

1. Construction Contract with American Asphalt South, Inc.

2. Professional Services Agreement with MNS Engineers, Inc . for Inspectio n, Public Outreach, and Materials Testing Services
4 Meeting Date: September 16, 2025

3. Resolution No. 25-__, entitled “A Resolution of the City Council of the City of Goleta, California, finding the 2025 Residential Resurfacing Project Categorically Exempt from the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301”

4. 2025 Residential Resurfacing Project Map

5. 2025 Residential Resurfacing Project Conformed Specifications

6. 2025 Residential Resurfacing Project Plans
5 ATTACHMENT 1
Construction Contract with American Asphalt South, Inc. 6 Public Works Contract – Rev. April 2025

PUBLIC WORKS CONTRACT

BETWEEN THE CITY OF GOLETA
AND
AMERICAN ASPHALT SOUTH, INC.

This Public Works Contract (herein referred to as “ CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and AMERICAN ASPHALT SOUTH, INC. , a California Corporation (hereinafter referred to as “CONTRACTOR”).

SECTION A. RECITALS

1. Pursuant to the Notice Inviting Sealed Bids for the2025 Residential Resurfacing Project, bids were received, publicly opened, and declared on the d ate specified in the notice.

2. On __________, Goleta’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR and the City Council, approved this CONTRACT and authorized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material for the 2025 Residential Resurfacing Project in the City of Goleta.

NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:

SECTION B. TERMS

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 2025 Residential Resurfacing Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as generally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A ) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY :

The contract documents for the aforesaid project, a complete set of which is on file with the Goleta City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this CONTRACT and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 7 Public Works Contract
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contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written CONTRACT, the pr ovisions of this CONTRACT, and the Standard Specifications, in that order, shall control . Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages , and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contrac t documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTO R agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $ 3,600 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

A. Pursuant to Labor Code Sections §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages . It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 8 Public Works Contract
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to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACT OR’s attention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.

D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in t he performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

(1) When employment in the area of coverage by the joint appren - ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or

(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

(4) When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

Pursuant to Labor Code § 1776, CONTRACTOR shall comply with all Department of Industrial Relations registration requirements.

E. CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 9 Public Works Contract
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registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

F. CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.

G. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

H. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this CONTRACT.

The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement .

If requested by CITY, CONTRACT OR must provide copies of the records at its cost.

6. LEGAL HOURS OF WORK: CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, the CONTRACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CONTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.

7. TRAVEL AND SUBSISTENCE PAY : CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this CONTRACT as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

8. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or per sons, either workers or employees of Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 10 Public Works Contract
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CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passiv e negligen ce on the part of CITY . In connection therewith:

a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.

b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.

c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnite es and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee . However, with out affecting the rights of CITY under any provision of this CONTRACT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent juris diction. In instances where Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 11 Public Works Contract
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CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California.

This indemnity provision shall survive the termination of the CONTRACT and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this CONTRACT or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

9. THIRD-PARTY CLAIMS : In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third -party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims . Such notification will be in writing and forwarded in accordance with the “Notice” section of this CONTRACT. As more specifically detailed in the contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.

10. WORKERS COMPENSATION : In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, C ONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
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11. INSURANCE: With respect to performance of work under this CONTRACT, CONTRACTOR shall maintain and shall require all of its subcontractors to maintain insurance as required in the Standard Specifications.

12. ASSIGNMENT: This CONTRACT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession .

CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this CONTRACT any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession . CONTRACTOR shall maintain a City of Goleta business license, if required under CITY ordinance.

16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 13 Public Works Contract
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years after the expiration of this CONTRACT. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

17. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

18. WHOLE AGREEMENT : This CONTRACT supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this CONTRACT represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein . Each party warrants that the individuals who have signed this CONTRACT have the legal power, right, and authority to make this CONTRACT and to bind each respective party . This CONTRACT may be modified by writt en amendment. CITY’s City Manager may execute any su ch amendment on CITY’s behalf.

20. NOTICES: All notices permitted or required under this CONTRACT shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this CONTRACT. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.

Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

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CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, CA 93117
Attn: City Manager

CONTRACTOR
2990 Myers Street
Riverside, CA 92503
Attn: Jeff Petty, President

21. DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.

22. NONDISCRIMINATION: The CITY reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall oc cur in either employment of persons for, or completion of, the work contemplated by this CONTRACT, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression , or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leav e of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or any other classification protected under state or federal law.

Among other possible violations of law, a violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

23. PAPER PRODUCTS AND PRINTING REQUIREMENTS: To the extent this contract provides paper products, and printing and writing paper for the City, CONTRACTOR must meet quality standards and criteria specified in SB 1383, Sections 22150-22154 of the Public Contract Code and 16 Code of Federal Regulations (CFR) Section 260.12 by:
a. If fitness and quality are equal, provide recycled products, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.
b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.

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c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer m aterial in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
e. Comply with any other requirements in Goleta Municipal Code Section

8.10.900(B).

24. ORGANIC WASTE USE REQUIREMENTS: To the extent this contract provides landscaping maintenance, renovation, and construction services, CONTRACTOR must:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria s pecified. SB 1383 eligible mulch used for land application must comply with 14 CCR Section 18993.1 - 18993.4, and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sections 17852( a)(24.5)(A)(1) through (3).
b. Keep and provide records of procurement of recovered organic waste products (either through purchase or acquisition) to the City’s Designated Representative, upon completion of projects. Information to be provided must include:
i. General description of how and where the product was used and if applicable, applied;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or
procurement.

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c. Comply with all requirements in Goleta Municipal Code Section

8.10.900(A).

25. NO THIRD-PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRACTOR and CITY and not for the benefit of any other party . There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or the CITY’s obligations under this Contract.

26. TIME IS OF ESSENCE : Time is of the essence for each and every provision of the Contract Documents.

27. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES: The Parties agree that this CONTRACT, agreements ancillary to this CONTRACT, and related documents to be entered into in connection with this CONTRACT will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail . Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.

28. GOVERNING LAW: This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.

IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dates set forth opposite their signatures.

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AMERICAN ASPHALT SOUTH, INC.

Public Works Contract – Rev. April 2025
This CONTRACT is executed on this ________ day of ___________, at Goleta, California, and effective as of _____ ______, 20____.

CITY OF GOLETA:
___________________________________
Robert Nisbet, City Manager
ATTEST:
___________________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY
___________________________________
Scott Shapses, Deputy City Attorney
CONTRACTOR:
_____________________________________
Jeff Petty, President
CONTRACTOR’S Emergency Phone
No. at which contractor can be reached at any
time
_____________________________________
_____________________________________
_____________________________________
Tim Griffin, Vice President
Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 18 Public Works Contract
AMERICAN ASPHALT SOUTH, INC.

Public Works Contract – Rev. April 2025
State of California License No.
784969
Department of Industrial Relations Registration
No.
1000000645
Business Phone No.
(909) 427-8276
Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 19 Public Works Contract
AMERICAN ASPHALT SOUTH, INC.

Public Works Contract – Rev. April 2025

EXHIBIT A

NOTICE INVITING SEALED BIDS
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NOTICE TO CONTRACTORS

INVITING SEALED BIDS

FOR THE
2025 RESIDENTIAL RESURFACING PROJECT

City Project Number: 5800-2

PUBLIC NOTICE IS HEREBY GIVEN that the City of Goleta (“CITY”), invites sealed bids for the above stated project and will receive such bids via electronic transmission on the City of Goleta Planet Bids portal site until at 3:00 PM Late proposals will be rejected. No exceptions.

Copies of the Contract Documents and the Proposal Forms for bidding the 2025,
project, may be obtained from the PlanetBids Website: https://pbsystem.planetbids.com.

Proposals which do not acknowledge addendums to the project documents will be rejected.

All communications relative to this project shall be conducted through PlanetBids.

Questions about alleged patent ambiguity of the plans, specifications, or estimate must be asked before bid opening. After bid opening, the CITY does not consider these questions as bid protests.

A pre-bid meeting will be held at N/A.

It is required that the Bidders have fully inspected the Project site in all particulars and become thoroughly familiar with the terms and conditions of the Bid Plans and Special Provisions and local conditions affecting the performance and costs of the Work prior to bidding and it is recommended that this be done prior to attending this meeting.

Pursuant to California Labor Code Section 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of California. Contractor is hereby made aware that information regarding prevailing wage rates may be obtained from the State Department of Industrial Relations and/or the following website address:
https://www.dir.ca.gov/OPRL/2024-1/PWD/Southern.html. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC of the State Standard Specifications.

The California Air Resources Board (“CARB”) implemented amendments to the In- Use Off -Road Diesel -Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self -propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the July 28, August 4,
ADDENDUM 1
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Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off- roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

Bidders must be registered on the City of Goleta’s PlanetBids portal in order to receive addendum notifications and to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.

Bid must be accompanied by a bid security in the form of a money order, a certified cashier’s check, or bidder’s bond executed by an admitted surety, made payable to CITY.

The bid security shall be an amount equal to ten percent (10%) of the total annual bid amount included with their proposals as required by California law.

Note: All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids. The original security of the three (3) lowest bidders must be mailed or submitted to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope and be received or postmarked within three (3) City working days after the bid due date and time for the bid to be considered. The sealed envelope should be plainly marked on the outside, “SEALED BID SECURITY FOR 2025 RESIDENTIAL RESURFACING PROJECT.” The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) per California Labor Code Section 1771.4, including prevailing wage rates and apprenticeship employment standards. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The CITY hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In accordance with the California Public Contract Code 20103.5 when federal funds are involved in local agency contracts, no bid shall be invalidated by the failure of the bidder to be licensed in California at the time of bid opening. However, at the time of award, the selected contractor shall be properly licensed in accordance with the laws of the State and the City of Goleta. Contractor shall possess a valid Class A - General Engineering Contractor license prior to award of Contract. Said license shall be maintained during the contract period. It is the Bidder’s and Contractor’s responsibility to ADDENDUM 1
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obtain the correct Contractor’s licenses. Bidders shall be skilled and regularly engage in the general class or type of work called for under this contract.

The successful Bidder will be required to furnish a Performance Bond and a Payment Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the DIR. No Bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. Failure to provide proof of the contractor’s current registration pursuant to Labor Code Section 1725.5 may result in rejection of the bid as non-responsive.

The Contractor Company, including the Responsible Managing Officer (RMO) for the Contractor Company, shall demonstrate a minimum of five (5) years' experience successfully performing projects of substantially similar type, magnitude, and character of the work bid. The CITY reserves the right to reject all bids, reject any bid that is not responsive to the invitation, or to waive any minor irregularity and to take all bids under advisement for a period of up to ninety (90) working days. Failure to pr ovide proof of the Contractor’s current registration pursuant to Section 1725.5 of the Labor Code may result in rejection of the bid as non -responsive. Failure to comply with enforcement provisions pursuant to Section 1771.4 of the Labor Code may result in a determination that the Bidder is not responsible.

Bids shall remain open and valid for a period of one hundred twenty (120) calendar days after the Bid Deadline.

Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by CITY to ensure performance under the Contract or, in the alternative, request the CITY to make payment of retention to an escrow agent.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 8:00 p.m., Eastern Time, Telephone No. 1-800-424-9071.

Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction contr act fraud and abuse and is operated under the direction of the DOT Inspec tor General. All information will be treated confidentially, and caller anonymity will be respected.

ADDENDUM 1
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Any protest to an intended award of this contract shall be made in writing addressed to the City Clerk prior to the award. Any protest may be considered and acted on by the City Council at the time noticed for award of the contract. To request a copy of the notice of agenda for award, please contact the City Clerk [email protected] or register on the CITY’s website (www.cityofgoleta.org).

CITY OF GOLETA

Deborah S. Lopez, City Clerk

Published:

END OF NOTICE TO CONTRACTORS
ADDENDUM 1
10 24
Santa Barbara Independent: July
2025, and July
2025
3 17,
Docusign Envelope ID: 06C93E46-C645-4B33-B9B2-5CA452390738 24 Public Works Contract
AMERICAN ASPHALT SOUTH, INC.

Public Works Contract – Rev. April 2025

EXHIBIT B

BID PROPOSAL
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Professional Services Agreement with MNS Engineering, Inc. for Inspection, Public Outreach, and Material Testing Services
29 City of Goleta
Public Works Department and MNS Engineers, Inc

Project Name: 2025 Residential Resurfacing Project

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND

MNS ENGINEERS, INC

This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ________ day of ______ , 2025, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as " CITY"), and MNS ENGINEERS, INC , a California Corporation (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional inspection and material testing services for the 2025 Residential Resurfacing Project; and

2. The CITY does not have the personnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and

3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260; and

4. The City Council, on this _____ day of _______, 20___, approved this AGREEMENT and authorized the City Manager to execute the AGREEMENT.

SECTION B. TERMS

1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.

CONSULTANT represents it has the qualifications, experience, and facilities to properly and timely perform said services.

2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:

Professional inspections and material testing services in conjunction with the 2025 Residential Resurfacing Project shall generally include inspection, material testing , and public outreach Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 30 City of Goleta
Public Works Department and MNS Engineers, Inc

as more particularly set forth in the Scope of Work, attached as Exhibit “A,” and incorporated herein.

CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”

3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $ 119,010.00 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:

Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2026 , after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment. CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager , as described in Section 5 .

Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hours worked by personnel classification).

All payments shall be made within 30 days after CITY’s approval of the invoice.

4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim compensation for such extra services or expenses shall exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement . Any compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.

Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 31 City of Goleta
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5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Javier Garcia . Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.

6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2026, unless term of this AGREEMENT is extended, or the AGREEMENT is terminated as provided for herein.

CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.

7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.

8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY. Taylor Merlo is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
• NV5, Inc., Ed Sullivan, (805) 732-3168
• KMP Strategies, LLC, Sarah Modeste, (916) 548-1982
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• PAX Environmental, Inc., Colleen Del Vecchio, (860) 803-6072

9. HOLD HARMLESS AND INDEMNITY
(a) Indemnification and Defense for Professional Service. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s duty to defend shall consist of reimbursement of defense costs incurred by CITY in direct proportion to the CONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the CONSULTANT’s percentage of fault, the parties agree to mediation with a third party neutral to determine the CONSULTANT’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the CITY.
(b) For All Other Liabilities. Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, demand, allegation against CITY arising out of, related to, or pertaining to any act or omission of CONSULTANT, but which is not a design professional service, CONSULTANT shall defend, indemnify, and hold harmless CITY, its officials, employees, and agents (“Indemnified Parties”) from and against any and all damages, costs, expenses (including reasonable attorney fees and expert witness fees), judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of, related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.

10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense , provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 33 City of Goleta
Public Works Department and MNS Engineers, Inc

Company rating of A - or better, Class VII or better, or as otherwise approved by CITY.

Insurance shall include the following (or broader) coverage:

a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.

b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non -owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non -owned and hired auto endorsement to Service Provider’s commercial general liability policy.

c) Workers’ Compensation insurance complying with California worker’s compensation laws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.

d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.

Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:

a) Except for professional liability insurance and worker’s compensation insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 20 04, or its equivalent.

Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37 , or its equivalent. CONSULTANT will , as to the worker’s compensation insurance required by this AGREEMENT, obtain a Waiver of the Right of Subrogation Endorsement in favor of the CITY.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 34 City of Goleta
Public Works Department and MNS Engineers, Inc

with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.

c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

d) Except for professional liability insurance, l iability coverage shall be primary and non-contributing with any insurance maintained by CITY.

e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior written notice has been given to CITY.

Such provision shall not include any limitation of liability of the insurer for failure to provide such notice. Non-payment of premium by CONSULTANT of any insurance policy required by this AGREEMENT is immediate grounds for CITY to terminate this AGREEMENT.

f) No liability insurance coverage provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.

g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.

h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failure, actual or alleged, on the part of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.

i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 35 City of Goleta
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under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.

12. STANDARD OF CARE; CORRECTIONS
CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the Services. CONSULTANT warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. CONSULTANT shall perform, at its own cost and expense and without reimbursement from the CITY, any services necessary to correct errors or omissions which are caused by the CONSULTANT's failure to comply with the standard of care provided for herein. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction may be made by CITY in its sole discretion, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder. Any employee of the CONSULTANT or its subconsultants who is determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the CITY, shall be promptly removed from the Project by the CONSULTANT and shall not be re- employed to perform any of the Services or to work on the Project.

13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 36 City of Goleta
Public Works Department and MNS Engineers, Inc

and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.

14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar days of the receipt of that check.

However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.

15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.

16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this AGREEMENT, or at law or in equity, Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 37 City of Goleta
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shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.

17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.

18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.

Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.

19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

20. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.

Should litigation occur, venue shall be in Superior Court of Santa Barbara County.

21. NONDISCRIMINATION
The City reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall occur in either employment of persons for, or completion of, the work contemplated by this Agreement, when such discrimination is based on race, color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citizenship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual assault, or stalking; reproductive health Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 38 City of Goleta
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decision-making, or any other classification protected under state or federal law.

Among other possible violations of law, a violation of this section exposes CONSULTANT to the penalties provided for in Labor Code Section 1735.

22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, Form W -9 (Rev. October 2018 ), as issued by the Internal Revenue Service.

23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.

24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mutual written consent of CITY and CONSULTANT.

25. USE OF THE TERM “CITY”
Reference to “ CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.

26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.

27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the AGREEMENT.

28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 39 City of Goleta
Public Works Department and MNS Engineers, Inc

directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this AGREEMENT.

29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.

30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Attention: Robert Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Taylor Merlo, P.E., Regional
Construction Manager
MNS Engineers, Inc
201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103

32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.

Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 40 City of Goleta
Public Works Department and MNS Engineers, Inc

In concurrence and witness whereof , this AGREEMENT has been executed by the parties effective on the date and year first above written.

CITY OF GOLETA CONSULTANT

_____________________________ _____________________________ Robert Nisbet, City Manager Greg Chelini, P.E., Vice President

ATTEST

_____________________________ _____________________________ Deborah Lopez, City Clerk Miranda Patton, P.E., Secretary

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 41 City of Goleta
Public Works Department and MNS Engineers, Inc

EXHIBIT A

SCOPE OF WORK

Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 42 City of Goleta
Public Works Department and MNS Engineers, Inc

Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 43 City of Goleta
Public Works Department and MNS Engineers, Inc

EXHIBIT B

SCHEDULE OF FEES

Docusign Envelope ID: 36463AF1-50B2-4127-8105-783D3CC3B86F 44 ATTACHMENT 3
Resolution No. 25-__, entitled “A Resolution of the City Council of the City of Goleta, California, finding the 2025 Residential Resurfacing Project Categorically Exempt from the California Environmental Quality Act (CEQA) Pursuant to State CEQA Guidelines Section 15301”

45 65266.00008\43974607.1

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, FINDING THE 2025 RESIDENTIAL

PAVEMENT RESURFACING PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT (CEQA) PURSUANT TO STATE CEQA GUIDELINES
SECTION 15301.

WHEREAS, the 2025 Residential Pavement Resurfacing Project (“Project”) includes removal and replacement of microsurface 2024 slurry seal, and replacement of traffic striping and marking; and

WHEREAS, the Project will repair the following a reas: Albany Court (Berkeley Road to the cul -de-sac), Andamar Way (Andamar Way to the cul -de- sac), Arundel Road (Berkeley Road to Cathedral Oaks Road), Azalea Way (Wakefield Road to the cul -de-sac), Connor Lane (Wakefield Road to the cul -de- sac), Danbury C ourt (Berkeley Road to the cul -de-sac), Dara Road (Stow Canyon Road to Cathedral Oaks Road), Kings Way (Berkeley Road to the cul - de-sac), Leeds Lane (Arundel Road to the cul -de-sac), Maley Drive (Arundel Road to the cul -de-sac), Marstone Lane (Wakefield Ro ad to the cul -de-sac), Stow Road (Stow Canyon Road to the cul -de-sac), Stow Canyon Road (N.

Fairview Avenue to Via Fiori & 330 feet west of Wakefield Road to Cambridge Drive), Via Fiori (cul -de-sac to cul -de-sac), and Wakefield Road (Berkeley Road to the cul-de-sac); and

WHEREAS, on February 4 , 202 5, City Council approved plans and specifications and authorized staff to advertise a notice inviting construction bids for the Project; and

WHEREAS, an Invitation to Bid was advertised on July 17, 2025 and July 24, 2025, and electronic bids were received on August 4 2025; and

WHEREAS, American Asphalt South , Inc. was determined to be the responsible bidder submitting the lowest responsive bid; and

WHEREAS, in accordance with CEQA, the City has determined that the proposed action is categorically exempt from CEQA review pursuant to State CEQA Guidelines Section 15301, Class 1 (Existing Facilities); and

WHEREAS, all other legal prerequisites to the a doption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA, AS FOLLOWS:

46 65266.00008\43974607.1

@BCL@080E3D72

SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. The City Co uncil finds, in light of the whole record, that the 2025 Pavement Resurfacing Project is
categorically exempt from
environmental review pursuant to State CEQA Guidelines Section 15301 (Class 1) . The Project qualifies for the Class 1 exemption because it consists of repairs and minor alterations to existing public facilities, including streets, with negligible or no expansion of existing or former use and does not include the addition of any automobile lanes or expansion of the roadway. Thus, no further environmental review is required.

In addition, none of the exceptions set forth in State CEQA Guidelines Section 15300.2 apply. None of the exceptions to the exemption under CEQA Guideline s Section 15300.2 apply: there is no possibility of a significant cum ulative impact as staff does not anticipate that other projects of the sa me type will take place at the P roject sit e or the surrounding area. The P roject area does not present any unusual circumstances that might resu lt in significant impacts. The P roject would not damage any scenic resou rces, including trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. The P roject is not located on a hazardous waste site or any other site inc luded on a list compiled pursuant to Government Code Section 65962.5 and the Project will not cause a substantial adverse change in the significance of a historical resource because there are no historical resources near the Project such that Project impacts would have any substantial adv erse changes in the significance of a historical resource.

The City Council hereby directs staff to prepare, execute, and file a Notice of Exemption with the County Clerk and the State Clearinghouse within five (5) workin g days of the Project’s approval and adoption of this Resolution.

SECTION 3 . Action. The City Council hereby approves the Class 1 categorical exemption for the 202 5 Residential Pavement Resurfacing Project and directs staff to file the Resolution.

SECTION 4 . Reliance on Record. Each and every one of the recommendations in this Resolution is based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the 2025 Pavement Resurfacing Project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
47 65266.00008\43974607.1

@BCL@080E3D72

SECTION 5. The documents and materials associated with t his Resolution that constitute the record of proceedings on which these findings are based are located at City Hall, 130 Cremona Drive Goleta, CA 93117. The Planning and Environmental Services Director is the custodian of the record of proceedings.

SECTION 6. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular f inding is not based in part on that fact

SECTION 7. This Resolution will remain effective until superseded by a subsequent resolution.

SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ___ day of ___________ 2025.

__________________________

PAULA PEROTTE, MAYOR

ATTEST: APPROVED AS TO FORM:

_________________________ __________________________
DEBORAH S. LOPEZ ISAAC ROSEN

CITY CLERK CITY ATTORNEY

48 65266.00008\43974607.1

@BCL@080E3D72

STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.

CITY OF GOLETA )

I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 25-__ was duly adopted by the City Council of the City of Goleta a t a regular meeting held on the ___ day of ______, 2025 by the following vote of the Council:

AYES:

NOES:

ABSENT:

(SEAL)

_________________________
DEBORAH S. LOPEZ

CITY CLERK

49 ATTACHMENT 4
2025 Residential Resurfacing Project Map
50 217
101
UPRR

CALLE REAL

LA PATERA

CALLE REAL

FAIRVIEW AVE

KELLOGG AVEWARD DR

HOLLISTER AVE

PATTERSON AVE

KELLOGG

CALLE REAL
LN

CATHEDRAL

OAKS RD

BERKELEY RD

SYLVAN DR
KINGS
WAY

STOW CANYON RD

MAR-STONE

CONNOR LN
STOW
CAN
YON
DARA

ANDAMAR

MALEY DR

ARUNDELWAKEFIELD
AZALEA

VIA FIORI

HOLLISTER AVE
S.FAIRVIEW
AVE

CAMBRIDGE

BERKELEY RD
AVE

LEEDS LN

DANBURY
ALBANY

CARLODR

BASE BID
LEGEND
Feet
1"=1060'
4240 2120 01060

CITY LIMITS

UPRR LINE

HIGHWAY

CITY ROAD

CITY OF GOLETA
2025 RESIDENTIAL RESURFACING PROJECT
N APRIL 2025

KINGS WAY

DANBURY CT

ALBANY CT

VIA FIORI

STOWCANYON RD

AZALEA WAY

CONNOR LN

MARSTONE LN

MALEY DR

LEEDS LN

WAKEFIELD

ARUNDEL
DR
DR

DARA RD
STOW
RD
STOW
CANYON
RD

CAMBRIDGE DR

ANDAMAR WAY

FAIRVIEW AVE

TRUDI DR

SCOTT CT

VILLAGE

TERRACE DR

CORALINODR

TORREY PL

ROSSMORE RDARDMORE DR

BERKELEY RD

CAMBRIDGE DR

CITY OF GOLETA

CITY LIMITS
Feet
1"=200'
800 400 0200
N
51 ATTACHMENT 5
2025 Residential Resurfacing Project Conformed Specifications

52 130 Cremona Drive • Goleta, California 93117 • www.cityofgoleta.org Notice to Contractors, Bidding Instructions, Proposal, Agreement, Insurance and Bonds, City of Goleta Construction Specifications and Special Provisions for the 2025 RESIDENTIAL RESURFACING PROJECT
Public Works
Received By:
_________________________
Luz “Nina” Buelna, P.E.

Public Works Director
The Engineers whose stamp and signature appear herein are in responsible charge of preparing these plans and specifications.

Bids Open: July 28 August 4, 2025 at 3:00 PM
Contact: Javier Garcia
For use with Caltrans Standard Specifications dated 2018, Caltrans Standard Plans dated 2018 and labor surcharge and equipment rate s of the California Department of Transportation insofar as the same may apply and in accordance with the Special Provisions.

Docusign Envelope ID: 0EEAD7FE-2F5E-4C1B-832C-B16F822D8AB2 ADDENDUM 1
53 iii
CITY PROJECT NO. 5800-2
The Special Provisions contained herein have been prepared by or under the direction of the following Registered Persons.

CIVIL

D A T E
_________________________________________
Joe Ririe, P.E.

Pavement Engineering, Inc.

JUNE 10, 2025
54 City of Goleta

Contract Documents

2025 Residential Resurfacing Project
55 Table Of Contents

SECTION I NOTICE TO CONTRACTORS NTC‐1
SECTION II BIDDING INSTRUCTIONS BI‐1
SECTION III PROPOSAL PROP‐1
SECTION IV AGREEMENT AGMT‐1
SECTION V INSURANCE AND BONDS INS‐1

SECTION VI CITY OF GOLETA CONSTRUCTION
SPECIFICATIONS GCS‐1
SECTION VII SPECIAL PROVISIONS SP‐1

56 SECTION I

NOTICE TO CONTRACTORS

57 NTC 1

NOTICE TO CONTRACTORS

INVITING SEALED BIDS

FOR THE
2025 RESIDENTIAL RESURFACING PROJECT

City Project Number: 5800-2

PUBLIC NOTICE IS HEREBY GIVEN that the City of Go leta (“CITY”), invites sealed bids for the above stated project and will receive such bids via electronic transmission on the City of Goleta Planet Bids portal site until July 28, August 4, 2025, at 3:00 PM Late proposals will be rejected. No exceptions.

Copies of the Contract Documents and the Proposal Forms for bidding the project, may be obtained from the PlanetBids Website: https://pbsystem.planetbids.com.

Proposals which do not acknowledge addendums to the project documents will be rejected.

All communications relative to this project shall be conducted through PlanetBids.

Questions about alleged patent am biguity of the plans, specif ications, or estimate must be asked before bid opening. After bid opening , the CITY does not consider these questions as bid protests.

A pre-bid meeting will be held at N/A.

It is required that the Bidders have fully inspected the Project site in all particulars and become thoroughly familiar with the terms and conditions of the Bid Plans and Special Provisions and local conditions affecting the performance and costs of the Work prior to bidding and it is recommended that this be done prior to attending this meeting.

Pursuant to California Labor Code Sect ion 1773, the City has ascertained the General Prevailing Rate of Wages in the County in which the work is to be done to be as determined by the Director of Industrial Relations of the State of California. Contractor is hereby made aware that information regardi ng prevailing wage rates may be obtained from the State Department of Industrial Re lations and/or the following website address:
https://www.dir.ca.gov/OPRL/2024-1/PWD/Southern.html. The Contractor is required to post a copy of the applicable wage rates at the job site. Attention is directed to Section 7 LEGAL RELATIONS AND RESPON SIBILITY TO THE PUBLIC of the State Standard Specifications.

The California Air Resources Board (“CARB”) implemented amendments to the In- Use Off-Road Diesel-Fueled Fleet s Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self -propelled off road diesel vehicles 25 horsepower or greater and other forms of equi pment used in California. A copy of the ADDENDUM 1
58 NTC 2
Regulation is available at https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off- roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, a ll applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herei n may render the Bid non-responsive.

Bidders must be registered on the City of Goleta’s PlanetBids portal in order to receive addendum notifications and to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to subm it the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.

Bid must be accompanied by a bid security in the form of a money order, a certified cashier’s check, or bidder’s bond executed by an admitted surety, made payable to CITY.

The bid security shall be an amount equal to ten percent (10%) of the total annual bid amount included with their proposals as required by California law.

Note: All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids. The original security of the three (3) lowest bidders must be mailed or submitted to the o ffice of the City Clerk at 1 30 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope and be received or postmarked within three (3) City working days after the bid due date and time for the bid to be considered. The sealed envelope should be plainly marked on the outside, “SEALED BID SECURITY FOR 2025 RESIDENTIAL RESURFACING PROJECT.”

The Project is subject to complianc e monitoring and enforcement by the Department of Industrial Re lations (DIR) per Californi a Labor Code Section 1771.4, including prevailing wage rates and apprentice ship employment standards. Affirmative action to ensure against discrimination in em ployment practices on the basis of race, color, national origin, ancestry, sex, or re ligion will also be required. The CITY hereby affirmatively ensures that all business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract.

In accordance with the California Pub lic Contract Code 201 03.5 when federal funds are involved in local agenc y contracts, no bid shall be in validated by the failure of the bidder to be licensed in California at the time of bid opening. However, at the time of award, the selected contractor shall be properly licensed in accordance with the laws of the State and the City of Goleta. Contractor shall possess a valid Class A - General Engineering Contractor license prior to award of C ontract. Said license shall be maintained during the contract period. It is the Bidder’s and Contractor’s responsibility to ADDENDUM 1
59 NTC 3
obtain the correct Contractor’s licenses. Bidders shall be skilled and regularly engage in the general class or type of work called for under this contract.

The successful Bidder will be required to furnish a Performance Bond and a Payment Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth herei n, shall be secured from a su rety company that meets all State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer.

Pursuant to Labor Code sections 1725. 5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with t he DIR. No Bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. Failure to provide proof of the contractor’s current registration pursuant to Labor Code Section 1725.5 may result in rejection of the bid as non-responsive.

The Contractor Company, including the Re sponsible Managing Officer (RMO) for the Contractor Company, shall demonstrate a minimum of five (5) years' experience successfully performing projects of substantially similar type, magnitude, and character of the work bid. The CITY reserves the right to reject all bids, reject any bid that is not responsive to the invitation, or to waive any minor irregularity and to take all bids under advisement for a period of up to ninety (90) working days. Failu re to provide proof of the Contractor’s current registration pursuant to Section 1725.5 of the Labor Code may result in rejection of the bid as non-responsive. Fa ilure to comply with enf orcement provisions pursuant to Section 1771.4 of the Labor Code may result in a determination that the Bidder is not responsible.

Bids shall remain open and valid for a period of one hundred twenty (120) calendar days after the Bid Deadline.

Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by CITY to ensure performance under the Contract or, in the alternative, request the CITY to make payment of retention to an escrow agent.

The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 8:00 p.m., Eastern Time, Telephone No. 1-800-424-9071.

Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the “hotline” to report t hese activities. The “hotline” is part of the DOT’s continuing effort to i dentify and investigate highway c onstruction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.

ADDENDUM 1
60 NTC 4
Any protest to an intended award of this contract shall be made in writing addressed to the City Clerk prior to the award. Any protest may be considered and acted on by the City Council at the time noticed for award of the contract. To request a copy of the notice of agenda for award, please contact the City Clerk [email protected] or register on the CITY’s website (www.cityofgoleta.org).

CITY OF GOLETA

_________________________
Deborah S. Lopez, City Clerk

Published:

Santa Barbara Independent: July 3 17, 2025, and July 10 24, 2025

END OF NOTICE TO CONTRACTORS
ADDENDUM 1
61 SECTION II

BIDDING INSTRUCTIONS

62 BI- 1

SECTION II BIDDING INSTRUCTIONS
1 DEFINITIONS. Unless provided otherwise, the definitions in the contract documents are applicable to all contract documents.

1.1 “Addenda” means written or graphic instruments issued by the City before the bid deadline that modify or interpret the contract documents by additions, deletions, clarifications, or corrections.

1.2 “Alternate” means an amount stated in the bid for whic h the Bidder offers to perform the Work described in the Biddi ng Documents as Alternate Work, to be added or deducted from the Total Base Bid, which shall be Contractor’s responsibility if City accepts the Alternate Bid Item.

1.3 “Bid Deadline” means the date and time designated in the notice inviting sealed bids as the last date and time for receipt of bids, as may be revised by addenda.

1.4 “Bidder” means a person or firm that submits a bid.

1.5 “Bidding/Contract Docum ents” means the Contra ct, Addenda, Notice to Contractors, bidding instructions, Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Completion) when attached as an exhibit to the Contract, the Bonds, permits from jurisdictional regulatory agencie s, City of Goleta Construction Specifications, Special Provisions , Plans, State Standard Plans, State Standard Specifications, Revised St ate Standard Specifications, Labor Surcharge and Equipment Rental Rates, Work Directives, Reference Specifications, Change Orders, Supp lemental Agreement s, Appendices, Project Plans and any other applicabl e documents not listed, including modifications incorporated in those documents.

1.6 “Contract Price” means the total aggr egate amount of the Contractor’s bid price based on the estimated quantities listed in the Bidding Sheet as set forth in the award of the Contract approv ed by the City Council, subject to adjustment for variances in quant ities and changes pursuant to Change Orders executed in accordance with the Contract Documents.

1.7 “Inspector” means the person designated by the engineer to ensure specification compliance.

1.8 “Total Base Bid” means the sum stated in the bid for which bidder offers to perform the Work described in the cont ract documents, but not including alternates.

1.9 “Unit or Contract Unit Price” means an amount entered in the bid by bidder or a “Contract Item” price established by the City in the bid, as a price per unit of measurement for payment for material s, equipment or services including taxes, supervision, overhead and profit for a portion of the work described in the Contract Documents.

63 BI- 2
2 BIDDER’S REPRESENTATIONS. By making its bid, bidder represents that:

2.1 Bidder has read, understood, and ma de the bid pursuant to the requirements in the Contract Documents.

2.2 The Bidder, at its sole cost and expense, has carefully examined the Contract Documents and visited the Project site to become fully acquainted with the local site condi tions affecting the Work to be performed including transportation, disposal, handling, and storage of materials.

2.3 The bid and the Contract Unit Pr ices bid are based upon the labor, materials, equipment, and systems required by the Contract Documents.

2.4 Bidder and all subcontractors, regar dless of tier, have the appropriate registrations and current licenses i ssued by the State of California Contractor’s State License Boar d and Department of Industrial Relations (DIR) for the Work to be performed. If bidder is a joint venture, the bidder will have a joint venture license appropriate for the performance of the Work, and each me mber of the joint venture will likewise have the appropriate license. Business and professions code §§ 7000-7191 establish licensing require ments for contractors. If a bidder, that is a specialty contractor , submits a bid involving 3 or more specialized building trades, the Work of which is more than incidental and supplemental to the performance of the Work for which bidder holds a specialty contractor license, bi dder must also hold either (1) a specialty contractor “C ” license in each such trade or (2) a general engineering contractor “A” license. This requirement is applicable whether or not bidder lists a subcontractor for each such trade.

2.5 Bidder shall have the expertise, in cluding the Responsible Managing Officer (RMO) for the Contractor Company, demonstrating a minimum of five (5) years' experience succe ssfully performing projects of the same type, magnitude, and characte r of the work bid, and financial capacity to perform and complete a ll obligations under the Contract Documents.

2.6 Bidder is aware of and, if awar ded the contract, will comply with legal requirements in its performance of the Work.

2.7 Bidder is aware of and, if identified as the apparent lowest responsible bidder, would be required to pay City business license fee(s).

2.8 Bidder shall not damage or endanger and shall preserve and protect adjacent properties.

2.9 Bidder has familiarized itself wit h the staging and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas.
64 BI- 3

2.10 Bidder will coordinate its constr uction activities with the other contractors and utility companies performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City.

2.11 Bidder has checked the figures set forth in the bid schedule and understands that neither the City nor any officer or employee therefore will be responsible for any misunderst andings, errors, or omissions on the part of the Bidder in submitting it s Bid. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation with respect to the Bid, the Contract, or the Work required under the Contract Documents. 3 CONTRACT DOCUMENTS.

3.1 Bidders may obtain complete sets of the Contract Documents from PlanetBids.

3.2 Bidders will use a complete set of Contract Documents in preparing bids.

3.3 The City makes copies of the Cont ract Documents available, on the above terms, for the sole purpose of obtaining bids for the Work and does not confer a license or grant permission for any other use of the Contract Documents.

3.4 The City does not assume any liabilit y or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Contract Documents.
4 INTERPRETATION OR CORRECTION OF CONTRACT DOCUMENTS.

4.1 Before submitting its bid, bidder will carefully study and compare the various documents comprising the C ontract Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the bid is submitted; will examine the project site, the conditions under which the Work is to be performed, and the local conditions ; and will at once report to the City’s representative errors, inconsistencies, or ambiguities discovered.

The drawings and specifications contained in these Contract Documents do not constitute a repr esentation or warranty that any conditions shown therein actually exist. All soil and test hole data, groundwater elevations, and soil analyses shown on the Plans or included in the Special Provisions apply only at the location of the test holes and to the depths indicated.

4.2 Bidder requests for clarification or interpretation of the Contract Documents will be addressed to the Cit y’s representative at least five (5) calendar days before the bid deadline.

4.3 Clarifications, interpretations, corrections, and changes to the Contract Documents will only be made by addend a. Purported clarifications, 65 BI- 4
interpretations, corrections, and changes to the Contract Documents made in any other manner will not be binding and bidders will not rely upon them.
5 PRODUCT SUBSTITUTIONS.

5.1 No requests for product substitutions will be considered before award of contract.
6 SUBCONTRACTORS.

6.1 Each bidder will list in the proposal form all first-tier subcontractors that will perform work, labor or render such services in excess of ½ of one percent of the total bid of the total bid or $10,000, whichever is greater.

The proposal form contains spaces for the following information when listing subcontractors: (1) work activity; (2) name of subcontractor; (3) city of subcontractor’s business lo cation; (4) California contractor’s license number, and (5) DI R public works contractor registration number. An inadvertent error in lis ting the California contractor’s license number or public works contractor re gistration number shall not be grounds for filing a bid protes t or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the City by the Bidder within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor. Failure to list any of these other items on the proposal form will result in the City treating the bid as if no subcontractor was listed for the work and that bidder repr esents to the City that it is fully qualified to perform that portion of the Work and will so perform such Work.

6.2 Substitution of subcontractors after the bid deadline who are listed in the proposal form will only be allow ed with the City’s written consent and in accordance with California law.
7 ADDENDA.

7.1 Before the Bid Deadline, the City ma y modify the Work, the Contract Documents or any portion(s) thereof by the issuance of written addenda.

Addenda will be in writing and issued only by the City.

7.2 Bidders must be registered on the Cit y’s PlanetBids portal to receive addendum notifications. Addenda will be posted on the PlanetBids portal.

7.3 Addenda will be made available on PlanetBids.

7.4 The City will issue addenda so that they are received by prospective bidders not less than three (3) work ing days before the bid deadline.

Addenda that withdraw the request for bids or postpone the bid deadline may be issued any time before the bid deadline.
66 BI- 5

7.5 Each bidder is responsible for ensur ing that it has re ceived all issued addenda before submitting a bid. All bidders are required to acknowledge and confirm receipt of each and ever y addendum in their Bid Proposal Form. Failure to acknowledge all Ad denda may result in a Bid being deemed nonresponsive and not eligible for award of the Contract. 8 NOT USED
9 FORM AND STYLE OF BIDS.

9.1 Bids will be submitted on the proposal forms included with the Contract Documents. Bids not submitted on the City’s proposal forms will be rejected. All blanks on the proposal form will be filled in legibly.

9.2 Bidder’s failure to submit a price for any alternate or unit price will result in the bid being considered as non-responsive. If alternates are called for and no change in the lump sum base bid is required, enter “no change.”

9.3 Each bidder must fill out the “b idders statement of past contract disqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The bidder must explain the circumstances of each disqualification.

9.4 Bidder will make no stipulations on the proposal form nor qualify the bid in any manner.

9.5 The bids will be based upon full completion of all the Work as shown on the plans and specifications. It is ex pressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the bidder (if awarded the contract) specifically agrees to construct a completed Work ready for the use and in the manner which is intended.

9.6 The proposal forms will be signed by a person or persons legally authorized to bind bidder to a contract. Bidder’s representative will sign and date the declaration of eligibility to contract included in the proposal form. Failure to sign and date the declaration will cause the bid to be rejected.
10 BID SECURITY.

10.1 Each bid must be accompanied by bid security, in the amount of 10% of the Total Base Bid on the bas e Contract Work, excluding any Alternate Bid Items, as security for bidder’s obligation to enter into a contract with the City on the terms stated in the proposal form and to furnish all items required by the Contract Documents.

10.2 All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids. The original security of the three (3) apparent lowest bidders must be ma iled to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope 67 BI- 6
and be received or postmarked within three (3) City working days of the bid due date and time for the bid to be considered. The sealed envelope should be plainly marked on the outside identifying the names as shown in the notice inviting sealed bids.

10.3 If the apparent lowest responsible bidder fails to sign the contract and furnish all items requir ed by the contract docu ments within the time limits specified in these bidding inst ructions, the City may reject such bidder and select the next apparent lo west responsible bidder until all bids have been exhausted or the City ma y reject all bids. In the event the bid is rejected, such bidder wil l be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the bid security, between the amount of the disqualified bid and the larger amount for which the City procures the Work. The City may also use the bid security to cover the cost of rebidding the project.

10.4 If a bid bond is submitted and an attorney-in-fact executes the bid bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the bid bond. The surety issuing the bid bond must be admitted to provide surety within the State of California.

10.5 The City will retain the bid security until the occurrence of one of the following:

10.5.1.1 All items required by the c ontract documents have been furnished and the contract has been signed by the successful bidder and the City.

10.5.1.2 The specified time has elapsed during which bids may be withdrawn.

10.5.1.3 All bids have been rejected.
11 BID DELIVERY.

11.1 The proposal forms, bid security, and all other documents required to be submitted with the bid must be submitted via electronic transmission on the City of Goleta PlanetBids portal site. Line Items in PlanetBids will be removed and the bidder shall submit the schedule of bid items using the proposal form in the Contract Documents.

11.2 Bidders must be registered on the City of Goleta’s PlanetBids portal in order to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical difficulties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.

11.3 Bid Security shall be submitted in accordance with Section 10. “Bid Security” above and per the notice inviting sealed bids. 12 MODIFICATION OR WI THDRAWAL OF BID.
68 BI- 7

12.1 Bids may not be modified, withdraw n, or canceled within one hundred twenty (120) calendar days after the bid deadline unless otherwise provided in any supplementary instructions to bidders. The bidder shall be prohibited from further bidding on the project and the bid bond shall be forfeited. The City, at its discretion, may aw ard the bid to the next responsive and responsible bidder. In the event the next bidder refuses to enter into the contract, that bidder’s bid bond shall then be forfeited. 13 OPENING OF BIDS.

13.1 Bids submitted in the manner requi red by these instructions and received on or before the bid deadline will be opened and available for viewing on PlanetBids.
14 EVALUATION AND REJECTION OF BIDS.

14.1 Bidders will be evaluated for respons iveness and responsibility based on bid proposal information provided in the bid documents under “designation of subcontractors” and bidder’s references.”

14.2 A responsive Bid is a Bid that conforms, in all material respects, to these Instructions to Bidders. Non-responsive Bids will be rejected.

14.3 A responsible bidder means a bi dder who has demonstrated the attributes of trustworthiness, quality, fitness, capac ity, and experience to satisfactorily perform fully t he requirements of the Contract Documents and the moral and business integrity and reliability that will assure good faith performance in the sole discretion of the City. Any determination of a bidder’s non-responsibility by the City shall be based on the fitness and capacity of the bidder to satisf actorily perform the obligations of the Contract, whether or not the bidder is qualified to perform those obligations, whether or not the bidder is trustworthy, and such other bases as may be relevant.

14.4 In addition to other provisions of the Contract Documents, upon the request of the City, a bidder whose Bid is under consideration for the award of the Contract s hall promptly submit sa tisfactory evidence to City showing the bidder’s financial resources, experience in the field, and organization and other factors evidencing bidder’s ability to successfully execute and complete the Contract.

14.5 The City reserves the right to reje ct any or all bids and to waive discrepancies, irregularities, informalities, or any other error in the bid or bidding, when to do so seems to best serve the public interest. The right of the City to waive errors applies even if the Contract Documents state that a discrepancy, i rregularity, informality, or other error make a bid nonresponsive, so long as the error does not constitute a material error. The City reserves the right, in its sole discretion, to: judge the bidder’s representations as stated in the proposal forms and any post- Bid information to determine whether or not bidder is qualified to perform the Work; be the sole j udge regarding the su itability of the 69 BI- 8
products, services, or supplies offered; to not purchase all items or the full quantity of each item listed in the Bid Item List; reject any or all Bids; waive any deficiencies, irregularities, or informalit ies in any Bids or in the bidding process; modify, cancel, or withdraw the Notice Inviting Sealed Bids; issue a new Notice Inviting Sealed Bids; suspend or abandon the Project; seek the assist ance of outside technical experts in Bid evaluation; require a bi dder to provide a guarantee (or guarantees) of the Contract by a thir d party; and not issue a Notice to Proceed after execution of the Contract. In submitting a Bid in response to the Notice Inviting Sealed Bi ds, the bidder is specifically acknowledging the City holds these rights. The Notice Inviting Sealed Bids does not commit the City to enter into a Contract, to reject, in its sole discretion, all Bids, nor does it obligate the City pay for any costs incurred by bidders in preparation and submission of a Bid or in anticipation of a Contract. By submitting a Bid, the bidder disclaims any right to be paid for such costs.

14.6 The City may reject any bid not accompanied by the required bid security or any other item required by the contract documents, or a bid which is in any other way materially incomplete, irregular or not responsive to the bid request in the sole determination of the City. 15 AWARD.

15.1 The City may retain all bids for a period of one hundred and twenty (120) calendar days for examination and comparison, and to delete any portion of the Work from the contract.

15.2 The City may waive nonmaterial irr egularities in a bid and will accept the lowest responsive bid from a responsible bidder as determined by the City.

15.3 The City will determine the low bidder on th e basis of the total bid price in words on the bidding sheet as described on the bidding sheet.

15.4 City Staff will identify the apparent lowest responsive and responsible bidder and notify such bidder within (30) working days (unless the number of days is modified in any Addendum issued to bidd ers) after the Bid Deadline. Within ten (10) calendar days after receiving the City’s written notice that bidder was identified as the apparent lo west responsible bidder, bidder will submit to the City all of the following items as required by the City:

15.4.1 Two originals of the contract signed by bidder.

15.4.2 One original of the payment bond.

15.4.3 One original of the performance bond.

15.4.4 Certificates of insurance and additional insured endorsements.

15.4.5 Copy of current city of Goleta business license certificate. 70 BI- 9

15.4.6 Names of all subcontractors, wit h their DIR registration number, license numbers, addresses, telephone number, facsimile number and trade on bidders’ company stationery. Evidence, as required by the city, of the reliability and responsibility of the proposed subcontractors such as statements of experience, statements of financial condition, and references.

15.5 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 cont ractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. This Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

15.6 If bidder submits the two original signed contracts and all other items within ten (10) working days after re ceiving the City’s notification, and all such items comply with the requirements of the contract documents, the City will submit the bid to the City Council for award of Contract.

Following City Council Award of Contract, the City will sign the contract and return a signed copy of the contract to bidder.
16 NOTICE OF INTENT TO AWARD CONTRACT.

Following the opening of bids and determi nation of the lowest responsible Bidder, the City will issue a notice of int ent to award the Contract, identifying the Bidder to whom the City intends to award the Contract. The award of the Contracts shall be made by the City Council.
17 PUBLIC RECORDS.

City seeks to conduct its business openly. Upon identification of the lowest responsive and responsible bidder and upon notifying such bidder, Bids shall be regarded as public, with the exception any elements of each Bid that are identif ied by the Bidder as business or trade secrets and plainly marked as “trade secret,” “confidential,” or “proprietary.” Each element of a Bid which a Bidder de sires not to be considered public must be clearly marked as set forth above; any blanket statement (i.e. regarding entire pages, documents, or ot her, non-specific designations) shall not be sufficient and shall not bind the City in any way whats oever. If City receives a request from a third party to make a Bid available for insp ection or copying, the City will notify the Bidder of the request. If a Bi dder instructs the City that th e information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a c ourt of competent jurisdiction to prevent such release. If disclosure is required by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of such records or part thereof.
71 BI- 10
18 BID PROTEST.

Any registered Bidder may file a protest provided that each and all of the following are complied with:

18.1 The bid protest is in writing;

18.2 Protests based upon alleged defects or improprieties in the Contract Documents are filed with the City prior to the Bid Deadline;

18.3 All other protests are f iled and received by the City not more than five (5) calendar days following the date of City’s Notice of Intent to Award the Contract; and

18.4 The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all fact s, supporting documentation, legal authorities and argument in support of the grounds for the bid protest.

All factual contentions must be supported by competent, admissible and credible evidence.

18.5 Any matters not set forth in the wr itten bid protest shall be deemed waived. Any bid protest not conforming to the foregoing shall be rejected by the City as invalid.
19 COMPLIANCE WITH CARB REGULATIONS
The City is a Public Works Aw arding Body, as defined under Title 13 California Code of Regulations Section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Repor ted Compliance (“CRC”) for t he Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles). Bidder must complete and submit the Fleet Compliance Ce rtification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to comple te the Fleet Compliance Certification, may render the Bid non-responsive.
72 SECTION III

PROPOSAL
73 PROP- 1

SECTION III PROPOSAL

BID PROPOSAL
FOR
2025 RESIDENTIAL RESURFACING PROJECT

TO THE CITY OF GOLETA (“City”):

In accordance with City’s Notice Inviting Sealed Bids, the undersigned Bidder herby proposes to furnish all materials, equi pment, tools, labor, and incidentals required for the 2025 RESIDENTIAL RESURFACING PROJECT as set forth in the Plans, Specifications, and Contract Documents, and to perform all work in the manner and time prescribed therein.

Bidder declares that this Bid is based upon careful examination of the Work site, Plans, Specifications, Bidding Instructions, and all other Contract Documents. If this Bid is accepted for award, Bidder agrees to enter into a contract with City at the unit and/or lump sum prices set forth in the followi ng Bid Schedule. Bidder under stands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the Bid Security accompanying this Bid.

Bidder understands that a Bi d is required for the entire Work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing Bids, and that final compensation under the Contract will be based upon the actual quantities of Work satisfactorily completed. THE CI TY RESERVES THE R IGHT TO INCREASE OR

DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT per Section 9- 1.06B INCREASES OF MORE THAN 25 PERCENT and Section 9-1.06C DECREASES OF MORE THAN 25 PERCENT. It is agreed that the unit and/or lump sum prices bid include all overhead, profit, appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amount, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the Bidder’s default in executing the Contract and filing the necessary bonds and insurance certificates WITHIN TEN (10) WORKING D AYS after the City has mailed notice of the award of contract to the Bidder, the proceeds of the Bid Security accompanying this Bid shall become the property of the City and this Bid and the acceptance hereof may, at the City’s option, be considered null and void.

74 PROP- 2

SECTION III BID PROPOSAL
FOR

2025 RESIDENTIAL RESURFACING PROJECT
The Project insurance requirements are per the State Standard Specifications, as modified by the City of Goleta Construction Specifications contained herein.

Full Legal Name of Bidder: _________________________________________ Type of Entity: ___________________________________________________ (corporation, partnership, etc.)
State of Incorporation / Organization: _________________________________ Mailing Address: ________________________________________________ City, State, Zip: _________________________________________________ Physical Address: _________________________________________________ (must be included even if PO box is used for mailing)
City, State, Zip: ___________________________________________________ Telephone Number: Area Code ( )
E m a i l A d d r e s s :

California Contractor License No.

Contractor (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Department of Industrial Relations and certified to bid on Public Works contracts. Register at: https://www.dir.ca.gov/public- works/contractor-registration.html.

Contractor Department of Industrial Relations Registration No.

California Contract License Classification(s) __________________________

The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (23 CRF 635.110).

The work for which this bid is submitted is for construction in conformance with the Special Provisions (including the payment of not less than the Stat e general prevailing wage rates), the Project Plans described bel ow, including any addenda thereto, the contract annexed hereto, and al so in conformance with the California Department of Transportation Standard Plans, dated 2018, the California Department of Transportation 75 PROP- 3
Standard Specifications, dated 2018, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The work to be done and referred to herein is in the City of Goleta, Santa Barbara County, State of California, and is to be constructed in accordance with the Contract Documents and the Prevailing Wage Rates of the Department of Industrial Relations.

The work to be done is described in the Contract Documents entitled 2025 RESIDENTIAL RESURFACING PROJECT City of Goleta, California.

The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named her ein; that this Proposal is made without collusion with any other person, firm, or corporation; that he or she has carefully examined the location of the proposed work and the Contract Documents; and proposes, and agrees if this Proposal is accepted, that he or she will Contract with the City of Goleta, in the form of a copy of the Agreement cont ained in the Bid Document, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the Director, as therein set forth, and that he or she will take in fu ll payment therefore prices i ndicated in the Schedule of Bid Items, including all work modified by addendum numbers _____________________. (IF NONE, STATE NONE).

In accordance with the provisions of California Labor C ode Section 6707, whenever the State, a County, City and County, or City issues a call for bids for the construction of a pipeline, drainage, water, sewer, sewage dispos al system, boring or jacking pits, or similar trenches or open exca vations, which are five (5' ) feet or deeper, such call shall specify that each bid submitted in response thereto shall contain, as a bid item, adequate sheeting, shoring, and bracing or equivalent method, for the protection of life or limb, which shall conform to applicable safety orders.

As required under the provisions of California Public Contract Code Section 4104 et seq., any person making a bid or offer to per form the work, shall in his or her bid or offer, set forth: (a)(1) The name and lo cation of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under su bcontract to the primary Contractor specially fabricates and installs a portion of t he work or improvement acco rding to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (0.5%) of the prime Contractor' s total bid or, in the ca se of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contract or’s total bid or ten thousand dollars ($10,000) whichever is greater; (2)(A) Subject to subparagraph (B), any information requested by the officer, 76 PROP- 4
department, board, or commission concerni ng any subcontractor who the prime contractor is required to list under this subdivision, other than the subcontractor’s name and location of business, may be submitted by the prime contractor up to 24 hours after the deadline established by the officer, depar tment, board, or commi ssion for receipt of bids by prime contractors; (B) A state or local agency ma y implement subparagraph (A) at its option; (b) The portion of the work that will be done by each such subcontractor under this Act. The prime Contra ctor shall list only one (1) subcontractor for each such portion as defined by the prime Contractor in his or her Bid.

77 PROP- 5
2025 RESIDENTIAL RESURFACING PROJECT

BIDDING SHEET
The cost of all labor, material and equipment necessary for the completion of the work itemized, even though not shown or specified, shall be included in the unit or lump sum prices for the various items shown herein.

The City further reserves the right to reject any or all bids, to waive any informality or irregularity in any bid or the bidding proce dure, and to delete any items of work in the award of contract. The City's decision on the bid amount is final.

Bidders must bid on all items in the Bid Schedule including the Supplemental and/or Alternative Bid Items in order for their bids to be complete. The award of contract will be based on the criteria outlined in Section 14 of the Bidding Instructions.

In the case of unit basis items, the amount set forth under the "Item Total" column (total base bid in words) shall be the pr oduct of the unit price bid and the estimated quantity for the item.

Bids on lump sum items are item totals. If a unit price of a lump sum item is entered and it differs from the item total, the item total prevails.

Entries are to be expressed in dollars or decimal fractions of a dollar. Symbols such as commas and dollar signs are ignored and have no significance in establishing unit price or item total.

Unit prices and item totals are interpre ted by the number of digits and decimal placement. Do not round item totals or the total bid.

In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price prevails, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit pric e is unreadable or other wise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price;
(b) (Decimal Errors) If the product of the entered uni t price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one- hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever mo st closely approximates percentage-wise the unit price or item total in the City's Final Estimate of cost.

If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided. 78 2025 RESIDENTIAL RESURFACING PROJECT
CONTRACTOR:

SCHEDULE OF BASE BID ITEMS
ITEM
NO. * ITEM UNIT EST.

QUANT. UNIT PRICE AMOUNT
1 (P) MOBILIZATION, BONDS &
INSURANCE LS 1 $ $
2 (P)

TRAFFIC CONTROL, TRAFFIC

CONTROL PLAN, AND TRAFFIC

CONTROL MAINTENANCE
LS 1 $ $
3 PORTABLE CHANGEABLE
MESSAGE SIGNS EA 6 $ $
4 (P)

DEVELOPMENT, PLACEMENT,

AND MAINTENANCE OF WATER

POLLUTION CONTROL

PROGRAM
LS 1 $ $
5 CRACK SEAL & SLURRY SEAL
(TYPE II) TN 732 $ $
6 (P)
SWEEPING ON THE 3RD, 7TH,
10TH, 14TH, 17TH, 21ST, & 30TH

DAYS AFTER PLACING SLURRY
SEAL
LS 1 $ $
7 (P) TRIM VEGETATION/TREE
CANOPY IN WORK ZONE LS 1 $ $
8 (P)

PERMANENT PAVEMENT

STRIPING, MARKERS AND

PAVEMENT MARKINGS
LS 1 $ $
9 (P) REMOVAL OF EXISTING
PAVEMENT STRIPING LS 1 $ $
10 (P)

TEMPORARY PAINT FOR

PAVEMENT STRIPES,

MARKINGS AND MARKERS
LS 1 $ $
PROP -6
(PAGE 1A OF 2A)
79 * NOTES:
(P) DENOTES PARTIAL PAYMENT
TOTAL BASE BID: BID ITEMS #1 TO #10 $
NOTES:
1) The City of Goleta shall determine the lowest responsible, responsive bidder based on the lowest total of the Base Bid.
2 ) The City of Goleta, if it chooses to award, shall award the contract to the lowest responsible, responsive bidder based on the lowest total of the Base Bid. 3) The Contractor must submit pricing for all Base Bid items. No response or a response of zero on any bid items will be deemed a non-responsive bid.

PROP -6
(PAGE 2A OF 2A)
80 PROP- 7

LIST OF SUBCONTRACTORS

The Bidder shall list the name, address, license number, and description of work, bid item number, percentage of bid item subcontracted by cost and Departm ent of Industrial Relations Registration number for each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the prov isions in Section 2-1.10 SUBCONTRACTOR LIST of the State Standard Specificat ions. Attention is also directed to Section 5-1.13 SUBCONTRACTING of the Specia l Provisions. Listed subcontra ctors must be registered with the Department of Industrial Relations. Pursuant to SB 854, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relati ons (DIR). Bidder shall list the DIR registration number for each subcontractor.

Bidder proposes to subcontract certain portions of the Work which are in excess of one- half of one percent (0.5%) of the total amount base bid or $10,000, whichever is greater, and to procure materials and equipment from suppliers and vendors.

These Subcontractors are identified as follows:

Bid Item
Number(s)
Subcontractor
License
Number
Subcontractor
DIR
Registration
Numbe
r
Percent of
Total Bid
Subcontractor’s
Name & Address

81 PROP- 8
Bid Item
Number(s)
Subcontractor
License
Number
Subcontractor
DIR
Registration
Number
Percent of
Total Bid
Subcontractor’s
Name & Address

82 PROP- 9
BIDDER’S REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which Bidder has performed projects of the same magnitude and character of the work bid within the past five (5) years:

1. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount

2. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount

3. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
The following are the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance bonds:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any local, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

83 PROP- 10

ELIGIBILITY TO CONTRACT
The successful Bidder is prohibited from performing work on this Project with a Subcontractor who is ineligible to perform work on the Project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

BIDDER’S INFORMATION
Bidder certifies that the following information is true and correct:

Bidder’s Name ___________________________________________________________ Business Address _________________________________________________________ ________________________________________________________________________ Telephone _______________________________________________________________ State Contractor’s License No. and Class ______________________________________ Original Date Issued Expiration Date _______________________________ DIR Registration No: _______________________________________________________

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this Bid:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ The date of any voluntary or involuntar y bankruptcy judgments against any principal having an interest in this Bid are as follows:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this Bid are as follows:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 84 PROP- 11
I declare under penalty of perjury under the laws of the State of California that the above representations are true and correct. Execut ed this _____ day of ____________, 20__, at ___________________ California.

Signature and Title of Bidder
or Authorized Representative

85 PROP- 12

BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS AND DEFAULTS

Identify all instances of being disqualified, removed, determined to be a non-responsible bidder, debarred, assessed liquidated damages, terminated for default or otherwise prevented from bidding on, or completing, a federal, state, or local government project.

1. Have you ever been disqualifi ed from any government contract?

Yes  No 

2. If yes, explain the circumstances including date of public entity action, name of project, contract award amount and current contact person at public entity:

____________________________________________________________ Signature and Title of Bidder or Authorized Representative 86 PROP- 13
BID BOND FOR:
2025 RESIDENTIAL RESURFACING PROJECT

KNOW ALL PERSONS BY THESE PRESENTS that [Bidder] ________________________ __________________________ as PRINCIPAL, and __ _____________________________, a corporation organized under the laws of the State of __________ _______________ and licensed by the State of California to execut e bonds and undertakings as sole surety, as SURETY, are held and firmly bound unto the City of Goleta, as City, in the penal sum of ten percent (10%) of the total Base Bid Price on the base Contract Work, excluding any Alternate Bid Items submitted by PRINCIPAL to CITY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL has submitted a proposal to CITY for the above stated project.

NOW, THEREFORE, the penal sum guaranteed by this bond shall be forfeited to the City in the event of any of the follo wing: (1) The aforesaid Principal with draws said bid after the Bid Deadline contrary to applicable law; or (2) Principal fails, within ten (10) working days after receipt of written notice that the contract has been awarded to Principal and tender of the Contract, to, deliver to City the executed Agreement, in the prescribed form, in accordance with the bid as accepted, and file with the City all documents required in Section 3-1.18 CONTRA CT EXECUTION of the City of Goleta Construction Specifications.

In case suit is brought upon this bond, SURETY further agrees to pay all reasonable attorneys’ fees and costs incurred by CITY in an amount fixed by the court. SURETY hereby waives the provisions of California Civil Code Sections 2845 and 2849.

IN WITNESS WHEREOF the parties hereto have se t their names, titles, hands, and seals this _______day of , 20__.

P R I N C I P A L :
( A d d r e s s )

B Y :
(Signature and Title of Authorized Officer)

B Y :
(Signature and Title of Authorized Officer)

87 PROP- 14
S U R E T Y :
( A d d r e s s )

B Y :
(Signature and Title of Authorized Officer)

B Y :
(Signature and Title of Authorized Officer)
Note: All signatures must be acknowledged befor e a notary public. Attach appropriate acknowledgment. Also, evidence of the authority of any person signing as attorney-in-fact must be attached.

88 PROP- 15

STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTOR’S LICENSING LAWS
[Business & Professions Code § 7028.15; Public Contract Code § 20103.5]

The undersigned, a duly authorized representative of the Bidder, certify that I am aware of the provisions of California law and that I, or the company /individual on whose behalf this Bid is being submitted, hold a currently valid California contractor’s licens e as set forth in the Business and Professions Code § 7028.15 and Public Contract Code § 20103.5 (and any updates).

A contractor shall not be qualif ied 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, unle ss currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violati on 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 i d d e r :

License No.: Class Expiration date:

DIR Registration No.: _____________________

Date Signature

89 PROP- 16

DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code §§ 1777.1 and 1777.7; Public Contract Code § 6109] The undersigned, a duly authorized representative of the Bidder, certifies and declares that:

1. The Bidder is aware of Sections 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.

2. The Bidder is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sect ions 1771.1 or 1777.7 of the California Labor Code or any other provision of law.

3. The Bidder is aware of California Public Contract Code Section 6109 (and any updates.)

4. The Bidder has investigated t he eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontra ctor on a public works projec t by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 and 1777.7 of the Labor Code, or any other provision of law.

5. A contractor or subcontract or shall not be qualified to bi d 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 perfo rm 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, prov ided the contractor is regist ered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20__, at ________________________, California.

Signature:

N a m e :

T i t l e :

Name of Company:

Note: Signature must be acknowledged before a notary public. Attach appropriate acknowledgment.

90 PROP- 17

NON-COLLUSION DECLARATION
FOR
2025 RESIDENTIAL RESURFACING PROJECT

I am the [title] of [name of bidder], the
party making the foregoing bid, declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any m anner, 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 pa y, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effe ctuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a co rporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]

(Signature and Title of Authorized Representative)

91 PROP- 18

(THE BIDDER'S EXECUTION ON THE SIGNAT URE PORTION OF THIS PROPOSAL SHALL

ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH

ARE A PART OF THIS PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder______________ ___________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has_____, has not___, participat ed in a previous contract or s ubcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporti ng Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agen cy, or the form er President’s Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment O pportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts, which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60- 1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have par ticipated in a previous contract or subcontract subject to the Execut ive Orders and have not f iled the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Direc tor, Office of Federal Contract Compliance, U.S. Department of Labor.
___________________________________________________________

92 PROP- 19

PUBLIC CONTRACT CODE

Public Contract Code Section 10285.1 Statement

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State Universi ty. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managi ng employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of t he Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

93 PROP- 20

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In conformance with Public Co ntract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidd er, ever been disqualified, remov ed, or otherwise prevented from bidding on, or completing a federal, state, or lo cal government project because of a violation of law or a safety regulation?

Yes _____ No _____

If the answer is yes, explain the circumstances in the following space.

94 PROP- 21
PUBLIC CONTRACT CODE 10232 STATEMENT

In conformance with Public Cont ract Code Section 10232, the Cont ractor, hereby states under penalty of perjury, that no more than one final unappealable finding of c ontempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to co mply with an order of a federal court which order s the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that maki ng a false certification may subject the certifier to criminal prosecution.

95 PROP- 22

DEBARMENT AND SUSPENSION CERTIFICATION

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies that , except as noted below , he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, volunt ary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgement rendered agains t it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Bid. Signing this Bid on t he signature portion thereof shall also constitute signature of this Certification.

_________________________________________

96 PROP- 23

IRAN CONTRACTING ACT DISCLOSURE FORM

GENERAL

GENERAL REQUIREMENTS

A. Pursuant to the Iran Contract Act of 2010 (California Public Contract Code, Sections 2202- 2208), Bidders are ineligible to bid on projects with a public entity for goods or services of one million dollars ($1,000,000) or more if the Bidder engages in investment activities in Iran.

B. Bidders must provide the below disclosure form as a mandatory submittal for all projects in excess of $1,000,000. The Iran Contracting Act Disc losure Form shall be submitted by the 3 apparent low bidders within 7 working days after opening of the bids.

(California Public Contract, Sections 2202-2208)

When responding to a bid or proposal or executing a contract or renewal for a City contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 220 3(b) and is not a financ ial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 working days or more, if that other person will use the credit to provide goods or servi ces in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran cr eated by DGS; or b) demonstr ate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code Section 2203(c) or (d).

To comply with this requirement, please provide your vendor or financ ial institution name and complete one of the options below. Please note: California law establishes penalties for providing false certifications, including civil penalties equal to the greater of $250,000 or twice the amount of the contract for which the false certification was made; contract termination; and three-year ineligibility to bid on contracts. (Public Contract Code section 2205.)

OPTION #1 – CERTIFICATION

I, the official named below, certif y I am duly authorized to execute this certificat ion on behalf of the vendor/financial institution identified below, and the vendor/financial institution identified below is not on the current list of persons engaged in investment activities in Iran created by DGS and is not a financial institution extending twenty million ($20,000,000) or more in credit to another person/vendor, for 45 working days or more, if that other person/vendor will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS.

Vendor Name/Financial Institution (Printed)
By (Authorized Signature)
97 PROP- 24
Printed Name and Title of Person Signing
Date Executed Executed in

OPTION #2 – EXEMPTION

Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods and services.

If you have obtained an exemption from the certification requirement under the Iran Contracting Act, please fill out the information below, and attach documentation demonstrating the exemption approval.

Vendor Name/Financial Institution (Printed)
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in
98 PROP- 25

DRUG-FREE WORKPLACE POLICY AND

AFFIDAVIT

BID MAY BE DECLARED NONRESPONSIVE IF THIS FORM (COMPLETED) IS NOT ATTACHED.

Pursuant to City Council Resolution CC90-498 dated 6/26/90 the following is required.

The undersigned Proposer certifies that it and all subcontractors performing under this contract will provide a drug-free workplace by:

1. Publishing a "Drug-Free Workplace" statement not ifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition.

2. Establishing a Drug-Free Awareness Program to inform employees about:

a. The dangers of drug abuse in the workplace.
b. The Contractor's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance program. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

3. Notify employees that as a condition of employment under this Contract, employees will be expected to:

a. Abide by the terms of the statement.
b. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace.

4. Making it a requirement that each employee to be engaged in the performance of the Contract be given a copy on the "Drug-Free Workplace" statement.

5. Taking one of the following appropriate actions, within thirty (30) working days of receiving notice from an employee or otherwise receiving such notice, that said employee has received a drug conviction for a violation occurring in the workplace:

a. Taking appropriate disciplinary action against such an employee, up to and including termination; or
b. Requiring such employee to participate sati sfactorily in a drug abuse assistance or rehabilitation program approved for such purpose s by a federal, state, or local health, law enforcement or other appropriate agency.

* I certify that no person employed by this company, corporation, or business has been convicted of any criminal drug statute violation on any job site or project where this company, corporation, or business was performing work within three
(2) years of the date of my signature below.

EXCEPTION:

Date Violation Type Place of Occurrence
If additional space is required use back of this form.

*The above statement will also be incorporated as a part of each subcontract agreement for any and all subcontractors selected for performance on this project.

IN THE EVENT THIS COMPANY, CORPORATION, OR BUSINESS IS AWARDED THIS CONSTRUCTION CONTRACT, AS A RESULT OF THIS BID; THE PROPOSER WITH HIS/HER SIGNATURE REPRESENTS TO THE CITY THAT THE INFORMATION DISC LOSED IN THIS DOCUMENT IS CO MPLETE AND ACCURATE. IT IS

UNDERSTOOD AND AGREED THAT FALSE CERTIFICATION IS SUBJECT TO IMME DIATE TERMINATION BY THE CITY.

The Representations Made Herein On This Document Are Made Under Penalty Of Perjury. 99 PROP- 26

PROPOSER'S NAME:

BY: Date:

Signature Title
Effects of violations: a. Suspension of payments under this contract. b. Suspension or termination of the contract. c. Suspension or debarment of the contractor from receiving any contract from the City of Goleta for a period not to exceed five years.

FM 681 7/10/9
100

COMPLIANCE WITH ECONOMIC SANCTIONS
IN RESPONSE TO RUSSIA’S ACTIONS IN UKRAINE
SAPC Information Notice 22-15

Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or depar tment regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

Instructions: Complete Section 1, provide a letter for Section 2 and return both to your CPA. 1) ATTESTATION OF COMPLIANCE:

Having conducted a good faith review, I attest that
(agency name) is in compliance with the economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

Contractor/Provider Name (Printed): Contract Number (s):

By (Authorized Signature):

Printed name and title of authorized signor:

Date of Signed Attestation of Compliance:

2) REPORT OF ACTIONS/STEPS TAKEN:

Attach a brief report to this notice form, on your agency letterhead describing the steps and actions, if any, you have taken in response to Russia’s actions in Ukraine and to ensure compliance with the EO. Please note that responses may be subject to disclosure under the California Public Records Act. Accordingly, please do not include any confidential information or disclosures that could pose security risks.

PROP-27
101

Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirem ents of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exem pted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________

Signature: ______ ____________________________________________

Name: ________________________ __________________________

Title: __________________ ________________________________

Date: ________________________ __________________________

PROP-28
102

SECTION IV

AGREEMENT

103

Public Works Contract – Rev. April 2025

PUBLIC WORKS CONTRACT

BETWEEN THE CITY OF GOLETA
AND
________________

This Public Works Contract ( herein referred to as “CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and __________, a _____________ (hereinafter referred to as “CONTRACTOR”).

SECTION A. RECITALS

1. Pursuant to the Notice Inviting Sealed Bids for the _________ Project, bids were received, publicly opened, and declared on the date specified in the notice.

2. On __________, Goleta’s City Council declared CONTRACTOR to be the lowest responsible bidder and accepted the bid of CONTRACTOR and the City Council, approved this CONTRACT and aut horized the City Manager to execute the CONTRACT with CONTRACTOR for furnishing labor, equipment, and material for the __________ Project in the City of Goleta.

NOW, THEREFORE , in consideration of the for egoing and the mutual covenants herein contained, it is agreed:

SECTION B. TERMS

1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the ___________ Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as gener ally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A) and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhibit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.

2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:

The contract documents for the aforesaid project, a complete set of which is on file with the Goleta City Clerk’s Office, shal l consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with this CONTRA CT and all required bonds, insurance certificates, permits, notices and affidavits; and al so, including any and all addenda or supplemental agreements cl arifying, amending, or extending the work contemplated as may be required to in sure its completion in an acceptable AGMT-1
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Public Works Contract
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manner. All of the provisions of said contract doc uments are made a part hereof as though fully set forth herein. This contract is intended to require a complete and
finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exis ts between the aforesaid documents and this written CONTRACT, the provisions of this CONTRACT, and the Standard Specifications, in that order, shall contro l. Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRACTOR and supersede any previous agreements or understandings.

3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of t he nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elem ents, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspensi on or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $______ per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.

5. PREVAILING WAGES:

A. Pursuant to Labor Code Sections §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CON
TRACTOR must pay its workers
prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage r equirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.

AGMT-2
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B. In accordance with Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.

C. CITY directs CONTRACTOR’s att ention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the em ployment of apprentices by CONTRACTOR or any subcontractor.

D. Labor Code Section 1777.5 require s CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

(1) When employment in the area of coverage by the joint appren- ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or

(2) When the number of apprentices in training in the area exceeds a ratio of one to five, or

(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeshi p training on an annual basis state-wide or locally, or

(4) When assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.

Pursuant to Labor Code § 1776, CONT RACTOR shall comply with all Department of Industrial Relations registration requirements.

E. CONTRACTOR is required to make c ontributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such AGMT-3
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contributions.

F. CONTRACTOR and any subcontract or must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.

G. Information relati ve to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

H. CONTRACTOR and its subcontractors must keep an accurate certified payroll records showing the name, o ccupation, and the actual per diem wages paid to each worker employed in connection with this CONTRACT.

The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement.

If requested by CITY, CONTRACTOR must provide copies of the records at its cost.

6. LEGAL HOURS OF WORK: CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Except as provided by Labor Code Section 1815, the CONTRACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CONTRACTOR or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.

7. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this CONTRACT as such travel and subs istence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.

8. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees (“Indemnitees”) shall not be answerable or accountable in any manner for any loss or damage that may happen to t he work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the AGMT-4
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performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

CONTRACTOR will indemnify Indemniti es against and will hold and save Indemnitees harmless from any and all ac tions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligenc e on the part of CITY. In connection therewith:

a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith.

b. CONTRACTOR will pr omptly pay any judg ment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities aris ing out of or in connection with such work, operations or activi ties of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.

c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.

CONTRACTOR'S obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this CONTRACT, Contractor shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of Contractor AGMT-5
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will be for that entire portion or percentage of liability not attributable to the active negligence of City.

So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by CITY may be retained by CITY until disposition has been made of such actions or claims for damages as aforesaid.

It is expressly understood and agreed that the foregoing provis ions are intended to be as broad and inclusive as is permitted by the law of the St ate of California.

This indemnity provision shall survive the termination of the CONTRACT and is in addition to any other rights or remedies which Indemnitees may have under the law.

This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this CONTRACT or any additional insured endorsements which may extend to Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their dutie s, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.

9. THIRD-PARTY CLAIMS: In accordance with Public Contracts Code Section 9201, CITY will promptly in form CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event la ter than ten (10) business days after CITY receives such claims. Such notific ation will be in writing and forwarded in accordance with the “Notice” section of this CONTRACT. As more specifically detailed in the contract documents, CONTRACTOR ag rees to indemnify and defend the City against any third-party claim.

10. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcont ractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

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11. INSURANCE: With respect to performance of work under this CONTRACT, CONTRACTOR shall maintain and shall r equire all of its subcontractors to maintain insurance as required in the Standard Specifications.

12. ASSIGNMENT: This CONTRACT is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent contra ctor. Neither the CI TY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.

14. TAXES: CONTRACTOR is responsible fo r paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.

15. LICENSES: CONTRACTOR represents and warr ants to CITY that it has all licenses, permits, qualifications, insuranc e, and approvals of whatsoever nature which are legally required of CONTRA CTOR to practice its profession.

CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obt ain at all times during the term of this CONTRACT any licenses, permits, insur ance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Goleta business license, if required under CITY ordinance.

16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this CONT RACT. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

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17. SEVERABILITY: If any portion of these cont ract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.

18. WHOLE AGREEMENT: This CONTRACT supersedes any and all other agreements either oral or written, between the partie s and contains all of the covenants and agreements between the parti es pertaining to the work of improvements described herein. Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, st atements or promise not contained in this contract shall not be va lid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.

19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this CONTRACT represent all individuals, firm members, partners, joint v entures, and/or corporate o fficers having a principal interest herein. Each party warrants that the individuals who have signed this CONTRACT have the legal power, right, a nd authority to make this CONTRACT and to bind each respective party. This CONTRACT may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.

20. NOTICES: All notices permitted or required under this CONTRACT shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this CONTRACT. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.

Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable addr ess. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.

CITY OF GOLETA
130 Cremona Drive, Suite B
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Attn:

City Manager

CONTRACTOR
__________________________________________________
__________________________________________________
__________________________________________________

21. DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.

22. NONDISCRIMINATION: The CITY reaffirms its ong oing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business. No discrimination or discriminatory practice shall occur in either employment of persons for, or completion of, the work contempl ated by this CONTRACT, when such discrimination is based on race , color, national origin, or ancestry; religion; sex; gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition, or genetic information; marital or domestic partner status; citiz enship status; age; sexual orientation; exercising a legally protected right to an employment leave of absence; status as a victim of domestic violence, sexual a ssault, or stalking; reproductive health decision-making, or any other classificati on protected under stat e or federal law.

Among other possible violations of law, a violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.

23. PAPER PRODUCTS AND PRINTING REQUIREMENTS: To the extent this contract provides paper products, and printing and writing paper for the City, CONTRACTOR must meet quality standards and criteria specified in SB 1383, Sections 22150-22154 of the Public Contract Code and 16 Code of Federal Regulations (CFR) Section 260.12 by:
a. If fitness and quality are equal, provide recycled products, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.
b. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 CFR Section 260.12.
c. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. Th is certification requirement may be AGMT-9
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waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website. d. Certify in writing, on invoices or receipts provided, that the paper products and printing and wr iting paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12.
e. Comply with any other requirement s in Goleta Municipal Code Section

8.10.900(B).

24. ORGANIC WASTE USE REQUIREMENTS: To the extent this contract provides landscaping maintenance, renovation, and construction services, CONTRACTOR must:
a. Use compost and SB 1383 eligible mulch, as practicable, produced from recovered organic waste, for all land scaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standar ds and criteria spec ified. SB 1383 eligible mulch used for land application must comply with 14 CCR Section 18993.1 - 18993.4, and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Sect ions 17852(a)(24.5)(A)(1) through (3).
b. Keep and provide records of proc urement of recovered organic waste products (either through purchase or acquisition) to the City’s Designated Representative, upon completion of projects. Information to be provided must include:
i. General description of how and where the product was used and if applicable, applied;
ii. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the recovered organic waste products were procured; iii. Type of product;
iv. Quantity of each product; and,
v. Invoice or other record demonstrating purchase or
procurement.
c. Comply with all requirements in Goleta Municipal Code Section

8.10.900(A).

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25. NO THIRD-PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRA CTOR and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the CONTRACTOR’s or the CITY’s obligations under this Contract.

26. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.

27. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES: The Parties agree that this CONTRACT, agreements ancillary to this CONTRACT, and related documents to be entered into in connection with this CONTRACT will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be tr eated in all respects as having the same effect as an original signature.

28. GOVERNING LAW: This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.

IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dat es set forth opposite their signatures.

This CONTRACT is executed on this ________ day of ___________, at Goleta, California, and effective as of _____ ______, 20____.

CITY OF GOLETA:

___________________________________
Robert Nisbet, City Manager

ATTEST:

___________________________________
Deborah Lopez, City Clerk

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APPROVED AS TO FO
RM:

ISAAC ROSEN, CITY ATTORNEY
___________________________________
Scott Shapses, Deputy City Attorney

CONTRACT
OR:
_____________________________________
Name, Title
State of California License No.
_____________________________________
Department of Industrial Relations Registration
No.
_____________________________________
Business Phone No.
_____________________________________
CONTRACTOR’S Emergency Phone No. at
which contractor can be reached at any time
_____________________________________
_____________________________________
_____________________________________
Name, Title
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EXHIBIT A
NOTI

CE INVITING SEALED BIDS
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EXHIBIT B

BID PROPOSAL
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SECTION V

INSURANCE AND BONDS

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INS 1

INSURANCE REQUIREMENTS

General Liability Insurance
The general liability must be at least combined single limits of no less than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate, $25,000,000 Umbrella or excess liability, and must contain:

1. Extension of coverage to the City, its officials, officers, agents and employees, as additional insureds, with respect to Contractor's liabilities hereunder in insurance coverages identified above;

2. A provision that coverage will not be canc eled or subject to reduction until at least thirty (30) working days' prior written notice has been given to the City Clerk, addressed to 130 Cremona Drive, Suite B, Goleta, CA 93117;

3. A provision that Contractor's insurance shall apply as primary, and not excess of, or contributing with, the City;

4. Contractual liability coverage sufficient ly broad so as to include the liability assumed by the Contractor in the indemnity and hold harmless provisions of the Standard Condition;

5. A cross liability clause, or equivalent wording, stating that coverage will apply separately to each named or additional insured as if separate policies had been issued to each;

6. A broad form proper ty damage endorsement;

7. A provision that the policies be provided on an "occurrence" basis;

8. Coverage for XCU (explosion, collapse, underground) hazards if applicable to the work; and

9. Products and complet ed operations coverage.

Umbrella or Excess Liability policies (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specif ied for underlying coverages and covering those insured in the underlying policies. An y such policy shall include a drop-down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Cove rage shall be “pay on behalf,” with defense costs payable in addition to policy limits. There shall be no cross- liability exclusion of claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subcontractors or others involved in the Work. Limits are subject to revi ew but in no event le ss than $2,000,000 per occurrence for all covered losses and no less than $4,000,000 general aggregate, except with respect to umbrella or excess liability which must be no less than the amount set forth above.

Approval of insurance by the City or acceptance of the certificate of insurance by City shall not relieve or decrease the ex tent to which the Contractor may be held responsible for payment of damages resulting fr om Contractor's services or operation pursuant to the 119
INS 2

Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.

Policy Forms, Endorsements and Certificates
Provide and maintain current certificates of Insuranc e on forms supplied by the City and evidencing the above coverage to City pr ior to execution of this Agreement by City. Exercise due diligence to require any and all subcontractors and/or sub- subcontractors and all tiers of such subcontra ctors to provide Gener al and Automobile Liability, and Workers' Compensation and Employ er's Liability Insurance with minimum limits of coverage and upon terms and provisions required above. 120
INS 3

NOTICE TO INSURANCE BROKER
Your client has been awarded a bid by the City Council of the City of Goleta to perform a public works project know n as ____________________ __________. The Contract Conditions for that project require your client ("the Contractor ") to return certain evidence of insurance and bonds to the City Attorney of the City within fifteen (15) working days after the Bid award, or else the Bid award may be terminated and awarded to another company.

This package contains the information you will need as an insurance broker to provide the appropriate insurance and bonds to the City. The insurance coverages the Contractor needs are specified in the section ent itled "Insurance Requirements." Pl ease note that, in addition to the insurance certificate itself, copies of several endorsements must be actually furnished for review.

Please refer to Special Provisions for modifications of the Standard Construction Specifications and the requirements of this insurance packet.

Please use the standard City of Goleta Bond Forms provided in this package.

The Bonds required must each be in the penal amount of: $______________________.

Documents should be forwarded to or questions addressed to:

Office of the City Attorney
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
(805) 961-7500
When forwarding the documents, please refer to the project name so that the documents can be matched with the Contract for which they are submitted.

Thank you.

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INS 4

INSURANCE REQUIREMENTS
In addition to Section 7-1.06 INSURANCE of the State Standard Specifications the:

A. Evidence of Maintenance Required. The Contract or shall, at all times, maintain in full force and effect at a minimum the insurance required by this section; and the Contractor shall not allow any subcontractor to commence work until similar insurance required of the subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorsements, all in a form approved by the Director, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council. Contractor shall provide ten (10) working days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Goleta as Certificate holder.

B. Qualifying Insurers. With the exception of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best' s Insurance Reports.

C. Insurance Required. Commercial General Liability, automobile liability, and workers' compensation insurance shall be maintained as follows:

1. Commercial General Liability
for Minor Construction
Projects
(Projects under $1,000,000)
$2,000,000 each occurrence
$4,000,000 aggregate
5,000,000.00 Umbrella or excess
liability
Personal Injury:
$2,000,000 each occurrence
$4,000,000 aggregate
$5,000,000.00 Umbrella or excess
liability

Commercial General Liability
for
Major Construction Projects
(Projects over $1,000,000)
$5,000,000 each occurrence
$10,000,000 aggregate
25,000,000.00 Umbrella or excess
liability
Personal Injury:
$5,000,000 each occurrence
$10,000,000 aggregate
$25,000,000.00 Umbrella or excess
liability

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INS 5

The Commercial General Liability policy shall include coverage or endorsements for:
a. Completed operations.
b. Losses related to independent cont ractors, products and equipment. c. Explosion, collaps e and underground hazards.

The Commercial General Liability insurance s hall include the following, copies of which shall be provided:
a. Inclusion of the City of Goleta, and it s officers, agents, employees, and volunteers, as additional insureds (except for workers‟ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the Insurance Services Office (“ISO”) CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy.

Endorsements must include coverage for on-going and completed operations.

Endorsements shall cover the City of Goleta, its officers, agents, employees, and volunteers.
b. Cross liability and severability of interest clauses providing that the insurance applies separately to each insured except with respect to the limits of liability. c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the CONTRACTOR.
e. Any available insurance proceeds in e xcess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
f. Waiver of s ubrogation endorsement.
g. The CONTRACTOR shall furnish a certificate for the period covered.

SPECIAL NOTICE - CLAIMS MADE COVERAGE:

Liability insurance coverage may not be written on a "claims made" basis. The Certificate of Insurance must clearly provide that the coverage is on an "occurrence" basis.

1. Comprehensive Automobile Liability for bodily injury (includi ng death) and property damage which provides total limits of not less than One Million Dollars ($1,000,000) combined single limits per accident, applicabl e to all owned, non-owned, and hired vehicles.

2. Statutory Workers' Compensat ion and Employer' s Liability Insurance, including a waiver of subrogation endorsement and a Broad Form "All-States " Endorsement for all employees engaged in services or operations under the Contract. The employer' s liability insurance shall provide limit s of not less than One Million Dollars ($1,000,000) per occurrence. Both the workers' compensation and employer' s liability policies shall contain 123
INS 6

the Insurer' s waiver of subrogation in favo r of the City, its offi cers, agents, employees, and volunteers.

7-1.12.2 BUILDER’S RISK/COURSE OF CONSTRUCTION INSURANCE:

The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion.

The Contractor shall secure "All Risk" type of builder' s Risk Insurance of the type covering one hundred percent (100%) of the value of the wo rk performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

The policies providing such insurance s hall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City.

The maximum deductible allowable under the Builder' s All Risk policy shall be five percent (5%) of the Contract amount.

Builder' s Risk Insurance is not required for co verage of losses in excess of five percent (5%) of the Contract amount fo r damages resulting from earthquak e in excess of a magnitude of 3.5 on the Richter scale, or ti dal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

7-1.12.3 OTHER INSURANCE PROVISIONS:

A. The requirements of the State Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to, and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not limited to, the provisions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.

B. The City acknowledges that some insurance requirements c ontained in these provisions may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by Contractor under the Contract. Any self-insurance must be approved in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of insurance and approved by CITY in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise this right shall not constitute a waiver of such right.

C. The Contractor agrees to include in its contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the extent they apply to the scope of the subcontractor‟s work.

Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the C ontractor is bound to the City under this Contract. Additionally, the Contractor shall obligate its 124
INS 7

subcontractors to comply with these same provisions with respect to any tertiary subcontractor, regardless of tier. A copy of the City’s indemnity and insurance provisions will be furnished to the subcontractor or tertiary subcontractor upon request.

Alternatively, the Contractor may insure subcontractor(s) under its own policy.

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and 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. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

E. The limits of insurance requi red in this Contract may be satisfied by a combination of primary and excess insurance. Any excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insurance shall be called upon to protect it as a named insured.

F. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY PROGRESS PAYMENTS

TO THE ONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.

Additional Insurance Requirements:

Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination event arising out of the materials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance. Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

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INS 8

FAITHFUL PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Goleta, has awarded to
____________________________, (hereinafter referred to as the “Contractor”) an agreement for the 2025 RESIDENTIAL RESURFACING PROJECT (hereinafter referred to as the “Project”). For the purposes of this Faithful Performance Bond, the City of Goleta and Caltrans shall hereinafter be referred to as “City.”
WHEREAS, the work to be performed by the Cont ractor is more particularly set forth in the Contract Documents for the Project dated ______ __________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

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

In the event the Contract is modified, amended, or supplemented in a manner that increases the total Contract price, including but not limited to any Change Order issued pursuant to the Contract, the Contractor shall furnish to the City, at Contractor’s sole expense and within fifteen (15) calendar days of such modification, an executed Bond Rider to this Bond reflecting the revised Contract price and in creasing the penal sum of this Bond accordingly. The Surety acknowledges and agrees that this obligation to provide a Bond Rider applies to all increases in the Contract amount regardless of whether the Surety has re ceived separate notice of the Contract modification. The Surety further agrees that failure of the Cont ractor to provide such Bond Rider shall not relieve the Surety of its obligations under this Bond. Nothing in this paragraph shall be construed to limit the City’s right to enforce the Bond up to the penal sum then in effect, or to require the City to accept work under a Change Order without such bond adjustment.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as t herein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemni fy and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. 126
As a part of the obligation secured hereby a nd in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Do cuments, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or dam age resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herei n shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuan t to the Contract Documents, or shall promptly, at the City’s option:

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

Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contra ctor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the even t of default by the Contractor.

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

The Surety, for value received, hereby sti pulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Docu ments or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby INS 9
127
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.

Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
INS 10
128
IN WITNESS WHEREOF, we have hereunto se t our hands and s eals this _______ day
of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
B y
T i t l e
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact
Certificate) Title
The rate of premium on this bond is ____________ per thousand. Th e total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________ ___________________ ___________________________________________
___________________________________________
(Name and Address of Agent or __________________________ _________________ Representative for service of ________________________ ___________________ process in California, if different __________________ _________________________ from above)
(Telephone number of Surety __________________________ _________________ and Agent or Representative for
service of process in California)
INS 11
129
Notary Acknowledgment
A notary public or other of ficer completing this
certificate verifies only the identity of the individual who signed the document to whic h this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
INS 12
130
NOTE: This acknowledgment is to be completed for Contractor/Principal.

INS 13
131
Notary Acknowledgment
A notary public or other of ficer completing this
certificate verifies only the identity of the individual who signed the document to whic h this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

INS 14
132

END OF PERFORMANCE BOND
INS 15
133

LABOR AND MATE

RIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Goleta by action taken or a resolution passed ___________________ , 20____, has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: the 2025 RESIDENTIAL RESURFACING PROJECT (the “Project”). the purposes of this Faithful Performance Bond, the City of Goleta and Caltrans shall hereinafter be referred to as “City.”; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the INS 16
134
bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
B y
T i t l e
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact
Certificate) Title
INS 17
135
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the i dentity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accura cy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

INS 18
136
Notary Acknowledgment
A notary public or other officer completing
this certificate verifies only the identity of the
individual who signed the document to which this
certificate is attached, and not the truthfulness,
accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be co mpleted for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

INS 19
137

END OF LABOR AND MATERIAL PAYMENT BOND
INS 20
138

SECTION VI

CITY OF GOLETA CONSTRUCTION SPECIFICATIONS
139
GCS-1

SECTION VI

CITY OF GOLETA CONSTRUCTION SPECIFICATIONS

TABLE OF CONTENTS

Adoption of State Specifications
Section 1. Definitions and Terms GCS-2
Section 2. Proposal Requirements and Conditions GCS-3
Section 3. Contract Award and Execution GCS-6
Section 4. Scope of Work GCS-7
Section 5. Control of Work GCS-7
Section 6. Control of Material GCS-9
Section 7. Legal Relations and Responsibility GCS-9
Section 8. Prosecution and Progress GCS-21
Section 9. Measurement and Payment GCS-22

140
GCS-2

SECTION 1. DEFINITION AND TERMS
1-1.03 ACCEPTANCE. Shall mean the formal Acceptance by the City Manager of an entire Contract which has been completed in all res pects in accordance with the Plans and specifications and any modifications thereof pr eviously approved, causing a notice of completion to be approved by the City Manager. 1-1.13 DEPARTMENT. Shall mean the Department of Public Works of the City of Goleta, also referred to as the Department of Contract Administration. References made to the Department of Trans portation otherwise shall mean the State of California Department of Transportation.
1-1.15 DIRECTOR. Shall mean the Public Works Director or his or her duly authorized representative.
1-1.17 [Reserved]
1-1.18 ENGINEER. Shall mean the Public Works Director or his or her duly authorized representative.
1-1.19 ENGINEER'S ESTIMATE. The estimate prepared by the Public Works Director of quantities of work to be performed.
1-1.26 LIQUIDATED DAMAGE. The amount to be dedu cted from payments due or to become due to the Contractor for delay, as set forth in the Special Provisions. 1-1.29 PLANS. The official project Plans, State Standard Plans, Improvement Plans, profiles, typical cross sections, gene ral cross sections, working drawings, and supplemental drawings, or reproductions t hereof, approved by the Director which show the location, character, dim ensions and details of the work to be performed. All such documents are to be considered as a part of t he Plans whether or not reproduced in the special provisions.

In the above definition, the following terms are defined as follows:
(a) State Standard Plans – The 2018 Stan dard Plans of the Department of Transportation of the State of California.
(b) Revised State Standard Pl ans – The Revised Standard Plans of the Department of Transportation of the State of California.
(c) Project Plans – The project Plans are specific details and dimension peculiar to the work and supplemented by the State Standard Plans, insofar as the same may apply.
(d) Improvement Standards – The Impr ovement Standards and Construction Standards of the City of Goleta Department of Public Works. 1-1.30 SPECIFICATIONS. State Standard Specifications, revised standard specifications, special provisions
In the above definition, the following terms are defined as follows:
(a) State Standard Specifications – Specifications standard to Caltrans’ construction projects. These specifications are in a book titled Standard Specifications 2018. (b) Revised Standard Specifications – New or revised standard specifications. These specifications are in a section titled Re vised Standard Specifications in a book titled REVISIONS TO THE STANDARD SPECIFICATIONS.
(c) Special Provisions – Specifications specific to the project. 1-1.39 STATE.

Reference to the State or State of California shall mean City or City of Goleta unless the reference is to a law or regulation of the State.
1-1.50 CITY ATTORNEY.

The City Attorney of the City of Goleta.
141
GCS-3
1-1.51 ATTORNEY GENERAL.

The City Attorney of the City of Goleta.
1-1.52 CITY CLERK.

Shall mean the City Clerk of the City of Goleta.

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS

2-1.03 EXAMINATION OF PLANS, SPECIFI CATIONS, CONTRACT, AND SITE OF WORK
The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the general and local conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of ma terials to be furnished and as to the requirements of the proposal, plans, specifications and the contract.

The submission of a bid shall also be c onclusive evidence that the bidder is satisfied as to the character, quality and quant ity of surface and subsurface materials or obstacles to be encountered insofar as this information was reasonably ascertainable from an inspection of the site and the records of exploratory work done by the Department as shown in the bid documents, as well as from the plans and specifications made a part of the contract.

Where the Department has ma de investigations of site conditions including subsurface conditions in areas where work is to be performed under the contract, or in other areas, some of which may constitute po ssible local material sources, bidders or contractors may, upon written request, inspect the records of the Department as to those investigations subject to and upon the conditions hereinafter set forth.

Where there has been prior construction by the Department or other public agencies within the project limits, records of the prior construction that are currently in the possession of the Department and which hav e been used by, or are known to, the designers and administrators of the projec t will be made available for inspection by bidders or contractors, upon written request, subject to the conditions hereinafter set forth.

The records may include, but are not limited to, record drawings, design calculations, foundation and site studies, project reports and other data assembled in connection with the investigation, design, construction and maintenance of the prior projects.

When a log of test borings or other record of geotechnical data obtained by the Department's investigation of surface and subsurface conditions is included with the contract plans, it is furnished for the bidders' or Contractor's information and its use shall be subject to the conditions and limitations set forth in this Section 2-1.03.

When cross sections are not included with the plans, but are available, bidders or contractors may inspect the cross sections and obtain copies for their use, at their expense.

When cross sections are included with the contract plans, it is expressly understood and agreed that the cross sections do not constitu te part of the contract, do 142
GCS-4
not necessarily represent actual site conditions or show loca tion, character, dimensions and details of work to be performed, a nd are included in the plans only for the convenience of bidders and their use is subject to the conditions and limitations set forth in this Section 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK.

When contour maps were used in the design of the project, the bidders may inspect those maps, and if available, they may obtain copies for their use.

The availability or use of information described in this Section 2-1.03 is not to be construed in any way as a waiver of the provisions of the first paragraph in this Section 2-1.03 and bidders and contractors are cauti oned to make independent investigations and examinations as they deem necessary to be satisfied as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from the property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the specifications.

The Department assumes no responsibility for conclusions or interpretations made by a bidder or contractor based on the in formation or data made available by the Department. The Department does not assume responsibility for the representation made by its officers or agents before the execution of the contract c oncerning surface or subsurface conditions, unless that representation is expressly stated in the contract.

No conclusions or interpretations made by a bidder or contractor from the information and data made available by the Department will relieve a bidder or contractor from properly fulfilling the terms of the contract.

2-1.05 PROPOSAL FORMS.

The Department will furnish to each Bidder a standard proposal form, which, when filled out and executed shall be submitted as his bid. Bids are not presented on forms so furnished will be disregarded.

The proposal form is inclu ded in these Contract Docu ments. The proposal shall set forth for each item of work, in clearly l egible figures and words, an item price and a total for the item in the respective spaces provided, and shall be signed by the Bidder, who shall fill out all blanks in the proposal form as required therein.

All items shown on schedule of bid items shall be properly filled in and shall include all costs of labor, materials, equipment, Stat e, Federal, or other taxes applicable to the transaction. The completed forms shall be without inter-lineations, erasures or alterations of any nature. If the proposal is made by an individual, hi s or her name and post office address must be shown; if made by a firm or partnership , the name and post office address of each member of the firm or part nership must be shown; or if made by a corporation, the proposal shal l show the name of the State under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary, and treasurer of said corporation. If the proposal is signed by an agent, a "Power of Attorney" must be filed with the proposal.

143
GCS-5
The proposal shall be submitted as directed in Section I "Notice to Contractors" and identifying the project to which the proposal relates and the time and date of the bid opening therefore. Proposals which are not properly marked may be disregarded.

Proposal forms are not transferable.

2-1.06D PROPOSAL GUARANTY.

All bids shall be presented under sealed cover and accompanied by one (1) of the following forms of Bidder' s security.

1. Cash, a cashier' s check, a certified check, or a Bidder' s bond executed by an admitted surety insurer, made payable to the City.

2. The security shall be in an amount equal to at least ten percent (10%) of the amount bid. A bid will not be considered unless one (1) of the forms of Bidder's security is enclosed with it.

3. A Bidder' s bond will not be accepted unless it conforms to a bond form approved by the City Attorney. Upon r equest "Bidder's Bond" forms may be obtained from the Department.

2-1.06G PREVIOUS DISQUALI FICATION, REMOVAL OR OTHER PREVENTION OF BIDDING.

A bid may be rejected on the basis of a Bi dder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local project because of a violation of law or a safety regulation.

2-1.11 COMPETENCY OF BIDDERS.

If two (2) or more prospective Bidders desir e to bid jointly as a joint venture on a single project, they must file an affidavit of joint venture with the Bid on a form approved by the City Attorney, and such affidavit of jo int venture will be valid only for the specific project for which it is filed. If such affidavit of joint venture is not filed as aforesaid and approved by the City Attorney prior to the time for awarding bids on the specific project for which it is submitted, a joint bid submitted by said Bidders will be disregarded. No bid will be accepted from or a Contract awarded to any Bidder to whom a proposal form has not been issued pursuant to Section 2-1.05 PROPOSAL FORMS of these Specifications.

2-1.12 GUARANTY AND WARRANTY.

The Contractor shall guarantee and warrant all materials supplied as being fit for the purpose intended. The Contractor shall guarantee and warrant all work performed as having been accomplished in a proper and workman-like manner. The guarantee and warranty required by this section shall c ontinue for a period of one (1) year after Acceptance of the Work.

Should any failure of the work occur within a period of one (1) year, after Acceptance of the project by the City Manager due to faulty materials, poor workmanship, or defective equipment, the Contractor shall promptly make the needed repairs at his or her expense.

The City is hereby authorized to make such repairs if the Contractor fails to make or undertake with due diligence the aforesaid repairs within ten (10) working days after 144
GCS-6
being given written notice of such failure; prov ided, however, that in case of emergency where in the opinion of the Engineer of Wo rk, providing a reasonable attempt has been made to notify the Contractor, delay would c ause serious loss or damages, or a serious hazard to the public, the repairs may be made or lights, signs, and barricades erected without prior notice to the Contractor, and the Contractor shall pay the entire cost thereof.

At the completion of the work the fait hful performance bond may be reduced at the discretion of the City Council to not less than ten percent (10% ) of the Contract price to cover said guarantee. Additional guarantees or warranties may be required by the Special Provisions.

2-1.40 WITHDRAWAL OF PROPOSALS.

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the deadline submission of bids only by written request for the withdrawal of the bid filed with the Director. The request shall be executed by the bidder or his or her duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after the deadline for submission of bids nor may any bid be withdrawn after the time fixed in the public notice for deadline for submission of bids. Immediately following the deadline for submission of bids all bids shall become the property of the City of Goleta and City is under no obligation to return.

2-1.47 BID RELIEF.

If the Bidder claims a mistake was made in his or her bid, the Bidder shall give the Department written notice within five (5) calendar days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. No relief from a claimed mistaken bid shall be granted unless such mistake clearly appears on the face of the bid submitted to the City. Claimed mistakes on backup worksheets, spreadsheets, computerized bidding programs, or any other similar calculative bidding mistake which is not apparent on the face of the bid shall not under any circumstance be considered as a basis for relief. The burden of proving the oc currence of a mistake entitling a bidder to relief from its bid rests entirely on the bidder. Relief from bids shall be in the City’s sole discretion.

SECTION 3. CONTRACT AWARD AND EXECUTION

3-1.04 CONTRACT AWARD.

The right is reserved to reject any and all proposals. The award of the Contract, if it be awarded, will be to the lowest respons ible Bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within ninety (90) working days after the public opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract, the Goleta Ci ty Council may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within one-hundred and twenty (120) working days after the public opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract, th e City may award the Contract to the third lowest responsible Bidder. Such award, if made, will be made within one hundred and twenty (120) working days afte r public opening of the proposals. The periods of time specified above within which the award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Goleta City Counc
il and the Bidder concerned.
145
GCS-7
All bids will be compared on the basis of t he Director' s estimate of the quantities of work to be done.

3-1.05 CONTRACT BONDS.

The successful Bidder, simultaneously with the execution of the Contract, will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price; said bonds shall be in a form approved by the City Attorney and shall be secured by a surety company satisfactory to the City Attorney. If the Contract price increases by the issuan ce of Change Orders, the Contractor shall within ten (10) working days provide a commensurate increase in the penal amounts of the bonds required.

Furthermore, the successful bidder shall furnish a certificate from the County Clerk as required by California Civil Code of Procedure Section 995.660(a)(3).

3-1.18 CONTRACT EXECUTION.

The Contract, in form and c ontents satisfactory to the City, shall be executed by the successful Bidder and retur ned, together with the Contract bonds and certificates of insurance within ten (10) cal endar days, after written notic e that the Contract has been awarded. No proposal shall be considered binding upon the City until the execution of the Contract by the City.

3-1.20 FAILURE TO EXECUTE CONTRACT.

Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds and insurance as provided herein within fifteen (15) working days after such Bidder has received notice that the Contract has been awarded to him or her shall be just cause for the annulment of the award and the forfeiture of the propos al guarantee to the City as Liquidated Damages. The successful Bidder may file with the Goleta City Council a written notice, signed by the Bi dder or his or her authoriz ed representative, specifying that the Bidder will refuse to execute the Contract if presented to him or her. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds and in surance within the time prescribed by Section 3-1.18 CONTRACT EXECUTION of these Specifications.

SECTION 4. SCOPE OF WORK
Not used.

SECTION 5. CONTROL OF WORK

5-1 MEANS, METHODS AND APPLIANCES.

The means, methods, and appliances adopted by the Contractor shall be planned and executed to produce the highest grade quality of work and will enable the Contractor to complete the Work in the time agreed upon. The City and Engineer shall not supervise, direct, or have control over, or be responsib le for, Contractor’s means, methods, and appliances of construction or for the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulati ons applicable to the furnishing or performance of Work.

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GCS-8
5-1.04 COORDINATION OF PLANS AND SPECIFICATIONS.

These City of Goleta Construction Specifications, the State Standard Specifications, the Standard Plans, the Standard Drawings, project Plans, project Special Provisions (and any addenda), the Agreem ent, Contract Change Orders, and all supplementary documents are all essential parts of the Contract between Contractor and the City. A requirement occurring in one (1) is as binding as though occurring in all. They are intended to be complementary, and to describe and provide for a complete work.

Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the Special Provisions, or the Plans, the Contractor shall apply in writing to the Director for such further explanations as may be necessary and shall conform to them as part of the Contract. In the event of any doubt or question arising respecting the true meaning of these specifications, the special provisions or the Plans, reference shall be made to the Director, whose decision thereon shall be final.

In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings.

5-2 CONTRACTOR’S RESPONSIBILITY FOR WORK.

Unless specified otherwise in the Contract Documents, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care and shall bear the risk of damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all damages to any portion of the Work occasioned by any of the above causes before final acceptance and shall bear the expense, except such damages occasioned by the acts of the Federal government or acts of war.

In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the Work as previously specified and shall also be responsible for all materials delivered to the Work. Where necessary to protect the Work from damage, the Contractor shall, at its own expense, provide suitable drainage of the worksite and erect such temporary structures as necessary to protect the Work from damage during any period of suspension of work.

The Contractor shall prov ide 24-hour emergency servic e for all maintenance and operations of the Work specified and s hall supply the City with the name and phone number of the responsible per son. Contractor will respond to requests for emergency service for the Work promptly upon notification. If the Contractor fails to provide this service after notice from City, City may perform such emergency service and the cost thereof shall be deducted from the next Progress Pay Estimate due the Contractor.

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GCS-9
SECTION 6. CONTROL OF MATERIAL

6-2.04 MATERIAL SITES.

Local material sites used by the Contractor shall be graded so that, at the time of final inspection of the Contract, they will drain and will blend in with the surrounding terrain.

SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY

7-1.01 PREVAILING WAGE.

Pursuant to the provisions of California Labor Code Section 1773, the City has identified the source, stated below , of the general prevailing rate of wages applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.

The wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm, and are a part of the Contract. "Pursuant to California Labor Code Section 1773.2, general prevailing wage rates shall be posted by the Cont ractor at a prominent place at the site of the work.

7-1.02 SOUND CONTROL REQUIREMENTS.

The Contractor shall additionally conform to the provisions of Goleta Municipal Code

12.02.480 Noise, Dust and D ebris where they are more restrictive than these specifications.

7-1.03 ASBESTOS.

The Contractor shall comply with all rule s, regulations, statutes and ordinances regarding asbestos removal and disposal, including but not limited to, 42 U.S.C. Sections 7401, 7412 and 7601 and 40 C.F.R. Part 61, Subpart M. If the Contractor discovers that a building to be demolished or renovated contains asbestos containing material, the Contractor shall immediately cease work and notify the City.

7-1.04 HIGHWAY CONSTRUCTION EQUIPMENT.

Pursuant to the authority contained in Vehicle Code Section 591, the Department has determined that, within such areas as are within the limits of the project and are open to the public traffic, the Contractor shall comply with all the requirements set forth in Vehicle Code Divisions 11, 12, 13, 14, and 15. Attenti on is directed to the statement in Section 591 that this section shall not relieve the Contractor or any per son from the duty of exercising due care. The Contractor shall ta ke all necessary precautions for safe operation of equipment and the protection of the public from injury and damage from such equipment.
7-1.05 CITY OF GOLETA ENCROACHMENT PERMITS.

The Contractor need not obtain a separate encroachment permit from the City prior to construction within street rights-of-way or other City rights-of-way . Execution of the Contract by the City shall be deemed an encroachment permit for work required by the 148
GCS-10
Contract within rights-of-way. All work shal l conform to the rules and regulations of encroachment permits and shall be subject to the inspection and approval of the Director. 7-1.06 CITY OF GOLETA BUSINESS LICENSE.

The Contractor shall obtain a business license from the City prior to commencing work.
7-1.07 PERMIT FOR TRENCHING OR EXCAVATION.

For trenches or excavation five (5) feet or deeper, the Contractor shall obtain from the Division of Industrial Safety, a permit authorizing such construction. 7-1.08 OTHER PERMITS.

The Contractor in coordination with the Director shall procure any necessary permits which the City is not specifically mentioned as obtaining. 7-1.09 PROJECT APPEARANCE.

The Contractor shall maintain a neat appearance to the work. In any area visible to the public, the following shall apply:

When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of conc urrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

Forms or falsework that are to be reused s hall be stacked neatly concurrently with their removal. Forms and falsework that are not to be reused shall be disposed of concurrently with their removal.

Full compensation for conforming to the prov isions in this section, not otherwise provided for, shall be considered as included in price paid for the various Contract items of work involved, and no additional compensation will be allowed therefore.

7-1.10 SAFETY.

It is the intent of the parties that the Cit y is not an exposing, creating, controlling, or correcting employer under California Labor Code section 6400. In accordance with generally accepted construction practices and State law, the Contractor shall have the authority and be solely and completely responsible for conditions on the job site, including safety of all persons and property duri ng performance of the Work. Moreover, the Contractor shall be the controlling employer and has the authority and responsibility to enforce worksite safety. The Contractor shall be responsible for conducting daily safety inspections and assuring all hazards and viol ations are abated. The Contractor is responsible for assuring that all subcontractors adhere to the minimum CAL/OSHA safety requirements and that each subcontractor ha s an effective CAL/OSHA IIP (Illness and Injury Protection Program) in place that specifically addresses a ll potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuously and not be limited to normal working hours. The Contractor shall be responsible for any delay costs or damages in the event the progress of Work is slowed or stopped due to a safety violation.

The services of the Director in conducting construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor' s Work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the 149
GCS-11
construction site. If a City employee observes a safety violation, the City employee will report the violation to the Contractor who is then responsible for assuring the violation is abated.

The Contractor is hereby informed that Work on this project could be hazardous.

The Contractor shall carefully instruct all personnel working in potentially hazardous Work areas as to potential dangers an d shall provide such necessary safety equipment and instructions as are necessary to prevent in jury to personnel and damage to property.

Special care shall be exercised relative to Work underground.

All Work and materials shall be in strict accordance with all applicable State, City, County, and Federal Rules, Regulations, and Codes, and attention is drawn to the requirements of CAL/OSHA. The Contractor s hall be solely responsible for compliance with all City, County and State blasting requirements and for any damages caused by his or her operations.

The Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protec tion of persons and property. No road or street shall be closed to the public except with the permission of the Director and the written approval by the proper governmental authorit y. Fire hydrants on or adjac ent to the Work shall be accessible to firefighting equipment. Temporary provisions shall be made by the Contractor to ensure the use of sidewalks, private and public driveways and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches and natural water courses.

In accordance with State Labor Code Section 6705, the Contractor shall submit to the City specific plans to show details of pr ovisions for worker protection from caving ground. This in no way relieves the Contractor from the requirement of maintaining safety in all operations performed by the Contractor or the Contractor's subcontractors. The detailed Plan showing des ign of shoring, bracing, slopi ng or other provisions shall be prepared and stamped by a registered civil or structural engineer in the State of California as required. Acceptance by the City or its designated agent only constitutes acknowledgment of the submis sion and does not constitute review or approval of the designs, design assumptions or criteria, comp leteness of submission s, applicability to areas of intended use, nor implementation of the Plans, which are solely the responsibility of the Contractor and his or her registered engineer.

Notwithstanding any classifications relati ve to the Tunnel Safety Orders, Work within confined spaces on this project is subject to the definitions and applicable provisions of California Code of Regulations Section 8400 et seq., Title 8.

The Contractor shall so perform its Work as not to expose personnel to, or to discharge into the atmosphere from any source whatever, smoke, dust, asbestos, toxic chemicals or other air contaminants in violation of the laws, rules, and regulations of the governmental entities having jurisdiction. C ontractors or subcont ractors removing one hundred (100) feet or more s quare feet of asbestos must be "Certified" in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials shall be performed with protection of per sonnel in compliance with all applicable regulations and safety requirements.
150
GCS-12

Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents diffe r from governing codes, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished s hall be grounded and pr ovided with guards and protection as required by safety codes . Where vapor tight or explosion proof electrical installation is required by code, this shall be provided. In accordance with the provisions of Labor Code Section 6707, the Contract or shall provide adequate sheeting, shoring and bracing

7-1.10A CONFINED SPACES.

Confined spaces requires compliance with CAL/OSHA and Federal OSHA requirements. Confined spaces for the purposes of this Section shall be as defined by the Division of Industrial Safety. Work within confined spaces of this project is subject to the definitions and applicable provisions of Section 5156 et seq., Title 8, Division 1, Chapter 4, Subchapter 7, Group 16, Article 108 of California Code of Regulations, and Title 29 Part 1926 of the Code of Federal Regulations.

In addition the City classifies the following existing facilities as confined space:
the interior of pipelines, vaults, manholes, reservoirs and any other such structure or space which is similarly surrounded by confining surfaces as to permit the accumulation of dangerous gases or vapors. The confined spaces are “permit” confined spaces as defined by OSHA and CAL/OSHA and therefore entry is allowed only through compliance with a confined space entry permit program by the Contractor that meets the requirements of 8 C.C.R. Section 5157. While the above mentioned locations have been identified as permit confined spaces, other permit confined spaces may exist. It shall be the responsibility of the Contractor to identify and classify these confined spaces.

It is anticipated that the Contractor may encounter hazardous conditions within these permit confined spaces which include, but are not limited to the following:

a. Exposure to hydrogen sulfide, me thane, carbon dioxide and other gases and vapors commonly found in municipal sewers which could have or has the potential of having Immediate Danger to Life or Health Conditions (IDLH).

b. Exposure to atmosphere containing insufficient oxygen to support human life.

c. Exposure to combustible, flam mable and/or explosive atmosphere.

d. Exposure to sewage which may contain bacteriological, chemical and other constituents harmful to humans.

e. Work in conditions where engulfment or entrapment may occur.

f. Work in environments which may be slippery and/or have uneven work surfaces.

g. Work in structures where workers may trip, slip and/or fall several feet. 151
GCS-13

h. Exposure to an oxygen enriched environment.

7-1.11 RESPONSIBILITY FOR DAMAGE.

The City of Goleta and its officers, agents, employees, and volunteers, including but not limited to the Director, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the wo rk or any part thereof; for any loss or damage to any of the materials or any things used or employed in performing the work; for injury to or death of any person, either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, his or her workers, or anyone employed by the Contractor or his or her subcontractors.

The Contractor shall be responsible for any liability imposed by law and for injuries to, or death of, any person including, but not limited to, workers and the public, or damage to property resulting from defects or obstruc tions, or from any cause whatsoever during the progress of the work or at any time before its completion and final Acceptance.

To the fullest extent allowed by law, the Contractor shall defend (through counsel acceptable to the City), indemnify, and save harmless the City of Goleta and its officers, agents, employees, and volunteers from all claims, suits, or actions of every name, kind, and description, brought forth, or on account of, injuries to or death of any person including, but not limited to, workers and the public, or damage to property resulting from the performance of the Contract, except as otherwise provided by statute.

The duty of the Contractor to defend, indemnify, and save harmless includes, but is not limited to, the duties to defend as set forth in Civil Code Section 2778.

The Contractor waives any and all righ ts to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.

It is the intent of the parti es that the Contractor will defend, indemnify, and hold harmless the City of Goleta, its officers, agents, employees, and volunteers from any and all claims, suits, or actions as set forth above regardless of exist ence or degree of fault or negligence, whether active or passive, primary, or sec ondary, on the part of the City, the Contractor, the subcontractor or employee of any of these; except duty does not apply where the injury or damage is due to the sole or active negligence of the City.

The Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Contract for the full period of time allowed by law. The defense and indemnity obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract.

The parties intend that the defense and indemnit y obligations in this Contract shall be broadly construed.

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of such suits or claims for damages.

The retention of money due the Contractor shall be subject to the following:

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GCS-14
A. The City will give the Contra ctor thirty (30) working days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to Acceptance of the Contract. Retention of funds from any payment made after Acceptance of the Contract may be made without such prior notice to the Contractor.

B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06 PARTIAL PAYMENTS of these Specifications.

C. If the City had retained funds and it is subsequently determined that the City is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which such retention was made, the City shall be liable for interest on the amount retained at the legal rate of interest for the period of such retention.

7-1.12 INSURANCE COVERAGE.

A. Evidence of Maintenance Requi red. The Contractor shall, at all times, maintain in full force and effect at a minimum the insurance required by this section; and the Contractor shall not allow any subcont ractor to commence work until similar insurance required of the subcontractor has been obtained and filed. An original Certificate of Insurance, and copies of all required endorseme nts, all in a form approved by the Director, evidencing all required coverage or policies shall be filed after the award of the bid and prior to approval of the Contract by the City Council.

Contractor shall provide ten (10) working days prior written notice to the City of any reduction of coverage limits or cancellation of the coverage or policies shall be given to the City of Goleta as Certificate holder.

B. Qualifying Insurers. With the except ion of the State Compensation Insurance Fund, all required insurance policies shall be issued by companies licensed to do business in the State of California and who hold a current policy holders alphabetic and financial size category rating of not less than AVII according to the most recent issue of Best' s Insurance Reports.

C. Insurance Required. Commercial Gener al Liability, automob ile liability, and workers' compensation insurance shall be ma intained as follows in the insurance requirements as follows:

1. Commercial General
Liability for Minor
Construction Projects
(Projects under
$1,000,000)
$2,000,000 each occurrence
$4,000,000 aggregate
$5,000,000.00 Umbrella or excess liability
Personal Injury: $2,000,000 each occurrence
$4,000,000 aggregate
$5,000,000.00 Umbrella or excess liability

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Commercial General
Liability for Major
Construction Projects

(Projects over
$1,000,000)
$5,000,000 each occurrence
$10,000,000 aggregate
$25,000,000.00 Umbrella or excess liability
Personal Injury:
$5,000,000 each occurrence
$10,000,000 aggregate
$25,000,000.00 Umbrella or excess liability

The Commercial General Liability policy shall include coverage or endorsements for:

a. Completed operations.

b. Losses related to independent contractors, products and equipment.

c. Explosion, collaps e and underground hazards.

The Commercial General Liability insuranc e shall include the following, copies of which shall be provided:

a. Inclusion of the City of Goleta , and its officers, agents, employees, and volunteers, as additional insureds (except for workers‟ compensation) as respects services or operations under the Contract. The additional insured endorsement for the general liability policy shall be at least as broad as the Insurance Services Office (“ISO” ) CG 20 38 04 13 or an equivalent, blanket endorsement or section of the policy. Endorsements must include coverage for on-going and completed operations. Endorsements shall cover the City of Goleta, its officers, agents, employees, and volunteers.

b. Cross liability and severability of intere st clauses providing that the insurance applies separately to each insured except with respect to the limits of liability.

c. Stipulation that the insurance is primary and noncontributory, as evidenced by a separate endorsement (CG 20 01 04 13 or an equivalent) or section of the policy, and that neither the City nor its insurers will be called upon to contribute to a loss. d. Such insurance shall specifically cover the contractual liability of the CONTRACTOR.

e. Any available insurance proceeds in e xcess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds.

Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the full coverage and maximum limits of any insurance proceeds available to the named insureds, whichever is greater.
f. Waiver of s ubrogation endorsement.

g. The CONTRACTOR shall furnish a certificate for the period covered.

SPECIAL NOTICE - CLAIMS MADE COVERAGE:
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GCS-16
Liability insurance coverage may not be written on a "claims made" basis. The Certificate of Insurance must clearly provide that the coverage is on an "occurrence" basis.

Comprehensive Automobile Liability for bodily injury (including death) and property damage which provides total limits of not less than One Million Dollars ($1,000,000) combined single limits per a ccident, applicable to all owned, non- owned, and hired vehicles.

Statutory Workers' Compensation and Employer' s Liability Insurance, including a waiver of subrogation endorsement and a Broad Form "All-States" Endorsement for all empl oyees engaged in services or operations under the Contract.

The employer' s liability insurance shall provide limits of not less than One Million Dollars ($1,000,000) per occurrence. Bo th the workers' compensation and employer's liability policies shall contain the Insurer's waiver of subrogation in favor of the City, its officers, agents, employees, and volunteers.

7-1.12.2 BUILDER’S RISK/COURSE OF CONSTRUCTION INSURANCE.

The Contractor shall be responsible for all loss, damage or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion.

The Contractor shall secure "All Risk" type of builder' s Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unle ss otherwise stated in Supplemental Conditions) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed.

The policy shall cover hazards including the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as ne eded), vandalism, malicious mischief, wind, collapse, aircraft, and smoke. The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowable under the Builder' s All Risk policy shall be five percent (5%) of the Contract amount.

Builder' s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or ti dal waves. Coverage in the amount of five percent (5%) of the Contract amount for such losses is required.

7-1.12.3 OTHER INSURANCE PROVISIONS.

A. The requirements of the State Standard Specifications as to types and limits of insurance coverage to be maintained by the Contractor, and any approval of insurance by the City, are not intended to , and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract, including, but not lim ited to, the provis ions concerning indemnification, nor preclude the City from taking any other action available to it under any other provision of the Contract or law.
155
GCS-17

B. The City acknowledges that some in surance requirements contained in these provisions may be fulfilled by self-ins urance on the part of the Contractor.

However, this shall not in any way limit liabilities assumed by Contractor under the Contract. Any self-insurance must be approv ed in writing by the City, in its sole discretion and shall not reduce the limits of liability. Any deductibles or self-insured retentions (“SIR”) must be declared on the certificate of in surance and approved by CITY in writing. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be sa tisfied by either the named insured or CITY. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. The failure to exercise th is right shall not constitute a waiver of such right.

C. The Contractor agrees to include in it s contracts with all subcontractors the same requirements and provisions of this Contract, including the indemnity and insurance requirements, to the ext ent they apply to the scope of the subcontractor’s work. Furthermore, the Contractor shall require its subcontractors to agree to be bound to the Contractor and the City in the same manner and to the same extent as the Contractor is bound to the City under this Contract.

Additionally, the Contractor shall obligate its subcontra ctors to comply with these same provisions with respect to any tert iary subcontractor, regardless of tier. A copy of the City’s indemnity and insur ance provisions will be furnished to the subcontractor or tertiary subcontractor upon request. Alternatively, the Contractor may insure subcontractor(s) under its own policy.

D. The City, its officers, agents, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor ; and with respect to liability arising out of work or operations performed by or on behalf of the Cont ractor including materials, parts or equipment furnished in connection with such work or operations.

Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under California Insurance Code Section 11580.04.

E. The limits of insurance required in this Contract may be satisfied by a combination of primary and excess insurance. Any e xcess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City (if agreed to in a written contract) before the City’s own insuranc e shall be called upon to protect it as a named insured.

F. THE CITY RESERVES THE R IGHT TO WITHHOLD ANY PROGRESS

PAYMENTS TO THE CONTRACTOR IN THE EVENT OF NONCOMPLIANCE WITH ANY INSURANCE REQUIREMENTS.

Additional Insurance Requirements:

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GCS-18
Contractor’s pollution liability insurance. Coverage shall provide for liability arising out of sudden, accidental, and gradual pollution, and remediation. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for remediation of the site in the event of an environmental contamination ev ent arising out of the mate rials, supplies, products, work, operations, or workmanship.

Transportation pollution liability insurance . Coverage shall be in an amount not less than $5,000,000 combined single limit per accident and shall include Pollution Liability (CA9948) and MCS-90 Endorsements. The policy shall provide coverage for transportation of pollutants/contaminants to and from the job site and the hauling of waste fr om the project site to the final disposal location, including non-owned disposal sites.

7-1.14 ACCEPTANCE OF CONTRACT.

When the Director has made the final inspection and determines that the Contract work has been completed in all respects in accordance with the Plans and specifications, the Director will recommend that the City M anager formally accept the Contract, and immediately upon and after such Acceptanc e by the City, the Contractor will be responsible for the work done for a period of one (1) year.

7-1.23 NONDISCRIMINATION.

During the performance of this Contract, C ontractor and its subcontractors shall not unlawfully discriminate against any empl oyee or applicant for employment because of race, religion, color, nati onal origin, ancestry, physical handicap, medical condition, marital status, age or sex. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applican ts for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code §12900, et seq.) and the applicable regulations promulgated thereunder (California Administrative Code of Regulations, Title 2, §7285.0 et seq.) and other applicable Stat e and Federal regulations pertaining to nondiscrimination and affirmative action which are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of t heir obligations under this claus e to labor organizations with which they have a collective bargaining or other agreement.

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the agreement."

Nondiscrimination
Under 2 CA Code of Regs § 11105:

1. During the performance of this contra ct, the recipient, co ntractor, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national orig in, ancestry, physical disability, mental disability, medical condition, genetic informat ion, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment 157
GCS-19
because of race, religious creed, color, nati onal origin, ancestry, physical disability, mental disability, medical c ondition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.

2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulat ions promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.

3. Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

Under 2 CA Code of Regs § 11122:

STANDARD CALIFO RNIA NONDISCRIMINATION CO NSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all st ate contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

1. As used in the specifications:
a. "Act" means the Fair Em ployment and Housing Act.
b. "Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;

2. Whenever the contract or or any subcontractor subcontracts a portion of the work, it shall include in each subcont ract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference.

3. The contractor shall impl ement the specific nondiscrimi nation standards provided in paragraphs 6(a) through (e) of these specifications.

4. Neither the provisions of any collect ive bargaining agreement, nor the failure by a union with whom the contractor has a co llective bargaining agreement, to refer members of any group protected by the Act shall excuse th e contractor's obligations under these specifications, Government Code section 12990, or the regulations promulgated pursuant theret o.5. In order for the nonw orking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor dur ing the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their

training, subject to the availability of employment opportunities . Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.
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5. In order for the nonworki ng training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their tr aining, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The contractor shall take specific acti ons to implement its nondiscrimination program.

The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor must be able to demonstrate fully its efforts under steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contract or's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on- site supervisory personnel are aware of and carry out the contractor's obligations to maintain such a working environment. b. Provide written notificati on within seven (7) working da ys to the director of the DFEH when the referral process of the union or unions with which the contractor has a collective bargaining agreement has impeded the contractor’s efforts to meet its obligations.
c. Disseminate the contractor’s equal em ployment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.
d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the co ntractor’s equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority pr actices, job classifications , work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the c ontractor’s obligations under these specifications are being carried out.

7. Contractors are encouraged to participate in voluntary asso ciations that assist in fulfilling their equal employm ent opportunity obligations. T he efforts of a contractor association, joint contractor-union, contra ctor-community, or other similar group of which the contractor is a member and par ticipant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the contractor actively participates in the group, makes ev ery effort to assure that the group has a positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of the pr ogram are reflected in th e contractor’s workforce participation, and can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor’s.

8. The contractor is requir ed to provide equal employment opportunity for all persons.

Consequently, the contractor may be in violation of the Fair Employment and Housing 159
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Act (Government Code section 12990 et seq.) if a particular group is employed in a substantially disparate manner.

9. The contractor shall no t use the nondiscriminat ion standards to discriminate against any person because race, religious creed, co lor, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expr ession, age, sexual orient ation, or military and veteran status.

10. The contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code section 12990.

11. The contractor shall carry out such s anctions and penalties for violation of these specifications and the nondiscrimination cl ause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its impl ementing regulations by the awarding agency. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code section 12990.

12. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to t he provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction tr ade, union affiliation if any, employee identification number when assigned, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirem ent, contractors shall not be required to maintain separate records.

7-1.24 CONTRACTOR REGISTRATION.

Registration‟ is added as follows: No contractor or subcontractor may work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. During the performance of this Contract, Contractor and its subcontract ors shall have a continuing le gal obligation to maintain current registration with the D epartment of Industrial Relati ons. Contractor is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.”

SECTION 8. PROSECUTION AND PROGRESS

8-1.03 BEGINNING OF WORK.

The Contractor shall begin work within fifteen (15) working days from the date of a “Notice to Proceed” letter, and the Contractor shall thereafter diligently prosecute the work to completion.

The Contractor shall notify the Director, in writing, of his or her intent to commence work at least seventy-two (72) hours befor e work is begun. The notice shall specify the date on which the Contra ctor intends to begin work. If a project has more than one (1) location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advanc e of issuance a “Notice to Proceed,” any work performed in advance of such issuance shall be considered to have been done at Contractor’ s own risk and as a volunteer.

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8-1.15 WASTE REDUCTION.

All procurements for Compost, Mulch, and Paper Products made on behalf of the City must comply with Goleta Municipal Code Chapter 8.10.900 “Procurement Requirements for City Departments, Direct Service Providers, and Vendors” a. All paper products and content prin ting and writing paper shall consist of at least thirty percent (30%) by fiber weight post-consumer fiber; and b. All compost and mulch products must be purchased from a processing facility that does not solely utilize chip and grind methods to produce either product; and
c. All proof of purchase records including weight tickets, receipts, invoices shall be provided to city project manager in a timely manner; and d. Contractor shall work with city project manager to submit all required procurement records to the Environmental Services Division.

All covered projects must comply with Goleta Municipal Code Chapter 8.10 Article IV “Mandatory Recycling of Construction and Demolition Waste” including but not limited to:
a. Complete and submit a Certificat ion of Implementation and submit to Director—five (5) working days before construction begins. b. Receive an approved Certificat e of Implementation from the Environmental Services Division
c. Manage and track all project materials as well as waste generated to achieve greater than or equal to sixty-five percent (65%) diversion through waste reduction, reuse, and recycling; and
d. Collect all weight tickets and ot her records associated with project materials as well as waste generated and provide records to designated city project manager in a timely manner; and
e. At least five (5) working days prio r to final inspection/project closeout, complete and submit a Post-Construction Waste Reduction & Recycling Summary Report (WRRS) to Environmental Services Manager (or designee) including the WRRS form, weight tickets, and other relevant records.

SECTION 9. MEASUREMENT AND PAYMENT

9-1.05 STOP PAYMENT NOTICES.

The City may, at its option and at any time, retain amounts due to the Contractor, sums sufficient to cover claims (including co sts and attorney' s fees), filed pursuant to California Civil Code Section 9350 et seq.

9-1.06 PARTIAL PAYMENTS.

The City, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the to tal amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provis ions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the contract, if the storage is within the State of Calif ornia and the Contractor furnishes evidence satisfactory to the Engineer that the material s are stored subject to or under the control of the Department, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by 161
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the Contractor less than five (5) working days before the preparat ion of the monthly progress estimate shall not be eligible for payment until the following month's estimate.

The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on forms properly filled out and executed, including acco mpanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the contract price for the item of work for which the material is furnished.

The Department shall retain five percent (5%) of such estimated value of the work done and five percent (5%) of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the Contract by the Contractor.

The Department shall pay m onthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting ther efrom all previous payments and all sums to be kept or retained under t he provisions of the contract. No monthly estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract.

No monthly estimate or payment shall be construed to be an acceptance of any defective work or improper materials.

Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Sections 7028.15(a) and 7031.

9-1.065 PAYMENT OF WITHHELD FUNDS.

Except as otherwise prohibit ed by law, the Contractor may elect to receive all payments due under the Contract pursuant to Section 9-1.06 of these Specifications without any retention. If the Contractor so elects, a deposit with the City of securities with a value equivalent to the re tention that would otherwise be withheld by the City shall be made. Said security shall be as provided in California Public Contract Code Section 22300 and shall be approved by the City both as to sufficiency and form. In the alternative, the Contractor may elect to deposit such securities in an escrow account and enter into a standard form Public Works Retention Release/Escrow Agreement. Blank Agreements are available from the Public Works Director and the City Attorney' s Office.

9-1.10 ARBITRATION.

Arbitration is not permitted.

9-1.11 CLAIMS FOR EXTRA COMPENSATION FOR DELAYS.

It is understood and agreed by the City and the Contractor that the Contractor will incur overhead costs for temporary facilities, superintendence, home office overhead, and similar cost items, and that the costs of such overhead for the full Contract period through the specified completion date are included in the Contractor's lump sum bid amounts included in his accepted Proposal. No add itional compensation will be made to the Contractor for claims of increased overhead costs occurring within the originally specified 162
GCS-24
construction Contract period plus any time extensions granted by Change Order. No compensation for extended performance will be granted unless the delay exceeds more than half of the float time available at the time of the delay."

9-1.12 DISPUTES
DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a proce ss utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to reso lve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

CLAIMS. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of which is disputed by the CITY. A “Claim” does not include any demand for payment for wh ich CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Cla ims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order pr ocedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in par t. Claims governed by this Section must be filed no later than fourt een (14) calendar days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and s hall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice require ments otherwise provided by co ntract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Fa ilure to follow such contractual requirements shall bar any claims or subs equent lawsuits for compensation or payment thereon.

Supporting Documentation. The CONTRACTOR shall subm it all claims in the following format:

Summary of claim merit and price, refe rence Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
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Other

If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, shall be in a ccordance with Government Code section 12650 et seq.

CITY’S RESPONSE. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) calendar days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what porti on is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within sixty (60) working days after the public entity issues its written statement.

If CITY needs approval from City Council to provide the CONTRACTOR a written statement identifying the dis puted portion and the undisputed po rtion of the claim, and the City Council does not meet within the forty-five (45) working days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three working days following the next duly publicly noticed meeting of the City Council after the forty-five (45) working-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.

Within thirty (30) working days of receip t of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR. If additional info rmation is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.

CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within thirty ( 30) working days (if the claim is less than $50,000, within fifteen (15) working days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.

MEET AND CONFER. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within fifteen (15) calendar days of receipt of CITY’s response or within fifteen (15) calendar days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within thirty (30) calendar days for settlement of the dispute.

MEDIATION. Within ten (10) working days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identif ying the portion of the claim 164
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that remains in dispute and the portion t hat is undisputed. Any payment due on an undisputed portion of the clai m shall be processed and made within sixty (60) working days after CITY issues its written statemen t. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within ten (10) working days after the disputed portion of the claim has been identifi ed in writing unless the parties agree to select a mediator at a later time.

If the Parties cannot agree upon a mediator, each Party s hall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists t he Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall e xcuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Wo rk, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.

Procedures After Mediation. If following t he mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purpo ses of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

CIVIL ACTIONS. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

Within sixty (60) calendar days, but no ea rlier than thirty (30) calendar days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Publ ic Contract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within fifteen (15) calendar days by both parti es of a disinterested third person as mediator, shall be commenced within thirty (30) calendar days of the submittal, and shall be concluded within fifteen (15) calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 165
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If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, not withstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government C ode sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite contractual requireme nts are not otherwise satisfied as specified herein, CONTRA CTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

9-1.17 PAYMENT AFTER ACCEPTANCE.

Final Payment shall be made in accordance with this section. The Contractor shall, after the completion of the Contract, submit a final estimate of the amount of work done thereunder and the value of such work. Upon appr oval of the estimate by the Director, the City of Goleta shall pay the entire su m so found to be due after deducting therefrom all previous payments and a ll amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and pay ment. The final payment shall not be due and payable until the expiration of th irty-five (35) working days from the date of Acceptance of the work by the City Manager, and thirty-five (35) calendar days after filing of the Notice of completion wih the County of Santa Bar.

No certificate given or payments made under the Cont ract, except the final certificate or final payment, shall be conc lusive evidence of the performance of the Contract, either wholly or in part, and no payment (inclu ding the final payment) or certificate shall be construed to be an Acceptance of any def ective work or improper materials. Final payment shall not release the Contractor from one (1) year guarantee of the work as provided in Section 7-1.14 ACCEPT
ANCE OF CONTRACT and Section 2-

1.12 GUARANTEE AND WARRANTY of these Specifications.

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END OF CITY OF GOLETA CONSTRUCTION SPECIFICATIONS

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SECTION VII

SPECIAL PROVISIONS

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CITY OF GOLETA

BOOK 2 OF 2

SPECIAL PROVISIONS

FOR

2025 RESIDENTIAL RESURFACING PROJECT
CITY PROJECT NUMBER: 5800-2

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TABLE OF CONTENTS
SPECIAL PROVISIONS .................................................................................................. 1 SCOPE OF SPECIAL PROVISIONS ............................................................................. 1 DIVISION I GENERAL PROVISIONS ........................................................................ 3 1 GENERAL ..................................................................................................................... 3 2 BIDDING ........................................................................................................................ 7 3 CONTRACT AWARD AND EXECUTION ............................................................... 9 4 SCOPE OF WORK ...................................................................................................... 10 5 CONTROL OF WORK .............................................................................................. 12 6 CONTROL OF MATERIALS ................................................................................... 22 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .................... 27 8 PROSECUTION AND PROGRESS .......................................................................... 33 9 PAYMENT .................................................................................................................... 51 DIVISION II GENERAL CONSTRUCTION .............................................................. 64 10 GENERAL ................................................................................................................. 64 12 TEMPORARY TRAFFIC CONTROL .................................................................... 65 13 WATER POLLUTION CONTROL ........................................................................ 73 14 ENVIRONMENTAL STEWARDSHIP .................................................................. 74 DIVISION III EARTHWORK AND LANDSCAPE .................................................. 79 15 EXISTING FACILITIES ......................................................................................... 79 20 LANDSCAPE ............................................................................................................. 79 DIVISION V SURFACINGS AND PAVEMENTS ..................................................... 82 37 BITUMINOUS SEALS ............................................................................................. 82 171

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DIVISION IX TRAFFIC CONTROL DEVICES ....................................................... 89 84 MARKINGS ............................................................................................................... 89

APPENDICES

APPENDIX A
 CONTRACTOR’S DAILY REPORT

APPENDIX B
 NOTICE OF ASSEMBLY BILL 626

APPENDIX C
 PREVAILING WAGE RATES

APPENDIX D
 SAMPLE DOOR HANGER

APPENDIX E
 TEMPORARY NO PARKING SIGN

APPENDIX F
 SCHOOL ZONE WORK HOUR RESTRICTION MAP

APPENDIX G
 WEEKLY STATEMENT OF WORKING DAYS

APPENDIX H
 CC1 – CC5 FORMS

APPENDIX I
 PORTABLE CHANGEABL E MESSAGE SIGN MAP

APPENDIX J
 BMP DEVICES

APPENDIX K
 WATER POLLUTION CONTROL PLAN

APPENDIX L
 STANDARD DRAWINGS AND DETAILS

APPENDIX M
 POST CONSTRUCTION WASTE & RECYCLING SUMMARY

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SPECIAL NOTICES
 Attention is directed to Section 9-1. 03 PAYMENT SCOPE of the State Standard Specifications: "Full compensation for work specified in Divisions I, II, and XI is included in the payment for the bid items unless:

1. Bid item for the work is shown on the Bid Item List

2. Work is specified as change order work
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SPECIAL PROVISIONS

FOR THE

CITY OF GOLETA
2025 RESIDENTIAL RESURFACING PROJECT

SCOPE OF SPECIAL PROVISIONS

The work described in these Special Provisions shall be performed in conformance with the latest editions of the 2018 State Stan dard Specifications and the mo st current Revised Standard Specification (unless otherwise indicated). Standard Special Provisions, and Plans, City of Goleta Construction Specifications, City of Goleta Design and Construction Standards, Change Orders using the 2018 State Standard Specif ications and Revised Standard Specifications, Standard Special Provisions, and Plans, except insofar as these Special Provisions may modify them.

Numbering in these Special Provisions conforms to that in the State Sta ndard Specifications. The existence of a Section in these Special Provisions means that the corresponding Section in the State Standard Specifications is modified in some respect.

The construction materials, payments, etc., for items of work shown in the proposal and on the plans, but not specifically mentioned in these Special Provisions are referred to the State Standard Specifications for conformance.

DISCREPANCIES AND OMISSIONS
Any discrepancies or omissions found in the Contract Documents shall be reported to the Engineer immediately. The Engineer will clarify discrepancies or omissions, in writing, within reasonable time.

In resolving inconsistencies among two or more Sections of the Contract Documents, precedence shall be given in the following order:

1. Change Orders

2. Addenda

3. The Agreement

4. Special Provisions upon Specifications

5. Plans shall govern in matte rs of quantity and measurement

6. Specifications govern in matters of quality

7. Profile Plans govern upon Layout Plans

8. Specific Notes shall gove rn over other/general notes

9. Larger scale drawings shall govern within smaller scale ones

10. Detail plans govern over State Standard Plans

11. Figured or numerical dimensions govern over dimens ions obtained by scaling.

12. 2018 State Standard Specific ations and Revised Standard Specifications, Standard Special Provisions, and Plans

13. City of Goleta Construction Specifications

14. County of Santa Barbara Engineering Design Standards

15. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’ specifications or industry standards are in conflict, the mo re restrictive and higher quality shall govern.
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16. Addenda shall take precedence over all Sections referenced therein. Figure dimensions on Drawings shall take precedence over general Drawings.

ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the State Standard Specifications. A main-section heading is a heading shown in the table of contents of the State Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the State Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision cl ause does not change the paragraph numbering of the State Standard Specifications for any other reference to a paragraph of the State Standard Specifications.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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DIVISION I GENERAL PROVISIONS
1 GENERAL

Add to Section 1-1.06 ABBREVIATIONS:

CA California
CFR Code of Federal Re gulations
CSMP Construction Site Monitorin g Program
CMIS Construction Mana gement Information Software
CY Cubic Yard
dBA A-weighted decibels
EA Each
EPA Environmental Protection A gency
GPS Global Positionin g System
ISA International Societ y of Arboriculture
LF Linear Foot
METS Department's Materials En gineering and Testing Services MPH Mile per hou r
MTD Santa Barbara Metropolitan District
N/A Not Applicable
NAHC Native American Herita ge Commission
NOC Notice of Completion
NTP Notice to Proceed
OSD Office of Structural Desi gn
OSHA Occupational Safet y and Health Administration
(P) Partial Payment
PCMS Portable Chan geable Message Sign
PDF Portable Document Format
PM Postmile
PMCQS Pol ymer Modified Cationic Quick Setting
PRC Public Resources Code
RSS Revised Standard Specifications
QA qualit y assurance
QC qualit y control
SB Santa Barbara
SD Shop Drawin gs
SF Square Feet
SR State Route
SY Square Yards
TBD To Be Determined
TOM Temporar y Overlay Markers
QA Qualit y Assurance
QC Qualit y Control
USFWS United States Fish & Wildlife Service
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Add or replace the various items of Section 1-1.07 DEFINITIONS:

Whenever in the State St andard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents, the following te rms are used, the intent and meaning must be interpreted as follows:

Agency: City of Goleta
Allowance: “Allowance” shall mean an amount of money set aside under the Contract for a special purpose identified and defined in the Contract Documents.

State: California Department of Transportation or City of Goleta to be interpreted by the Engineer Department: City of Goleta
Director: City of Goleta Public Works Director
District: The Public Works Department, City of Goleta
When a submittal is to be made to METS or to OSD, submit the items to the Engineer unless otherwise noted.

Engineer: The Director of Public Works, City of Goleta , acting either directly or through properly authorized agent or consultants.

Final Completion: The date when the Work is 100% co mplete, including completion and acceptance of all punch list corrections, as built submittal, operation and maintenance manuals, warranty checklist, and plant establishment, as certified by the Engineer.

References to the Bidder’s Exchange means the City of Goleta References to Notice to Bidders means Notice to Contractors References to the Department's Certification Program fo r Suppliers of Asphalt means Caltrans’ Certification Program for Suppliers of Asphalt.

References to the Department’s Construction Site Best Manage ment Practices (BMP) Manual means Caltrans’.

References to the Department’s Construction Site Monitoring Program (CSMP) Guidance Manual means Caltrans’.

References to the Department’s Dispute Resolution Advisor Candidates List refers to Caltrans’.

References to the Department’s Division of Construction Website means Caltrans’.

References to the Department’s Falsework Manual means Caltrans’ manual.

References to the Department’s Field Guide for Construction Site Dewatering means Caltrans’.

References to the Department's Field Guide to Partnering on Caltrans Construction Projects means Caltrans’.

References to the Department’s Materials Plant Quality Program means Caltrans’.

References to the Department's Partnering Facilitator Standards and Expectations means Caltrans’.
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References to the Department’s Quality Control Manual for Hot Mix Asphalt Production and Placements means Caltrans’.

References to the Department’s Soil and Rock Logging, Classification, and Presentation Manual means Caltrans’.

References to the Department’s Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Plan means the project SWPPP.

References to the Department's Traffic Operations Website means Caltrans’ website.

References to the Department's Transportation Permits Manual means the Department’s.

References to the Department’s Value Analysis Team Guide means Caltrans’.

References to Geotechnical Services website means Caltrans’ Website.

References to Geotechnical Services means the Engineer.

References to the METS Website means the Caltrans METS Website.

Replace the following glossary terms in Section 1-1.07B Glossary with:

Authorized Laboratory: Independent testing laboratory (1) not employed or compensated by any subcontractor or subcontractor’s affiliate providing other services for the Contract and (2) authorized by Caltrans.

Bid Item List: List of bid items and the associated quantities. The verified Bid Item List is the Bid Item List with verified prices. The Contract Proposal of Low Bidder is the verified Bid Item List.

After Contract award, interpret a reference to the Bid Item List as a reference to the verified Bid Item List.

California Test: Caltrans-developed test for determining wo rk quality. For California Tests, go to the METS Web site.

Department: City of Goleta
Director: City of Goleta Public Works Director
Engineer: The Director of Public Works, City of Goleta, acting either directly or through properly authorized agent or consultants.

Material Source Facility Audit: Self-audit and a Caltrans audit evaluating a facility’s capability to consistently produce materials that comply with Caltrans standards.

Plans: State Standard plans, revised standard plans, and project plans.

1. State Standard Plans: The 2018 Standard Plans of the D epartment of Transportation of the State of California.

2. Revised Standard Plans: The Revised Standard Plans of the Department of Transportation of the State of California.

3. Project Plans: Drawings specific to the project, including authorized shop drawings Schedule:

1. Baseline Schedule: Initial schedule showing the original work plan starting on the date of Contract approval. This schedule show s no completed work to date and no negative float or negative lag to any activity.
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2. Updated Schedule: Current schedule developed from the accepted baseline and any subsequent accepted update schedules through regular monthly review to incorporate actual past progress.

Specifications: State Standard Specifications, revised standard specifications, special provisions

1. State Standard Specifications: Specifications standard to Caltrans’ construction projects.

These specifications are in a book titled Standard Specifications 2018.

2. Revised Standard Specifications: New or revised standard specifications. These specifications are in a sect ion titled Revised Standard Specifications in a book titled REVISIONS TO THE STANDARD SPECIFICATIONS 2018.

3. Special Provisions: Specifications specific to the project.

Structure Design: City of Goleta Department of Public Works Add to Section 1-1.07B Glossary:

Caltrans: California Department of Tr ansportation as defined in St. & Hwy Code section 20 and authorized in St. & Hwy Code section 90; its authorized representatives.

Office Engineer: City of Goleta
Project biologist: A United States Fish & Wildlife Serv ice (USFWS)-approved biologist provided by the City

1-1.12 MISCELLANEOUS
Make checks and bonds payable to the City of Goleta.

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SP-7
2 BIDDING
Add to Section 2-1.01 GENERAL:
2-1.01 GENERAL
The bidder’s attention is directed to the provisions in Section 2 BIDDING of the State Standard Specifications for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.

Add Section 2-1.03A OBTAINING PLANS AND SPECIFICATIONS:
2-1.03A OBTAINING PLANS AND SPECIFICATIONS
All Contract Documents and the Proposal Forms for bidding this project, may be obtained at PlanetBids at http://www.planetbids.com/. The service requires that the Contractor establish a username and password in order to download and/or order plans and specifications.

Replace Reserved in Section 2-1.05 with:
2-1.05 CONFLICT OF INTERESTS
In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid Book. Signing the Bid Book shall also constitute signature of the Noncollusion Affidavit.

The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT-assist ed contracts. Failure by the C ontractor to carry out these requirements is a material breach of this contra ct, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

Replace Section 2-1.06A General with:
2-1.06A GENERAL
The requirements specified in of the State Standard Specifications shall be replaced as follows:

Bids must be submitted to the City of Goleta’s Planet Bids portal as outlined in the Notice to Contractors and shall be submitted no later than the date and time of public submittal of proposals as specified in the Notice to Contractors. Any addend a to these Special Provisions or other contract documents shall be acknowledged where indicated.
2-1.06.A(1) Questions
Questions shall be submitted in writing to http://www.planetbids.com/ no later than (5) five working days prior to the bid o pening. Questions submitted after t he above listed deadline will not be addressed and will be returned to the Contractor. The City will respond in writing to the questions (3) three working days prior to the bid opening.

Add Section 2-1.10A REQUIRED LISTING OF SUBCONTRACTORS:
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2-1.10A REQUIRED LISTING OF SUBCONTRACTORS
The bidder’s attention is directed to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized Subcontractors or by making unauthorized substitutions.

A sheet for listing the Subcontractors, as required herein, is included in the Proposal.

Add Section 2-1.34A WARRANTY BOND:

Nothing in the Contract Documents shall be construed to limit, relieve or release the Contractor’s, subcontractor’s and/or equipment supplier’s liability to the City for damages sustained as the result of latent defects in the equipment furnished or work performed. Further, nothing in the Contract Documents shall be deemed to be a wa iver by the City of any rights or remedies, or time limits in which to enforce such rights or remedies, that it may have against the Contractor, subcontractors, suppliers of the equipment and work performed under the Contract Documents.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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3 CONTRACT AWARD AND EXECUTION
The bidder's attention is directed to the provisions in Section 3 CONTRACT AWARD AND EXECUTION of the State Standard Specifications and these Special Provisions.

Add Section 3-1.01A AWARD OF CONTRACT:
3-1.01A AWARD OF CONTRACT
The award of contract, if it is to be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

The project has been set up using a Base Bid format. The City shall determine the lowest responsible, responsive bidder based on the lowest total of the Base Bi d. The City, if it chooses to award, shall award the contract to the lowest responsible, responsive bidder based on the lowest total of the Base Bid. The Contractor must submit pricing for all Base Bid items as shown in the Bid Items. No response or a response of zero on any bid items will be deemed a non-responsive bid.

The bidder's attention is directed to the provisions in Section 3 CONTRACT AWARD AND EXECUTION of the State Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of contract.

Bid protests shall be submitted as outlined in the Notice to Contractors.

The contract shall be executed by the successful bidder and shall be returned, together with the faithful performance and payment bonds, to the City so that it is received within ten (10) working days after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117.

Replace Section 3-1.18 CONTRACT EXECUTION with:
3-1.18 CONTRACT EXECUTION
Attention is directed to Book 1 “Bid Book”. The successful bidder must sign the Contract.

Deliver to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117.

1. Signed Contract

2. Faithful Performance and Payment bonds

3. Documents identified in Section V IN SURANCE & BONDS of Book 1 “Bid Book” The City must receive these documents within ten (10) working days after the bidder has received the contract for execution.

The bidder's security may be forfeited for failure to execute the contract within the time specified (Pub Cont Code §§ 10181, 10182, and 10183).
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SP-10
4 SCOPE OF WORK
Add to Section 4-1.01 GENERAL:
4-1.01 GENERAL
The project consists of placement of crack seal and slurry seal (Type II) on various residential streets in northeast Goleta The work includes but is not limited to traffic control and erosion control.

Add Section 4-1.05C SIGNIFICANT CHANGES IN THE CHARACTER OF WORK:
4-1.05C SIGNIFICANT CHANGES IN THE CHARACTER OF WORK

1. The Engineer reserves the ri ght to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the cont ract nor release the surety, and the contractor agrees to perform the work as altered.

2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such al terations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated prof it, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contra ct, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances:
 When the character of the work as alte red differs materially in kind or nature from that involved or included in the original proposed construction; or  When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

Replace Reserved in Section 4-1.06A with:

During the progress of the work, if subsur face or latent physical conditions are encountered at the site differing materially fr om those indicated in the contract or if unknown physical conditions of an unusual nat ure, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, t he party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 184

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Upon written notification, t he Engineer will invest igate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly.

The Engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted.

No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice.

The Contractor will be allowed ten (10) working days from the notification of the Engineer's determination of whether or not an adjustment of the contract is warranted, in which to file a notice of potential claim in conformance with the prov isions of Section 9-

1.12 DISPUTES of the Goleta Construction S pecifications and as specified herein; otherwise the decision of the Engineer shal l be deemed to have been accepted by the Contractor as correct. The not ice of potential claim shall set forth in what respects the Contractor's position differs from the Engineer's determination and provide any additional information obtained by the C ontractor. The notice of potential claim shall be accompanied by the Contractor's certification that the following were made in preparation of the bid: a review of the contract, a re view of the "Materials Information,", and an examination of the conditions above ground at the site. Supplementary information, obtained by the Contractor subs equent to the filing of the notice of potent ial claim, shall be submitted to the Engineer in an expeditious manner.

Replace Section 4-1.07C Value analysis Workshop with:
4-1.07C VALUE ANALYSIS WORKSHOP

Not Used

Add to Section 4-1.13 CLEANUP:

The Contractor shall remove all temporary pavement delineation.

Prior to submitting the final payment request, the Contractor shall remove all reference markings (i.e. USA markings, striping reference points, utility reference points) placed during the course of work.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefor.

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5 CONTROL OF WORK
Replace Reserved in Section 5-1.05 with:
5-1.05 ORDER OF WORK

The Contractor shall prepare a traffic control plan that conforms to Section 12 TEMPORARY TRAFFIC CONTROL of these Special Provisions.

The work shall be performed in conformance with the phases of construction shown on the Contractor's Traffic Control Plan. Non-conflicting work in subsequent phases may proceed concurrently with work in preceding phases.

Coordinate, perform, and construct improvements per the Contract Documents. Contractor shall allow utility owners access to the work and shall schedule around interference by utility owners performing concurrent work.

Contractor shall coordinate with Marborg Industries prior to construction. This coordination shall include scheduling pick-up times and providing advance notice of construction-related disruptions to the trash pick-up service for residents.

Contractor shall coordinate with adjacent property owners/tenants in order to schedule demolition/construction activities in order to minimize impacts to residents and/or business operations.

Permanent pavement delineation shall be installed no earlier than seven calendar five (5) working days and no later than 14 calendar ten (10) working days after the Slurry Seal application.

In each phase, the first order of work shall be the removal of existing pavement delineation.

Pavement delineation removal sh all be coordinated with new delineation, including temporary delineation, so that lane lines are provided at all times on traveled ways open to public traffic.

Replace Reserved in Section 5-1.07 SUPERINTENDENCE with:
5-1.07 SUPERINTENDENCE
The Contractor shall designate in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor. When the Contractor is comprised of two (2) or more persons, firms, partnerships or corporations functioning on a joint venture basis, the Contractor shall designate in writing before starting work, the name of one authorized representative who shall have the authority to represent and act for the Contractor.

The authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required. Whenever the Contractor or the Contractor's authorized representative is not present on any particular part of the work ADDENDUM 1
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where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by the Engineer, not otherwise required by the specifications to be in writing, will on request of the Contractor, be given or confirmed by the Engineer in writing.

Replace Reserved in Section 5-1.08 INSPECTION with:
5-1.08 INSPECTION
All work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer, along with all affected utility companies, two (2) working days in advance of the start of work to coordinate and schedule inspection staff.

The City will provide one (1) inspection and one (1) resident engineering cost on 8 -hour day and 40-hour week basis only excluding designated City, State, or Federal holidays.

The Contractor shall reimburse the City in the amount of $ 200.00 per hour for the actual cost of all inspection and $ 260.00 per hour for Resident Engineer cost in excess of the hours of work specified here and working hours or inspection performed during designated City, State, or Federal holidays. Designated City holidays are listed in Section 7-1.02K(5) of these Special Provisions.

The Contractor shall provide a competent person during normal working hours to assist the Engineer, when required, in checking the Contractor’s layout and for measuring quantities for payment purposes. The Contractor shall cooperate with the Engineer so that checking and measuring may be accomplished with the least interference to the Contractor’s operations.

No additional compensation will be made to the Contractor for fulfilling these requirements.

Add to the end of Section 5-1.09A General:

The City encourages the project team to exhaust the use of partnering in dispute resolution before engagement of an objective third party.

For certain disputes, a facilitated partnering session or facilitated disp ute resolution session may be appropriate and effective in clarifying issues and resolving all or part of a dispute.

To afford the project team enough time to plan and hold the session, a maximum of twenty (20) working days may be added to the Dispute Resolution Board referral time following the Engineer's response to a Supplemental Potential Claim Record.

To allow this additional referral time, the project team must document its agreement and intention in the dispute resolution plan of the partnering cha rter. The team may further document agreement of any associated criteria to be met for use of the additional referral time. If the session is not held, the DRB referral time remains in effect as specified in ADDENDUM 1
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Section 9-1.12 DISPUTES of the Goleta Construction Spe cifications and as specified herein.

Add to the end of Section 5-1.13A General:

In addition to the requirements of Section 5 -1.13 SUBCONTRACTING of the State Standard Specifications, and in accordance with the requirements of Section 4100 to 4113, inclusive, of the Government Code, each bidder shall list in his proposal the name and business address of each Subcontractor to whom the bidder proposes to subcontract all or a portion of the work. Said list shall include a description of the portion of the work which will be done by each Subcontractor. A sheet for listing the Subcontractor’s, as required, is included in the proposal.

Add to the end of Section 5-1.16 REPRESENTATIVE:

In addition to the requirements of Section 5 -1.16 REPRESENTATIVE of the State Standard Specifications, the Contractor must have a representative onsite at all times while work is in progress that has decision making authority.

Add to the end of Section 5-1.20A General:

During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract:

ADDENDUM 1
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Coincident or Adjacent Contracts
Contract no. County–Route–Post
Mile
Location Type of work
05-4611U4 05-SB-217-1.5/2.5 On Route 217 at
Hollister Avenue
Between PM 1.5
and 2.5
Interchange
Roundabouts,
Ekwill Street and
Fowler Road
Extensions
TBD N/A 2025
Arterial
Pavement
Project
N/A Various streets
within the City of
Goleta
Pavement
rehabilitation
05-1H4304 SB-101-21.4/21.9 IN SANTA

BARBARA

COUNTY IN

GOLETA FROM
ROUTE 101/217

SEPARATION TO

0.3 MILE NORTH

OF SAN JOSE

CREEK BRIDGE
Replace Structural
Concrete Bridges
05-1C3604 SB-217-0.9/1.4 On Route 217 near
Goleta From 0.2
miles East of
Goleta Slough
Bridge to 0.4 Mile
East of San Jose
Creek Bridge
Replace Bridge

Add to Section 5-1.23 SUBMITTALS:

The Contractor is required to use Construction Management Information System Software (CMIS) for all project documents and submittals, at the Contractor’s expense.

All submittals shall be electronic submittals or computer -generated files. Handwritten submittals will not be accepted.

Add to Section 5-1.23A General:

REVIEW TIMEFRAME:

1. Except as may be provided in these Special Provisions, a submittal will be returned as specified in the State Standard Specifications.

2. When a submittal cannot be returned within the specified period, Engineer will, within a reasonable time after receipt of the submittal, give notice of the date by which that submittal will be returned.

3. The Engineer’s acceptance of progress schedule containing submittal review times less than those specified or agreed to in writing by Engineer will not constitute Engineer’s acceptance of review times.

ADDENDUM 1
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4. Critical submittals:
a) Contractor will notify Engineer in writing that timely review of a submittal is critical to the progress of Work.

5. The Engineer will provide decision on request.
a) Written acceptance of request.
b) Written agreement by Engineer to reduce submittal review time will be made only for unusual situations.
c) Written rejection of request.

SUBMITTAL REVIEW COSTS:

1. The City’s cost for review of submittals for the same proposed materials, equipment or work shall be apportioned as follows:
a. The cost of review of the initial submittal and the first revised submittal will be borne by the City.
b. The cost to review all additional revised submittals after the first revised submittal will be charged to the Contractor at $2,500 per submittal. c. If a submittal is approved and the Contractor elects to submit an alternate item for review for the same application, the Contractor shall be responsible for the review costs for the alternate submittal at $2,500 per submittal.

Delete item 2 in the list in the 3rd paragraph of Section 5-1.23B(2) Shop Drawings.

Add to Section 5-1.23B(2) Shop Drawings:

Each electronic submission must:

1. Be in PDF format submitted through CMIS

2. Have a resolution of at least 300 dpi

3. Contain the following information in the subject line:

3.1. "Shop Drawing Submittal"

3.2. Contract number

3.3. Bid item number

Use the following naming convention for PDF files the Contractor submits:

For shop drawings:

SD_Contract number _Bid item number_Submittal Name
Example: SD_12-345678_123_XXX.PDF
For shop drawings:

CALC_Contract number _Bid item number_Submittal Name
Example: CALC_12-345678_123_XXX.PDF

If submittal of more than 1 copy or set of shop drawings or calculations is specified, submit only 1 electronic copy.

After submitting the Contractor’s electronic files, send a notification of the Contractor’s electronic submittal to the Engineer. Include the names of the submitted files.

ADDENDUM 1
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Upon completion of review, the City returns 1 electronic copy with the date of authorization.

Replace Reserved in Section 5-1.24 with:

CONTRACTOR’S DAILY REPORTS

The Contractor shall maintain daily job reports recording all significant activity on the project, including number of workers on site, names and job classification of employees, active construction equipment used, notable deliveries, work activities, dela ys, interruptions or any problems encountered.

The Contractor shall submit a Contractor’s Daily Report form, for approval by the Engineer, to record this information and submit this form to the Engineer no later than 9:00 AM the following morning for the previous workday. A sample of the Contractor’s Daily Report form is located within Appendix A of these Special Provisions. If this is not submitted on time, the City shall withhold $500/day from the Contractor’s progress payment until this report is turned in.

If there is no work performed on any given day, the Contractor shall note the reasons for no work and submit a daily report to the Engineer on those days also.

Failure to stay current with daily reporting will be just cause for the Owner not processing a progress payment until reports are submitted.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefore.

Replace Reserved in Section 5-1.25 with:
5-1.25 RECORD DRAWINGS
The Contractor shall maintain a neat and accurate marked set of record drawings showing the final locations and layout of roadways, piping and conduit; structures; and other facilities. Maintain record drawings electronically on CMIS and grant access to th e Engineer. Drawings shall be kept current weekly, with all work instructions and change orders, and construction adjustments. Drawings shall be subject to the inspection of the Engineer at all times and progress payments, or portions thereof, may be withh eld if drawings are not accurate and current. Pipe material shall be added to drawings, if not denoted on contract drawings. Prior to acceptance of the work, the Contractor shall deliver to the Engineer one set of neatly marked record drawings in electroni c format accurately showing the information required above.

Record drawings shall be submitted and approved by the Engineer in accordance with these Special Provisions.

ADDENDUM 1
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Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items and no additional compensation will be allowed therefore.

Replace Section 5-1.28 PROJECT SAFETY REVIEWS of the RSS with:
5-1.28 PROJECT SAFETY SUPERVISOR AND REVIEWS
Contractor’s assigned project safety supervisor must perform and document project safety reviews with the Engineer:

Safety Supervisor – The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Contractor Safety Program. The Contractor shall notify the Engineer in writing prior to the commencement of work o f the name of the person who will act as the Contractor’s safety supervisor and furnish the safety supervisor's resume to the Engineer.

Contractor will, through and with its Safety Supervisor, ensure that all of its employees and its Subcontractors of any tier, fully comply with the Contractor Safety Program. 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 Project 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 performs its work safely.

Safety and Protection – Contractor shall take all necessary precautions to prevent damage, injury, and loss to:

1. All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and

3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, wetlands, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

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 property owners of adjacent property and of underground facilities and utility districts when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and rep lacement 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 ADDENDUM 1
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SP-19

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.

Your assigned project safety supervisor must perform and document project safety reviews with the Engineer:

1. At least 3 business days before the start of job site activities

2. Every other week after the start of job site activities and after any incident that results in serious injury, illness, or fatality to your personnel, subcontractor’s and supplier’s personnel, and any other persons present at the job site at the request of you or your subcontractors

3. Submit project safety review documentation to the Engineer and correct deficiencies within three (3) working days from the day the project safety review is completed or sooner as directed by the Engineer Upon Contract acceptance, your project safety supervisor must participate in a safety meeting with the Engineer.

Replace Section 5-1.29 JOB HAZARD ANALYSIS of the RSS with:
5-1.29 JOB HAZARD ANALYSIS
Contractor Safety Program – The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7 and CA Code of Regs § 3203(a)(4) and 1511(b). Before beginning the Work, the Contractor shall file with the Engineer a written Contractor Safety Program that provides for the implementation of all of the Contractor’s safety responsibilities and a job hazard analysis in connection with the Work at the Project 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 Contractors performing work at the Project site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety programs, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other Contractors and Subcontractors p erforming the Work at the Project site. The Contractor Safety Program should contain all the necessary elements for the Contractor to administer its program on the Project site. At a minimum, this written Contractor Safety Program shall address the elements required by Labor Code Section 6401.7 and CA Code of Regs § 3203(a)(4).

Submit each job hazard analysis as an informational submittal. Each job hazard analysis must identify the following:

1. Work activity description

2. Existing and predictable hazards associated with the work activity

3. Hazard control measures, preventative, or corrective actions to be taken for the work activity
Submit each job hazard analysis at least five (5) working days before the start of a work activity. During the project safety reviews required under Section 5 -1.28 PROJECT SAFETY SUPERVISOR AND REVIEWS of these Special Provisions, discuss job hazard ADDENDUM 1
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analyses for active work activities and work activities planned to start within five (5) working days.

Submit a revised job hazard analysis when equipment or methods change results in a change to the hazards previously identified. Submit a revised job hazard analysis within one working day of the identified change.

Add to Section 5-1.32 AREAS FOR USE:

Personal vehicles of the Contractor’s employees must not be parked on the traveled way or shoulders, including sections closed to traffic.

Add to Section 5-1.36 PROPERTY AND FACILITY PRESERVATION:

The Contractor assumes full responsibility for the protection, security, and maintenance of the job site, including but not limited to materials, equipment, and existing facilities, from the time of Notice to Proceed (NTP) until Final Acceptance. Any loss, theft, or damage to materials, equipment, or the work itself s hall be the contractor's sole responsibility and must be repaired or replaced at their expense.

Contractor shall protect existing pavement, striping, manholes, utilities, sidewalks, curbs, gutter, curb ramps, valley gutters, and driveways at all equipment crossings. The Contractor shall provide materials to shore and brace excavation areas in order to prevent existing structures, private properties and permanent improvements from failure or damage during construction. If requested, provide shoring design calculations and details for review by the Engineer. Damage to existing structu res, private properties, and permanent improvements due to construction work conducted by the Contractor shall be restored to existing or better condition with no additional cost to the City.

Add to the list in Section 5-1.36A General:

12. Existing hardscape

13. Retaining walls

14. Trees, shrubs, other plants

15. Irrigation facilities

Replace Reserved in Section 5-1.36C(2) with:

The Contractor is responsible for the care and protection of all materials and equipment until the completion and final acceptance of the work.

The Contractor shall provide protection to the project site against trespass, vandalism, or theft during the Maintenance Period. Any damage caused by the lack of adequate site protection shall be repaired or replaced at no additional cost to the City.

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Replace Section 5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION with:
5-1.43 POTENTIAL CLAIMS AND DISPUTE RESOLUTION
City shall follow the dispute resolution process per Section 9 -1.12 DISPUTES of the Goleta Construction Specifications and as specified herein. A Notice Regarding Assembly Bill 626 is located within Appendix B of these Special Provisions.

Replace the 2nd paragraph of Section 5-1.46 FINAL INSPECTION AND CONTRACT ACCEPTANCE with:

Immediately following the date the Engineer reports to the City Manager as work completed, the Contractor is relieved from:

Add to the end of Section 5-1.46 FINAL INSPECTION AND CONTRACT ACCEPTANCE:

A list of the remaining items (a punch list) will be prepared by the Engineer and given to the Contractor.

All punch list items shall be completed during the contract period. Failure to do so will not be considered an occasion of unavoidable delay. When all items have been completed to the satisfaction of the Engineer, the project will be submitted to the City Manager, who may accept the completed work.

The Contractor shall be responsible for restoring the proposed staging areas, the temporary access road, and any other areas temporarily impacted during construction evaluation to the work prior to the start of work. The project will not be accepted by the City until these areas are restored in kind to the satisfaction of the permits and acceptance of the Engineer. Before any work has begun, Contractor shall review the staging areas and access road with the Engineer to document their existing conditions.

Any paved areas shall be replaced with a structural section equal to or greater than the adjacent paved structural sections.

Any vegetated areas shall be replaced to its existing condition using planting similar to the adjacent undisturbed planting or as directed by the Engineer.

The costs for restoring of staging areas and access roads shall be included in the various items of work associated with this project and no separate payment will be made.

Add to Section 5-1.47 GUARANTEE:

The Contractor hereby agrees to make, at its sole expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of the Contract Documents, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of the Project as evidenced by the Notice of Completion recorded by the City. Unless otherwise provided in Contract Documents, the one (1) year warranty period is the shortest duration and such duration may be a longer period of time as may be prescribed by law or by the terms of ADDENDUM 1
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any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. The Contractor also agrees to indemnify, defend, and hold the City harmless from liability of any kind arising from damage due to said defects. T he Contractor shall repair failed areas in full, from lane line to lane line. All work done on failed areas shall be done in accordance with these Special Provisions and as directed by the Engineer.

The Contractor shall, upon the receipt of notice in writing from the City, promptly make all repairs arising out of defective materials, workmanship, or equipment. The City is hereby authorized to make such repairs, and the Contractor and its surety shall be liable for the cost thereof, if fifteen (15) working days after the City giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence.

In case of emergency, where in the opinion of the City delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and/or its surety shall be liable for the cost thereof.

Prior to the expiration of the warranty period, the City reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds an d maintenance requirements and determine required repair or replacement of defective items. For the purpose of this paragraph, acceptance of the Work or a portion of the Work by the City, shall not extinguish any covenant or agreement on the part of the Co ntractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled.

Nothing in the Contract Documents shall be construed to limit, relieve or release the Contractor’s, subcontractor’s and/or equipment supplier’s liability to the City for damages sustained as the result of latent defects in the equipment furnished or work perform ed.

Further, nothing in the Contract Documents shall be deemed to be a waiver by the City of any rights or remedies, or time limits in which to enforce such rights or remedies, that it may have against the Contractor, subcontractors, suppliers of the equipment and work performed under the Contract Documents.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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6 CONTROL OF MATERIALS
Add to the end of Section 6-1.01 GENERAL:

Material testing for this project will be provided by the Contractor as set forth in Section 6 CONTROL OF MATERIALS of the State Standard Specifications and the most current City of Goleta’s Quality Assurance Program. The Contractor shall perform all testi ng to verify compliance with the Specifications of any and all materials furnished by the Contractor. The Contractor shall submit and receive the Engineer’s approval of all compliance test r esults prior to incorporating materials into the project. The Contractor may elect to place material without the approved certificates of compliance and mix designs and shall be at the Contractor’s own risk. The Contractor shall notify the Engineer in wri ting to get the approval of placement, and $10,000.00 will be withheld from the Contractor’s progress payment for each certificate of compliances and mix designs until the certificate of compliances and mix designs are submitted approved.

Samples, certificates of compliance, lists of materials and material sources, access to facilities, requests for testing and all other data relating to material testing shall conform to Section 6 CONTROL OF MATERIALS of the State Standard Specifications. Contractor shall provide the Engineer with five (5) working days’ notice of the need for material testing.

Unless otherwise authorized by the Engineer, the substantiation of offers of equivalency must be submitted at the pre-construction meeting.

In the event Contractor furnishes any “or equal” material more expensive than that specified in the bid form, the difference in cost of such material so furnished will be borne by Contractor under Public Contract Code Section 3400.

Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item.

Deviations discovered by the Engineer after acceptance of an "or equal" item which were not identified by the Contractor with the submittal shall be cause for rejection of the "or equal" item. Contractor shall be due no additional compensation in time or money for either acceptance or rejection of a proposed "or equal" item and subsequent replacement with the item specified. Contractor shall pay cost to City for analysis of any submittals which requires more than a general review of an "or equal" item. Changes that result from the Contractor’s use of “or equal” items shall be the sole responsibility of the Contractor and he shall bear all time and cost impacts to the project. “Or equal” products may be accepted by the Engineer upon submittal of the following information:

1. Product Date Design Criteria

2. Physical Properties Limitations of Process

3. Material Specifications List of Previous Projects

4. Installation Specifications Size of Completed Projects

5. Testing Methods List of Current Projects

6. Third Party Test Data
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7. Size of Current Projects

8. References (All references must include current names and telephone numbers)

9. List of all deviations from the specifications or referenced product or materials Additional testing may be required, and all costs for testing shall be borne by the Contractor.

Add to the end of Section 6-2.02A General:

Provide a descriptive outline of the Contractor’s planned quality control program for this Project. This program would integrate and compliment the testing and inspection requirements found in the Contract Documents. Also describe how quality control would be managed, and by appendix, the resume of the Contractor’s proposed QC Manager for this Project. The QC Manager can be the same person as the full-time Project Manager

1. Quality Control: All those planned and specified actions or operations necessary to produce a product or service that will meet requirements for quality as specified. Quality Control is the responsibility of the Contractor. The Contractor will monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality.

2. Quality Assurance: Those planned and systematic operations conducted to ensure that the operations and/or products incorporated into the project meet the project specifications. Quality Assurance encompasses oversight of the Contractor’s Quality Control; verifying the results of Contractor testing; review of sampler, tester and laboratory qualifications; independent assurance sampling and testing, and inspection for conformance with the plans and specifications. Quality Assurance is the responsibility of the Contractor and Engineer.

3. Specific quality control requirements for the Work are indicated throughout the Contract Documents. The requirements of this Section are primarily related to performance of the Work beyond furnishing of manufactured products. The term "Quality Control" includes inspection, sampling and testing, and associated requirements.

Quality Control Program:

1. Contractor shall develop a detailed written Quality Control (QC) Program for all Work required in the Contract Documents. The Contractor must submit for the Engineer’s acceptance the Contractor’s Quality Control Program (QC Program) for the entire Project before beginning any of the Work other than mobilization tasks to install temporary facilities. Except for mobilization, no other work will begin until the Engineer has accepted the Contractor’s overall QC Program for the project. This QC Program must meet the objectives and requirements as defined herein. The QC Program must be specific to this Project and the Contract Documents.

2. In addition, the Contractor must submit for the Engineer’s acceptance the Contractor’s individual QC Plans before starting each area or division of the ADDENDUM 1
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Work and/or new specialty trade to complete any portion of the Work. Work will be permitted to start only after the Engineer reviews and accepts Contractor's individual QC Plan. The individual QC Plans must identify all QC personnel, procedures, inspections, laboratories, testing equipment calibrations and certifications, tests, inspection/test hold points, instructions, sampling and testing records organized by date and type of material, reports, records, schedules, etc. specific for each area or division of the Work and/or new specialty trade to complete any portion of the Work.

3. Contractor shall appoint a full time QC Officer who will have the sole responsibility for the full-time oversight, implementation, and monitoring of the QC Program on this one project. Contractor shall maintain a log of required testing indicating the tests or sampling and test method required, location, frequency and responsibility.

4. Contractor shall provide written procedures defining methods of construction, control measures, and the performance of inspections and testing for the different types of Work.

5. Procedures shall detail “Hold Points,” where Work shall not proceed until the required Quality Control functions are performed and documentation shows the Work meets the requirements of the Contract.

6. Procedures shall detail problem resolution steps and corrective actions in the event the Work does not meet the Contract Specifications.

7. Procedures shall be provided for all major activities of Work.

8. Contractor shall maintain evidence of activities affecting quality, including operating logs, records of inspections and tests, audit reports, material analyses, personnel qualification and certification records, procedures, and document review records.

9. Quality records shall be maintained in a manner that provides for timely retrieval, and traceability. Quality records shall be protected from deterioration, damage, or destruction.

10. Within 24 hours, notify the Engineer of any noncompliance identified by your QC program. The Contractor shall provide the City access to all QC records.

11. Submit QC test data and QC test results within two (2) working days of test completion.

Sampling and Testing

1. Certified Test Reports:
a. When transcripts or certified test reports are required by the Contract Documents, Contractor shall, before delivery of Materials or Equipment 1) Perform all testing in an approved independent laboratory or the manufacturer’s laboratory.
2) Submit for approval reports of shop tests within 30 days of testing.

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3) Certificates shall be submitted in the form of a letter stating 1 or more of the following:
a) Manufacturer has performed all required tests.
b) Materials to be supplied meet all test requirements. c) Tests were performed not more than 1 year prior to
submittal of the certificate.
d) Materials and Equipment subjected to the tests are of the same quality, manufacture, and make as those specified. e) Identification of the materials.

2. Manufacturer’s Certificates:
a. All Equipment shall be installed under either the continuous or periodic supervision of the manufacturer’s authorized representative. b. Manufacturer shall certify that Equipment Perform all testing in an approved independent laboratory or the manufacturer’s laboratory. 1) Has been adjusted and initially operated in the presence of the manufacturer’s authorized representative
2) Operates in accordance with the specified requirements to the manufacturer’s satisfaction.

Inspection and Testing Service

1. Unless otherwise indicated, all products, materials, and equipment shall be subject to inspection by the Engineer at the place of manufacture as specified in this bid document.

2. The City or an independent firm retained by the City will perform inspections, testing, and other services as required by the Engineer. a. The Contractor shall cooperate with the Engineer or independent firm and furnish samples of materials, design mix, equipment, tools, storage, and assistance as requested.
b. The Contractor shall notify Engineer three (3) working days prior to the expected time for operations requiring inspection and laboratory testing services.
c. Retesting required because of non-conformance to requirements shall be performed by the same independent firm on instructions by the Engineer. The Contractor shall be responsible for all costs including administrative, material testing, design and, engineering activities directly related to such retesting.

Installation

1. Inspection: The Contractor shall inspect materials or equipment upon the arrival on the job site and immediately prior to installation and reject damaged and defective items.

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2. Measurements: The Contractor shall verify measurements and dimensions of the Work, as an integral step of starting each installation.

3. Manufacturer's Instructions: Where installations include manufactured products, the Contractor shall comply with manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements indicated in Contract Documents.
a. When manufacturers' instructions conflict with Contract Documents, request clarification from Engineer before proceeding.

Full compensation for conforming to all requirements specified in Section 6 CONTROL OF MATERIALS of these Special Provisions shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.02I(2):

In Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990)
The Contractor’s attention is called to the "Nondiscrimination Clause", set forth in Section 71.01A(4), "Labor Nondiscrimination," of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.

Add Section 7-1.02I(3):
7-1.02I(3) Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin.

Replace the 1st item in the list of the 2nd paragraph of Section 7-1.02K(2) Wages with:

1. In Appendix C.

Add to Section 7-1.02K(2) Wages:

The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.

The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available in Appendix C.

Changes, if any, to the general prevailing wage rates will be available at the same location.

Payment of prevailing wage must be documented through submission of certified payroll records for the prime Contractor and lower tier Subcontractors. Redacted certified payroll records will be submitted and reviewed through CMIS.

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Add to Section 7-1.02K(5) Working Hours:
7-1.02K(5) Working Hours
When school is in session, regular working hours may be altered by the Engineer to coincide with the school hours of operations. Working hours are Monday through Friday, 8:00 AM-6:00 PM.

If the Engineer approves overtime work, the City shall make deductions in the contractor progress payment. The Contractor shall reimburse the City as outlined in Section 5-1.08 INSPECTION of these Special Provisions for the actual cost of all inspection cost for work requested outside of the contract working hours, Saturday and Sunday work, or inspection performed during designated City, State, or Federal holidays.

Requests for authorization to perform work outside the hours listed above shall be made in writing to the Engineer at least seventy-two (72) hours in advance.

Designated City holidays are: New Year’s Day (January 1st), Martin Luther King Day (third Monday in January), President’s Day (third Monday in February), Memorial Day (last Monday in May), Juneteenth (June 19th) Independence Day (July 4th), Labor Day (first Monday in September), , Veteran’s Day (November 11th), Thanksgiving Day (fourth Thursday in Nov ember), day after Thanksgiving Day (fourth Friday in November), Christmas Eve (December 24th), Christmas Day (December 25th), and New Year’s (Eve December 31). When a designated holiday falls on a Saturday or Sunday, the preceding Friday or following Monday (respectfully) shall be a designated holiday.

Add to the end of Section 7-1.03 PUBLIC CONVENIENCE:

Contractor shall notify the affected residents and businesses five (5) calendar five (5) working days in advance of the start of work. Notification shall be done by using “door knob” type notices which shall include a description of the impending work, the date and time when traffic will be restricted, a date and time when parking will not be allowed along the street scheduled for renovation and forty -eight (48) hour window of “no landscape irrigation” prior to work. Contractor's representative name and phone number, City representative name and phone number, along with any other information requested by Engineer. A sample of the required notification is lo cated within Appendix D of these Special Provisions.

Ten (10) calendar Ten (10) working days prior to beginning construction, Contractor shall assist in notifying local schools, hospitals, ambulance services, police and fire departments, transit agencies, refuse collectors and Underground Service Alert (USA) of its schedule of work.

Such notices must be prepared and printed by Contractor, reviewed & approved by Engineer, and must be served by Contractor's representative in person to each residence and busin ess. Failure of Contractor to properly serve such notices will be cause for suspension of work until compliance with this requirement is achieved. No extension of time will be allowed to Contractor for lost time due to his failure to distribute such notices in a timely manner or from suspension of work due to non -compliance. Contractor must ADDENDUM 1
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document delivery of notices by providing an e-mailed list of locations where notices were delivered including the date and time of completion, by the end of the day of delivery.

Contractor must also e -mail a minimum of five clear photos (2 -megapixel) show ing completion of the delivery and parking restriction signs for each street notified. Contractor must send e-mail to an e-mail address as directed by Engineer.

If for any reason the work is delayed or rescheduled after the required notifications have been issued, the Contractor shall re -date the signs affected, notify residents and businesses of the change via a new “door knob” notice, and re-contact the local services and agencies. If the work is delayed more than five (5) calendar five (5) working days, the Contractor shall remove the signs and place re -dated signs two working days (four calendar five (5) working days prior to work beginning on a Monday or Tuesday) in advance of the work. Contractor is responsible for and must deliver public notification for all phases of the work. Contractor must submit for approval all notices for content and delivery schedule two weeks prior to actual delivery. Failure to perform work on a scheduled street shall result in $300 per street per occurrence withheld from Contractor’s progress payment.

Contractor shall furnish and place “No Parking” signs, 12 inches by 18 inches minimum size and approved by the Engineer, throughout the area of work at fifty-foot intervals two (2) working days 72 hours (four (4) calendar three (3) working days prior to work beginning on a Monday or Tuesday) prior to the start of construction. In rural areas, the signs shall be placed at intervals not to exceed 400 feet. The signs shall include the date and time during which parking is prohibited. A sample of the temporary “No Parking” signs is located within Appendix E of these Special Provisions. Failure to place “No Parking” signs shall result in $300 per street per occurrence withheld from Contractor’s progress payment The Contractor shall remove these signs immediately when they are no longer needed. The signs shall post the city ordinance referencing towing of vehicles illegally parked.

Replace the 3rd sentence in the 7th paragraph of Section 7-1.04 PUBLIC SAFETY with:

When not described and if ordered, providing flaggers is change order work.

Replace the 13th paragraph of Section 7-1.04 PUBLIC SAFETY with:

Equipment must enter and leave the highway via existing ramps and crossovers and must move in the direction of traffic. All movements of workers and construction equipment on or across lanes open to traffic must be performed in a manner that do not endanger the public. The Contractor’s vehicles or other mobile equipment leaving an open traffic lane to enter the construction area must slow down gradually in advance of the location of the turnoff to give the traffic following an opportunity to slow down. When leaving a work area and entering a roadway carrying traffic, the Contractor’s vehicles and equipment must yield to traffic. Compe nsation for flaggers, used for all movement of workers and construction vehicles and equipment on or across lanes open to traffic, is included in the bid items of work involved.

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Add to the end of Section 7-1.04 PUBLIC SAFETY:

Contractor shall cooperate with and notify the local police and fire departments, school districts, Refuse, ambulance services, and Public Works Street Division of proposed construction operations two (2) working days before work is to begin.

The Contractor shall be responsible to notify and coordinate their schedule with schools that may be in or adjacent to the projects area.

All work must be coordinated with the Traffic Control Plan, Project Schedule, Cont ract Period, Submittals and other requirements of these Contract Documents.

Contractor must maintain a minimum of one lane, not less than 12 feet wide, in each direction of travel at all times.

All movements at intersections must be maintained.

No lanes may be closed outside of working hours.

To allow for adequate intersection inspection of the work by City and minimize impacts on surrounding neighborhoods the following contract items shall have the hours of work restricted as follows:

1. Various items of concrete construction: No concrete shall be delivered prior to 8:00 a.m. and all concrete shall be placed prior to 3:00 p.m.

2. Early morning activities: No heavy construction activities or motorized or electric equipment shall be used prior to 8:00 a.m.

3. Certain streets near schools require work hour restrictions: The streets shown in Appendix F “School Zone Work Hour Restriction Map” and their associated schools are listed below. Contractor shall coordinate work in school zones by notifying schools and Engineer two weeks in advance of construction and not performing work during the restricted ho urs.

Contractor shall not perform any work on the streets identified in the “School Zone Work Hour Restriction Map” before 8:30 a.m. and from 2:30 p.m. to 3:30 p.m.

4. Contractor may request exceptions by submitting a traffic control plan to Engineer for approval that shows that school pedestrians, bicycles, and vehicular traffic will not be adversely affected by the work. Requested exception does not guarantee excepted work will be allowed.

i. Elementary Schools:
• Brandon School - 195 Brandon Drive; (805) 571-3770
• Ellwood - 7686 Hollister Avenue; (805) 571-3774
• Kellogg - 475 North Cambridge Drive; (805) 681-1277
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• La Patera - 555 North La Patera Lane; (805) 681-1280
• Santa Barbara Charter School – 6100 Stow Canyon Road:
(805) 967-6522

ii. Middle School
• Goleta Valley - 6100 Stow Canyon Road; (805) 967-3486

iii. High School
• Dos Pueblos - 7266 Alameda Avenue; (805) 968-2541

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

Replace Reserved in Section 7-1.10 with:
7-1.10 PERMITS AND LICENSES
The Contractor shall obtain a business license from the City of Goleta prior to performing the work.

The Contractor may use water from Goleta Water District fire hydrants provided that the required permits are obtained and the Contractor has paid the associated fees.

Full compensation for conforming to all requirements specified in this section shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed therefor.

Add Section 7-1.12 COOPERATION:
7-1.12 COOPERATION
The Contractor shall cooperate with other forces constructing, relocating, and/or modifying facilities within the project limits. The Contractor shall coordinate his work with that of others, including utility companies, to prevent delays.

It is understood and agreed that the Contractor has considered in their bid all of the permanent and temporary utility appurtenances in their present and/or relocated positions as shown on the plans or as described in the specifications, and that no additional compensation will be allowed for any delays, inconvenience, or damages sustained due to any interference from said appurtenances or the operation of moving them. In addition, the Contractor shall not be allowed any additional compensation for delays of inconvenience sustained by the Contractor due to the City not having City-supplied equipment ready for pick-up. In such a case, the City may increase the number of working days for the contract.

Five (5) working days prior to beginning work, the Contractor shall provide to the Engineer, in writing, the name and telephone number of a representative who is directly involved with this project, and under the supervision of the Contractor. The Contractor’s representative may be contacted by City staff during non-working hours including nights, weekends and ADDENDUM 1
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holidays in the case of any public inconvenience and/or emergency relating to the Contractor’s operations. The Contractor must address the public inconvenience and/or emergency within two (2) hours of notifications. Failure to address the public inconvenience and/or emergency within two (2) hours shall result in the amount of $500 per hour for each hour thereof withheld from Contractor’s progress payment. The contact representative shall not be replaced by another company employee for the duration of the p roject without a written explanation from the Contractor which has been approved by the Engineer. Should a new representative be used, they shall be knowledgeable of the project, the events, and/or revisions that may be occurring.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

Add Section 7-1.13 RIGHTS IN LAND AND IMPROVEMENTS:
7-1.13 RIGHTS IN LAND AND IMPROVEMENTS
The Contractor is responsible for making arrangements to stockpile and store equipment outside the public right of way as work is performed. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, private property, including any Section closed to public traffic.

The Contractor shall secure easements at their own expense for any areas required for plant sites, storage of equipment or materials, or for any other purposes. Before occupying any easement area, the Contractor shall provide the Engineer a written statement from each property owner verifying easement acquisition.

Staging areas located on private property shall be restricted to properties where the property owner has given written authorization to the Contractor for use of said property.

The Contractor shall submit, at the Pre-Construction meeting, documentation of the written authorization from the property owner(s). Prior to final acceptance of the project, the Contractor shall provide the Engineer a written statement of release from each property owner that granted an easement for the Contractor’s operations.

If the Contractor elects to use City Right-of-Way for staging areas, a written request must be submitted to the Engineer, and written authorization must be obtained prior to use. The City reserves the right to charge the Contractor for the use of City Right-of-Way for stockpiling materials and storing equipment. Unauthorized use of City Right-of-Way by the Contractor without prior written approval will result in a fine of $1,000 per occurrence, which will be deducted from the Contractor's progress payments.

Full compensation for conforming to all requirements specified in this Section shall be considered as included in the contract price paid for various items of work and no additional compensation will be allowed.

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8 PROSECUTION AND PROGRESS
Add the following to Section 8-1.01 GENERAL:

Weekly meetings will be held at the job site to discuss interfacing work, scheduling, issues, and other issues related to the project. The meeting will have duration of approximately one hour. The meeting shall be held on the same working day of each week and at the same time of the day as mutually agre ed to by Engineer and the Contractor. If not previously submitted, submit the following to the Engineer at the beginning of the meeting:

1. Daily workforce and equipment utilization and certified payroll for the preceding week; and

2. Projected daily work for the next three (3) weeks, in writing using computer software programs; no handwritten schedule will be accepted.

The meeting must include, at a minimum:

1. The Engineer;

2. Inspectors;

3. Utility Representatives

4. Contractor Foreman; and

5. The Contractors Responsible Scheduling Person.

In addition to daily reports required to substantiate the costs of claims and changes performed as force account work and for Disputed Work pursuant to Section 5 -1.24 CONTRACTOR’S DAILY REPORTS of these Special Provisions , the Contractor must complete a daily report indicating locations worked, start/finish and milestone dates, total workforce per construction trade for each task, major equipment on site, Contractor’s workforce and equipment, each Subcontractor ’s workforce and equipment, , materials delivered, weather conditions, safety (meetings, inspections, accidents, OSHA citations, actions taken) quality (meetings, inspections, tests), visitors, problems encountered, shortages, delays to planned progress, and any other related information involved in the performance of the work. The daily report must be completed on forms furnished to the Contractor, and submitted as described in Section 5 -1.24 CONTRACTOR’S DAILY REPORTS of these Special Provisions. The report must comment on the daily progress and status of the work within each major component of the work.

No progress payments will be made prior to submission and acceptance of the Schedule by the Engineer.

Add the following to Section 8-1.02A GENERAL:

The Contractor shall submit a progress schedule to the Engineer five(5) working days prior to preconstruction conference. The progress schedule shall state the street name, the anticipated start and completion dates and the type of construction operation anticipated for each street, and an alternate date in the event the Contractor does not meet their schedule. Work that exceeds the stated completion date shall be understood as being out of conformance with the progress schedule and these Special Provisions.

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Strict conformance to the progress schedule shall be maintained and should the Contractor not meet their schedule liquidated damages shall apply as outlined in these Special Provisions, the only acceptable delay is due to weather. The Contractor shall submit a revised progress schedule within 5 working days of the Engineers written request.

Scheduling of change orders or extra work orders is the responsibility of the Contractor.

The Contractor shall revise the schedule to incorporate all activities involved in completing the change orders or extra work order and submit it to the Engineer for review and approval. With the concurrence of the Engineer, change or extra work orders of a magnitude less than $500 do not need to be scheduled, unless the order affects the project schedule or other outside parties.

If the Engineer finds the Contractor is entitled to an extension of any completion date under the provisions of the contract the Engineer's determination of the total number of days extension will be based u pon the current analysis of the schedule and upon data relevant to the extension.

Replace Section 8-1.02C(10) Payment of the RSS with:
8-1.02C(10) Payment
Full compensation for conforming to all requirements specified in this Section, “CPM,” shall be considered as included in the contract price paid for other items of work and no additional compensation will be allowed.

Add to the end of Section 8-1.03 PRECONSTRUCTION CONFERENCE:

Prior to the start of construction, a preconstruction conference will be called by the Engineer for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be tested, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. The Contractor's representative at this conference shall include all major superintendents for the work and may include major Subcontractors and material suppliers.

Submit the following items to the Engineer for review at least five (5) working days prior to the preconstruction conference. Issuance of a NTP is dependent on the timelines and the proper level of detail of these submittals. Submittals shall include, but are not limited to:

1. Key Personnel, Telephone Numbers and Emergency Telephone Numbers

2. Project Construction Schedule per specifications

3. Public Notices (i.e. Notifications and Door Hangers)

4. Storage Site Locations

5. Traffic Control Plan / Detour Plans

6. Parking Restriction Signs

7. Noise mitigation measures

8. Dust Control measures
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9. Waste Disposal Plan

10. Copies of pertinent permits, licenses, certifications or required approvals, per specifications

11. Required Inspections

12. Finalized Water Pollution Control Plan

13. Contractor Safety Program

14. Contractor’s Quality Control Program

Replace Reserved in Section 8-1.04A with:
8-1.04A GENERAL
Attention is directed to the provisions in in Section 8-1.05 TIME and Section 8-1.10 LIQUIDATED DAMAGES of the State Standard Specifications and these Special Provisions. In addition to Section 8 PROSECUTION AND PROGRESS of the State Standard Specifications, the following shall apply:

All work shall be completed within 40 working days from the date of the Notice to Proceed.

All punch list items shall be completed within the specified contract working days. The project will not be accepted until all punch list items are completed.

The Contractor shall pay the City a sum per day as outlined in Section 8-1.10 LIQUIDATED DAMAGES of these Special Provisions, for each and every working days’ delay in finishing the work in excess of the number of working days prescribed above.

The Contractor shall be responsible to coordinate utilities relocations within the project area. Coordination of utilities within the project limits, including relocations and maintenance of existing facilities and additions thereto, shall be confirmed in writing by utility representatives and the Contractor at this conference or within five (5) working days thereafter.

NOTICE TO PROCEED
The Contractor shall begin work within eleven (11) working days from the date of a "Notice to Proceed" letter, and the Contractor shall thereafter diligently prosecute the work to completion.

The Contractor shall notify the Director, in writing, of his or her intent to commence work at least seventy-two (72) hours before work is to begin. The notice shall specify the date on which the Contractor intends to begin work. If a project has more than one (1) location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of issuance a "Notice to Proceed," any work performed in advance of such issuance shall be considered to have been done at Contractor's own risk and as a volunteer.

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Notwithstanding any other provision of the contract, City shall not be obligated to accept or to pay for any work furnished by the Contractor prior to delivery of notice to proceed whether or not the City has knowledge of the furnishing of such work.

Submit no less than ten (10) days in advance of the commencement of the proposed work:

1. Specific date, hours and location of work;

2. Complete description of work to be done;

3. Number and type of equipment to be used;

4. Noise mitigation measures to be employed;

5. Distance of the nearest resident to the work;

6. Job Hazard Analysis

7. Inspection required.

Replace Section 8-1.04B Standard Start with:
8-1.04B START OF JOB SITE ACTIVITIES
Contractor shall not begin any job site activities until the Notice to Proceed is issued.

Notify the Engineer seventy-two (72) hours in advance of commencing job site activities.

Add to Section 8-1.05 TIME:

Contractor shall diligently prosecute the work to completion in accordance with the following schedule.

All work shall be completed within working days outlined in Section 8 -1.04A GENERAL of these Special Provisions.

A punch list will be created after all bid items have been completed by the Contractor and it shall be the Contractor’s responsibility to notify the Engineer in writing that all bid items have been completed. All punch list items shall be completed within the specified contract working days. The project will not be accepted until all punch list items has been completed.

A sample of the weekly statement of working days is in Appendix G. You must use the most recent Caltrans weekly statement of working days which can be downloaded at https://dot.ca.gov/programs/construction/contract-time.

Add to the end of Section 8-1.06 SUSPENSIONS:

Responsibilities of Contractor During Suspension Periods During periods that Work is suspended, Contractor shall continue to be responsible for the Work and shall prevent damage or injury to the project, provide for drainage, and shall erect necessary temporary structures, signs, or other facilities required to maintain ADDENDUM 1
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the project and public safety and continue to perform in accordance with the safety requirements of the Contract Documents.

Add Section 8-1.06A SUSPENSIONS OF WORK ORDERED BY THE ENGINEER:
8-1.06A SUSPENSIONS OF WORK ORDERED BY THE ENGINEER

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within five (5) working days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the Engineer will evaluate the Contractor's request. If the Engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly.

The Contractor wi ll be notified of the Engineer's determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract.

Add to the end of Section 8-1.07B Time Adjustments:

If the Engineer grants an adjustment in time for avoidable delay, the City shall have the right and authority to make deductions in payments due or to become due to the Contractor as the City may deem just and reasonable for engineering, inspection, general supervision and overhead expenses.
8-1.07B(1) Delays to Critical Path
Extensions of time, when granted, will be based upon the effect of delays to the critical path of the Work as a whole and will not be granted for non-controlling delays to included portions of Work unless it can be shown that such delays did, in fact, delay the progress of the Work as a whole.
8-1.07B(2) Conditions to Time Extensions
The Contract Time or Milestones shall be extended only if, in the opinion of City, the Contractor is necessarily delayed in completing the Contract by a cause that meets all of the following conditions:

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1. Such cause is beyond the control of Contractor, its Subcontractors, or material suppliers and is not due, in whole or in part, to the breach, negligence or fault of Contractor, its Subcontractors, or material suppliers;

2. Such cause arises after the Bid deadline and neither was nor could have been anticipated before the Bid deadline;

3. The effect of such cause could not be anticipated and avoided or mitigated by the exercise of all reasonable precautions, efforts and measures by the Contractor, including re-planning, scheduling and re-sequencing;

4. Such cause, in fact, results in a delay in the performance of the critical path of the Work, which is not thereon thereafter recovered;

5. Contractor has given notice thereof and provided the back -up documentation and analysis as required by the Contract Documents or as requested by the Engineer or City including but not limited to as-planned versus as-built schedules; and

6. The Contractor has exercised all reasonable precautions, efforts and measures to accomplish such changes in the Work without extending the date for completion. 8-1.07B(3) Excusable Non-Compensable Delay
The Parties acknowledge that “Force Majeure” events, as defined in Section 1-1.07B GLOSSARY of the State Standard Specifications, are not within the responsibility or control of the City or are reasonably contemplated by the Parties to occur during the course of performance of the Work, which may impact the schedule for performance of the Work and may entitle Contractor to an extension of the Contract Time (“Excusable Non-Compensable Delays”). If the Critical Path of the Work is delayed by Excusable Non-Compensable Delays, provided that such delays did not result from the acts of Contractor and further provided that Contractor takes reasonable precautions to prevent further delays owing to such causes, then the Contract Time and/or Milestones shall be extended by a Contract Change Order.

An extension to the Contract Time and/or to the completion Milestone(s) identified in the Contract Documents shall be the Contractor’s sole remedy for Excusable Non-Compensable Delays. In no event shall Contractor be entitled to any compensation or recovery of any damages in connection with the Excusable Non-Compensable Delays defined above.
8-1.07B(4) Excusable Compensable Delay
“Excusable Compensable Delay” means any delay to the critical path of the Work occurring after commencement and prior to completion of the Work:

1. which directly impacts the number of Working Days established in the Agreement for completion;

2. for which City is responsible, is unreasonable under the circumstances involved, and not within the contemplation of the Parties; and

3. is not due, in whole or in part, to the breach, negligence, or fault of Contractor, its Subcontractors, or Suppliers. Contractor’s remedy for Excusable Compensable Delay shall be extension of the date for completion and Milestones subject to the Conditions to Time
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Extensions identified above and reimbursement of actual costs directly resulting from such delays and markup in accordance with Section 9 PAYMENT of the State Standard Specifications.
8-1.07B(5) Inexcusable Delay
“Inexcusable Delay” means any delay in the critical path of activities required for completion of the Work resulting from causes other than those deemed to be an Excusable Non-Compensable Delay or an Excusable Compensable Delay by these Special Provisions. An Inexcusable Delay shall not entitle Contractor to either an extension of the date for completion or Milestones or to any additional compensation whatsoever.
8-1.07B(6) Concurrent Delays
To the extent the Contractor is entitled to an extension of time due to an Excusable Non-Compensable Delay or to an Excusable Compensable Delay, but the performance of the Work is independently suspended, delayed, or interrupted by an Inexcusable Delay, the delay shall be deemed to be a “Concurrent Delay.” In the case of a Concurrent Delay, Contractor shall be entitled to an extension of the Contract Time or Milestone(s) and Contractor shall not be entitled to any additional compensation whatsoever during the period of Concurrent Delay. 8-1.07B(7) CLAIM FOR ADDITIONAL TIME
Any claim for extension of time shall be made in writing within the time limits provided in Section 9-1.12 DISPUTES of the Goleta Construction Specifications and as specified herein. Within eight (8) working days after commencement of such delay the Contractor shall furnish the Engineer with detailed information concerning the circumstances of the delay, the number of days actually delayed, the appropriate Contract Document references, and the measures taken to prevent or minimize the delay including an as- planned versus as-built schedule. The Contractor acknowledges the extreme importance of promptly notifying and thoroughly documenting any request for time extension and further specifically acknowledges that the City will suffer extreme prejudice should Contractor fail in any way to comply with this requirement. 8-1.07B(8) Limits on Adjustment of Contract Time or Contract Sum for Material Shortages or Cost Escalation
No extension of Contract Time or adjustment of the Contract Price will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documented proof that the Contractor has diligently made every effort to obtain such materials from every known source within reasonable reach of the Work. The Contractor shall also submit proof, in the form of network analysis data that the inability to obtain such materials when originally planned did, in fact, cause a delay in completion of the Work which could not be compensated for by revising the sequence of operations. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. No consideration will be given to any claim for adjustment of the Contract Price on the basis that material could not be obtained at a reasonable, practical, or economical cost except as provided in 9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS of the State Standard Specifications.

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Contractor is aware that governmental agencies, such as gas companies, electrical utility companies, water districts and other agencies, may be required to approve Contractor - prepared drawings or approve a proposed installation. Contractor has endeavored t o include the cost of such anticipated delays and related costs which may be caused by such agencies in Contractor’s Bid. Thus, Contractor is not entitled to make claim upon the City for damages or delays arising from the delays caused by such agencies.

Furthermore, the Contractor has scheduled for such delays and is not entitled to an extension of time for delays caused by governmental agencies which Contractor must obtain approvals from. No extension of time will be granted under this Section 8 -1.07B

LIMITS ON ADJUSTMENT OF CONTRACT TIME OR CONTRACT SUM FOR MATERIAL SHORTAGES OR COST ESCALATION of these Special Provisions for any delay to the extent: (1) that performance would have been so delayed by any Contractor induced causes, including but not limited to the fault or negligence of the Contractor or its Subcontractors; or (2) for which any remedies are provided for or excluded by any other provision of the Contract.
8-1.07B(9) No Release of Sureties
An extension of time granted shall not release the sureties from their obligations. Work shall continue and be carried on in accordance with all the provisions of the Contract and the Contract shall be and shall remain in full force and effect during the continuance and until the completion and the City’s final acceptance of the Work covered by this Contract unless formally suspended or annulled in accordance with the terms of the Contract Documents.
8-1.07B(10) No Waiver by City
Neither the grant of an extension of time beyond the date fixed for the completion of any part of the Work nor the doing and acceptance of any part of the Work or materials specified by this Contract after the time specified for the completion of the Work, shall be deemed to be a waiver of any other rights and remedies under the Contract. 8-1.07B(11) City’s Right to Order Extraordinary Measures to Mitigate Delay In the event of delays to the project, the Engineer may order Extraordinary Measures as provided below.
8-1.07B(11)(a) Non-Compensable Extraordinary Measures
In the event the Engineer determines that the performance of the Work, or any portion thereof, has not progressed or reached the level of completion required by the Contract Documents due to causes within the control of Contractor, the Engineer shall have the right to order the Contractor to take corrective measures necessary to expedite the progress of construction, including, without limitation, (1) working additional shifts or overtime, (2) supplying additional workforce, equipment, and facilities, and (3) submitting a recovery schedule for re-sequencing performance of the Work or other similar measures (hereinafter referred to collectively as Extraordinary Measures). Such Extraordinary Measures shall continue until the progress of the Work complies with the stage of completion as required by the Contract Documents. The Contractor shall not be entitled to an adjustment in the Contract Price in connection with the Extraordinary Measures required by the City under or pursuant to this Section. The City may exercise ADDENDUM 1
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the rights furnished the City under or pursuant to this Section as frequently as the City deems necessary to ensure that the Contractor’s performance of the Work will comply with the Contract Time, or interim completion date set forth in the Contract Documents.

If Contractor or its Subcontractors fail to commence Extraordinary Measures within forty-eight (48) hours of City’s written demand, the City may, without prejudice to other remedies, take corrective action at the expense of Contractor. 8-1.07B(11)(b) Compensable Extraordinary Measures
The Engineer, in its discretion, may issue a written request, to the Contractor requesting Contractor to submit an itemized proposal for Extraordinary Measures in order to achieve early completion of all or a portion of the Work, due to no fault of the Contractor, in a form acceptable to the City within eight (8) working days after the City’s issuance of the request. Contractor’s proposal shall be limited to direct labor cost (itemized hours and rates) and overhead and profit on the labor costs. 8-1.07B(12) Continuation of the Work
If the construction of the Work is not completed within the Contract Time, as may be extended by the City, the Contractor shall continue performing the Work in accordance with the Contract Documents until the completion of and the acceptance of the Work, or Contractor’s performance is suspended or terminated.

Replace the 2nd paragraph of Section 8-1.07C Payment Adjustments with:

Losses for idle equipment, idle workers, and moving or transporting equipment are eligible for delay- related payment adjustments.

If the Contractor claims additional costs due to impacts from an excusable delay, the Contractor must comply with Section 5-1.42 REQUESTS FOR INFORMATION of the State Standard Specifications. Support the Contractor’s claim for additional costs based on the difference between the cost to perform the work as planned and the cost to perform the work as changed as determined under section 9-1.04 FORCE ACCOUNT of the State Standard Specifications. The City adjusts payment for the work portion that was impacted.

The Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time. Contractor, however, shall not be entitled to an adjustment of the Contract Price or to any additional costs or damages (including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs), or any compensation whatsoever for Contractor’s use of float and/or Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including, but not limited to, delay caused by the City or other Excusable Compensable Delay. The City is exempt from liability for such costs, damages, and compensation.

Add to Section 8-1.10 LIQUIDATED DAMAGES:

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Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

The City may withhold liquidated damages before the accrual date if the anticipated liquidated damages may exceed the value of the remaining work.

Add to Section 8-1.10A General:

The Contractor shall pay to the City the sum of $3,600 per day, each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed in Section 8-1.04A GENERAL of these Special Provisions. Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

For each and every day that any portion of the work remains unfinished after the time fixed for completion in the contract documents as modified by any extension of time, damage will be sustained by the City. Because of the difficulty in computing the actu al material loss and disadvantage to the City, the Contractor and City agree that Contractor will pay the City the amount of damages set f orth herein as representing a reasonable forecast of the actual damages which the City will suffer by the failure of the Contractor to complete the work within the stipulated time. The execution of the agreement shall constitute acknowledgment by the Contractor that he or she has ascertained and agrees that the City will actually suffer damages in the amount herein fixed for each and every day during which the completion of the work is avoidably delayed beyond the stipulated completion date.

Unless otherwise provided in the contract documents, the Contractor shall have no claim or right of action against the City for damages, costs, expenses, loss of profits, or otherwise because or by reason of any delay in the fulfillment of the contract within the time limited therefor occasioned by any cause or event within or without the Contractor's control, and whether or not such delay may have resulted from anything done or not done by the City.

Add to the end of Section 8-1.10B Failure to Complete Work Parts Within Specified Time:

The roadway section and or intersection shall be opened to traffic by the end of the roadways last working hours as outlined in Section 7-1.02K(5) WORKING HOURS..

The Contractor shall stop placing Slurry Seal three (3) hours prior to the last scheduled working hour for the roadway and or intersection. The Contractor shall pay to the City the sum of $1,000.00 per hour for each hour, or portion of an hour, that Slurry Seal is placed beyond the restrictions above.

The roadway shall be opened to traffic at the end of the roadways last working hour. The Contractor shall pay to the City the sum of $1,000.00 per hour for each hour, or portion of an hour, after the last working hour are exceeded and that a traveled lane remains closed due to the Contractor’s operations.

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After the working hours of the roadways are exceeded by one (1) hour, the Contractor shall pay to the City the sum of $1,500.00 per hour for each hour, or, portion of an hour, that a traveled lane remains closed due to the Contractor’s operations.

The Engineer will provide written notice of non -conformance to the Contractor within twenty-four (24) hours of the violation. All Contractor's equipment, machinery, traffic control, and personnel shall be off of the pavement and all lanes shall be open to traffic to be considered as full compliance.

Any progress payment made after the completion date shall not be construed as a waiver of liquidated damages.

The table below summarizes liquidated damages associated with all work part failures as described in these Special Provisions.

Work Park Time Frame Liquidated Damage Reference
Section
Failure to perform work
within specified working
hours
Per every hour
exceeding 8 hours
per day or 40 hours
per week
$260 per hour for
Resident Engineer
$200 for Inspector
5-1.08
Failure to receive an
approved submittal after
the first revision
Per submittal review
after the first revision
$2,500 per review 5-1.23A
Alternate item for review
after submittal is
approved
Per submittal review $2,500 per review 5-1.23A
Failure to submit
Contractor’s Daily Report
by specified time
For each day $500 per day 5-1.24
Failure to post and notify
businesses and residents
a minimum of five (5)
calendar days in
advanced of scheduled
work
Per occurrence $300 per street 7-1.03
Failure to perform work
on a scheduled street
Per occurrence $300 per street 7-1.03
Failure to place “No
Parking” Signs at
specified intervals
Per occurrence $300 per street 7-1.03
Failure to address public
inconvenience
and/emergency within
specified timeframe
For each hour or part
thereof
$500 per hour 7-1.12
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Work Park Time Frame Liquidated Damage Reference
Section
Unauthorized use of City
Right-of-Way
Per occurrence $1,000 per
occurrence
7-1.13
Failure to complete the
Project within Contract
Period
Notice to Proceed $3,600 per each
consecutive
calendar day in
excess of the
Contract Period
8-1.10A
Failure to place slurry
seal within three (3)
hours of the roadway’s
last working hour
For each hour or part
thereof
$1,000 per hour 8-1.10B
Failure to open roadway
section and or
intersection by the end of
the roadway’s last
working hour
For each hour or part
thereof
$1,000 per hour 8-1.10B
Failure to open roadway
section and or
intersection are
exceeded by one (1)
hour
For each hour or part
thereof
$1,500 per hour 8-1.10B
Failure to address BMP
deficiencies within
specified timeframe
For each hour or part
thereof
$500 per hour 13
Failure to install
temporary or permanent
installation of traffic
striping, pavement
markings, or RPMs
Per day for each and
every day, or portion
of a day
$300 per street 84-2.03B(9)

The table below summarizes administrative deductions associated with all work part failures as described in these Special Provisions.

Work Park Time Frame Liquidated Damage Reference
Section
Failure to perform work
within specified working
hours
Per every hour
exceeding 8 hours
per day or 40 hours
per week
$260 per hour for
Resident Engineer
$200 for Inspector
5-1.08
Failure to receive an
approved submittal after
the first revision
Per submittal review
after the first revision
$2,500 per review 5-1.23A
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Work Park Time Frame Liquidated Damage Reference
Section
Alternate item for review
after submittal is
approved
Per submittal review $2,500 per review 5-1.23A

Replace Reserved in Section 8-1.11 with:
8-1.11 UTILITY AND NON-HIGHWAY FACILITIES
Attention is directed to Section 15 EXISTING FACILITIES of the State Standard Specifications and these Special Provisions.

The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least three (3) working days, but not more than fourteen (14) calendar ten (10) working days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include, but are not limited to, the following:

Notification Center Telephone
Number
Underground Service Alert -Southern
California (USA)
(811) 422-4133
(800) 422-4133
The Contractor is cautioned that there may be underground and overhead utility facilities within the work area including telephone, electrical, cable television, gas, water and sanitary sewer transmission facilities, and storm drainage collection facilities.

Where possible conflict may exist, the Contractor shall verify the grade and location of existing underground utility prior to any work.

It is recognized by the City and the Contractor that the locations of existing utilities as shown on the plans are approximate, their actual location is unknown. Recognition is given to the fact there may be additional existing utilities unknown to either party to the contract. Location of utilities, as shown on the drawings, represents the best information obtainable from utility maps and information furnished by the various agencies and companies involved. The City warrants neither the accuracy nor the extent of the actual utilities involved.

In the event the Contractor discovers utilities not identified on the plans or by the utilities, the Contractor shall immediately notify the Engineer and the utility owners by the most expeditious method reasonably available and later confirm in writing.

The right is reserved to the City and the owners of facilities, or their authorized agents, to enter upon the City right of way for the purpose of making those changes that are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooper ate with forces engaged in this work and shall conduct operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by the other forces. Wherever necessary, the work of the Contractor shall be coordinated with the rearrangement of utility or other non- ADDENDUM 1
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highway facilities, and the Contractor shall make arrangements with the owner of those facilities for the coordination of the work.

Attention is directed to the possible existence of underground main or trunk line facilities not indicated on the plans or in these Special Provisions and to the possibility that underground main or trunk lines may be in a location different from that which is indicated on the plans or in these Special Provisions. The Contractor shall ascertain the exact location of underground main or trunk lines whose presence is indicated on the plans or in these Special Provisions, the location of their service laterals or other appurtenances, and of existing service lateral or appurtenances of any other underground facilities which can be i nferred from the presence of visible facilities such as buildings, meters and junction boxes prior to doing work that may damage any of the facilities or interfere with their service.

If the Contractor cannot locate an underground facility whose presence i s indicated on the plans or in these Special Provisions, the Contractor shall so notify the Engineer in writing. If the facility for which the notice is given is in a substantially different location from that indicated on the plans or in these Special Pro visions, the additional cost of locating the facility will be paid for as extra work as provided in Section 4-1.05 CHANGES AND EXTRA WORK of the State Standard Specifications.

If the Contractor discovers underground main or trunk lines not indicated on the plans or in these Special Provisions, the Contractor shall immediately give the Engineer and the Utility Company written notification of the existence of those facilities. The main or trunk lines shall be located and protected from damage as directed by the Engineer, and the cost of that work will be paid for as extra work as provided in Section 4 -1.05 CHANGES AND EXTRA WORK of the State Standard Specifications. The Contractor shall, if directed by the Engineer, repair any damage which may occur to the main or trunk lines. The cost of that repair work, not due to the failure of the Contractor to exercise reasonable care, will be paid for as extra work as provided in Section 4 -1.05 CHANGES AND EXTRA WORK of the State Standard Specifications. Damage due to t he Contractor's failure to exercise reasonable care shall be repaired at the Contractor's cost and expense.

Where it is determined by the Engineer that the rearrangement of an underground facility is essential in order to accommodate the Project and the plans and specifications do not provide that the facility is to be rearranged, the Engineer will provide for the rearrangement of the facility by other forces or the rearrangement shall be performed by the Contractor and will be paid for as extra work as provided in Section 4-1.05 CHANGES AND EXTRA WORK of the State Standard Specifications. When ordered by the Engineer in writing, the Contractor shall rearrange any utility or other non-highway facility necessary to be rearranged as a part of the highway improvement, and that work will be paid for as extra work as provided in Section 4 -1.05 CHANGES AND EXTRA WORK of the State Standard Specifications.

Should the Contractor desire to have any rearrangement made in any utility facility, or other improvement, for the Contractor's convenience in order to facilitate the Contractor's construction operations, which rearrangement is in addition to, or different from, the rearrangements indicated on the plans or in these Special Provisions, the Contractor shall ADDENDUM 1
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make whatever arrangements are necessary with the owners of the utility or other non - highway facility for the rearrangement and bear all expenses in connection therewith.

The Contractor shall immediately notify the Engineer of any delays to the Contractor's operations as a direct result of underground main or trunk line facilities which were not indicated on the plans or in these Special Provisions or were located in a posi tion substantially different from that indicated on the plans or in these Special P rovisions, or as a direct result of utility or other non -highway facilities not being rearranged as herein provided (other than delays in connection with rearrangements made to facilitate the Contractor's construction operations or delays due to a strike o r labor dispute). These delays will be considered right of way delays within the meaning of Section 8 -1.07 DELAYS of the State Standard Specifications and compensation for the delay will be determined in conformance with the provisions in Section 8-1.07B TIME ADJUSTMENTS of the State Standard Specifications and these Special Provisions. The Contractor shall be entitled to no other compensation for that delay.

Any delays to the Contractor's operations as a direct result of utility or other non-highway facilities not being rearranged as provided in this Section 8 -1.11 UTILITY AND NON - HIGHWAY FACILITIES of these Special Provisions, due to a strike or labor dispute , will entitle the Contractor to an extension of time as provided in Section 8 -1.07 DELAYS of the S tate Standard Specifications. The Contractor shall be entitled to no other compensation for that delay.

Add Section 8-1.13A TERMINATION BY THE CITY FOR CAUSE:
8-1.13A TERMINATION BY THE CITY FOR CAUSE
8-1.13A(1) Grounds
The City shall have the right to terminate the Contractor’s performance of the Work, in whole or in part, if:

1. Contractor fails to promptly commence the Work or unnecessarily or unreasonably delays the Work or improperly discontinues the diligent prosecution of the Work or abandons the Work;

2. Contractor refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to perform the Work in strict accordance with the Contract Documents, and the latest accepted schedule;

3. Contractor fails to make prompt payment of amounts properly due Subcontractors after receiving payment from the City;

4. Contractor disregards applicable laws, statutes, ordinances, codes, rules, regulations, or lawful orders of a public authority;

5. Contractor fails to resume performance of Work which has been suspended or stopped, within ten (10) working days after receipt of notice from the City to do so or (if applicable) after cessation of the event preventing performance; ADDENDUM 1
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6. Any representation or warranty made by Contractor in the Contract Documents or any certificate, schedule, instrument, or other document delivered by Contractor pursuant to the Contract Documents shall have been false or materially misleading when made;

7. After commencement of the Work the City becomes aware that the Contractor is using an ineligible Contractor, Subcontractor, or supplier who was barred from performing work or providing materials or services on City projects at the time of Bid;

8. Contractor fails to make payment to Subcontractors for materials or labor in accordance with the respective Contract Documents and applicable law;

9. The Contract is assigned or the Work is sublet otherwise than as specified in the Contract Documents;

10. Contractor otherwise is guilty of breach of a provision of the Contract Documents; or

11. Contractor materially fails to execute the Work in accordance with the Contract Documents or, in the City’s opinion, is violating any of the terms of the Contract or is not executing the Contract in good faith or is not following instructions of the City as to additional force necessary in the opinion of the City for its completion within the required time.
8-1.13A(2) City’s Rights Upon Termination Of Contract For Cause: Notice To Cure And Notice Of Termination For Default
When any of the reasons specified above exist, the City may, in addition to and without prejudice to any other rights or remedies of the City, issue a written notice to cure the default to the Contractor and its surety. The Contractor shall commence satisf actory corrective actions within five (5) working days after receipt of the notice to cure. If the Contractor fails to commence satisfactory corrective work within five (5) working days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will advise the performance bond surety of the default and that surety will be given fifteen (15) calendar days to arrange for completion of the Work in accordance with the Contract Documents by another Contractor or Contractors satisfactory to the City. Should the surety fail to effect satisfactory arrangements within said 15-day period, the City shall have the right to issue a notice of termination for default and to:

1. Exclude the Contractor from the Site;

2. Take possession of the Site and of all materials, equipment, tools and construction equipment, and machinery thereon owned by the Contractor;

3. Suspend any further payments to Contractor;

4. Accept assignment of subcontracts pursuant to Section 5 -1.13 SUBCONTRACTING of the State Standard Specifications and these Special Provisions; and

5. Finish the Work by whatever reasonable method the City may deem expedient.

ADDENDUM 1
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When the City terminates the Contractor’s performance of the Work for one of the reasons stated in this Section 8-1.13A TERMINATION BY THE CITY FOR CAUSE, the Contractor shall not be entitled to receive further payment until the Work is finished.

The City shall charge the cost to complete the Work, including, but not limited to, protection, investigation, labor, services, equipment, materials, permits, fees, supervisory, and administrative costs to Contractor and its performance bond surety. If the unpaid balance of the Contract Price is less than all costs of finishing the Work, including compensation for the City’s services and expenses made necessary thereby, and other damages incurred by the City and not expressly waived, the Contractor shall pay the difference to the City. This obligation for payment shall survive termination of the Contract. If the unpaid balance of the Contract Price is greater than all costs of finishing the Work, including compensation for the City’s services and expenses made necessary thereby, the Contractor shall receive payment for Work properly performed by Contractor for which payment was not made previously; any excess amounts shall be retained by the City.

Upon receipt of the written notice of termination for default, the surety shall immediately assume all rights, obligations and liabilities of the Contractor under the Contract. If the surety fails to protect and maintain the work site, the City may do so, and may recover all costs incurred. The surety shall notify the City t hat it is assuming all rights, obligations and liabilities of the Contractor under the Contract. Within fifteen (15) working days of receipt of the written notice of termination for default, the Surety shall submit to the City a written plan detailing the course of action it intends to take to remedy the default. The City will review the plan and notify the surety if the plan is satisfactory. If the surety fails to submit a satisfactory plan, or if the surety fails to maintain progress according to the plan accepted by the City, the City may, upon 48 hours written notice, exclude the surety from the premises, take possession of all material and equipment, and complete the Work in any way the City deems to be expedient. The cost of completing the Work by the City shall be charged against the surety and may be deducted from any monies due, or which would become due, the surety. If the amounts due under the Contract are insufficient for completion, the surety shall pay to the City, within thirty (30) days after the City submits an invoice, all costs in excess of the remaining Contract Price. The surety will be paid for completion of the Work in accordance with Section 9 PAYMENT of the State Standard Specifications and these Special Provisions, less the value of d amages caused to the City by acts of the Contractor.
8-1.13A(3) Erroneous Termination
If it has been adjudicated or otherwise determined that the City has erroneously or negligently terminated the Contractor for cause, then said termination shall automatically convert to a termination by the City for convenience as set forth in Section 8 -1.13B TERMINATION BY THE CITY FOR CONVENIENCE of these Special Provisions. 8-1.13A(4) Acceptance Of Incomplete Or Non-Conforming Work In lieu of the provisions of this Section for terminating the Contractor’s performance, the City may pay the Contractor for the portion of Work completed according to the provisions of the Contract Documents and may treat the incomplete Work as if they had never been included or contemplated by this Contract, in which case the Contract Price will be ADDENDUM 1
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reduced by the value of the deleted Work determined in accordance with Section 4 -1.05 CHANGES AND EXTRA WORK of the State Standard Specifications and these Special Provisions. No claim under this provision will be allowed the Contractor for overhead or prospective profits on Work not completed by the Contractor. 8-1.13A(5) Adequate Financial Assurances
It is recognized that if Contractor is adjudged a bankrupt or makes a general assignment for the benefit of creditors, or if a receiver is appointed for the benefit of its creditors, or if a receiver is appointed on account of Contractor’s insolvency, this could impair or frustrate Contractor’s performance of the Work. Accordingly, it is agreed that upon the occurrence of any such event, the City shall be entitled to request of Contractor, or its successor in interest, adequate assurance of future performan ce in accordance with the terms and conditions hereof. Failure to comply with such request within five (5) calendar of delivery of the request shall entitle the City to terminate the Contract and to the accompanying rights set forth above. Pending receipt of adequate occurrence of performance and actual performance in accordance therewith, the City shall be entitled to proceed with the Work with its own forces or with other Contractors on a time and material or other appropriate basis, the cost of which will be backcharged against the Contract Price. 8-1.13B TERMINATION BY THE CITY FOR CONVENIENCE
The City may, at any time, terminate the Contractor’s performance of the Work, in whole or in part, for the City’s convenience without regard to Contractor’s fault or breach upon fourteen (14) calendar days’ written notice to Contractor.

In the event that the City terminates Contractor’s performance of the Work for convenience, Contractor agrees to waive any claims for damages, including, but not limited to, home office overhead, loss of anticipated profits on account thereof, and as the sole right and reme dy of Contractor, the City shall pay Contractor in accordance with Section 8 -1.14E PAYMENT ADJUSTMENT FOR TERMINATION of these Special Provisions. The provisions of the Contract, which by their nature survive final acceptance of the Work, shall remain in full force and effect after such termination to the extent provided in such provisions.
8-1.13C CONTRACTOR’S DUTIES UPON TERMINATION
Upon receipt of written notice from the City of such termination for cause or for the City’s convenience, the Contractor shall, unless the notice directs otherwise, do the following:

1. Cease performance of the Work to the extent specified in the notice;

2. Cooperate with the City to secure the site and demobilize in a safe and orderly fashion;

3. Take actions necessary, or that the City may direct, for the protection and preservation of the Work;

4. Except for Work directed to be performed in the notice, incur no further costs and enter into no further subcontracts and purchase orders;
ADDENDUM 1
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5. If requested by the City, assign to the City, in the manner and to the extent directed, all of the right, title and interest to the Contractor under the subcontracts, and the City shall have no liability for acts, omissions or causes of action resulting th erefrom which accrued prior to the date of termination and assignment, which liability shall remain with the Contract; and

6. Turn over to the City, as soon as possible, but not later than thirty (30) days after receipt of such termination notice, the originals of all of the Contractor’s records, files, documents, drawings and any other items relating to the project, whether loca ted on the project site, at the Contractor’s office or elsewhere.

Replace Section 8-1.14E Payment Adjustment for Termination with:
8-1.14E PAYMENT ADJUSTMENT FOR TERMINATION
If the City issues a termination notice, the Engineer determines the payment for termination during the performance period, from contract approval date to contract acceptance date, based on the following:

1. Direct cost for the work performed:

1.1. Including:

1.1.1. Mobilization

1.1.2. Demobilization

1.1.3. Securing the job site for termination

1.1.4. Losses from the sale of materials

1.2. Not including:

1.2.1. Cost of materials you keep

1.2.2. Profit realized from the sale of materials

1.2.3. Cost of material damaged by:

1.2.3.1. Act of God

1.2.3.2. Act of a public enemy

1.2.3.3. Fire

1.2.3.4. Flood.

1.2.3.5. Governor-declared state of emergency

1.2.3.6. Landslide

1.2.3.7. Tsunami

1.2.4. Other credits

2. Cost of remedial work, as estimated by the Engineer, is not reimbursed.

3. Allowance for profit not to exceed 4 percent of the cost of the work ADDENDUM 1
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performed where a likelihood of having made a profit had the Contract not been terminated is shown.

4. Material handling costs for material returned to the vendor or disposed of as ordered.

5. Costs in determining the payment adjustment due to the termination, excluding attorney fees and litigation costs.

6. Overhead costs.

Termination of the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

9 PAYMENT
Add to the end of Section 9-1.02 MEASUREMENT:

Payment for all work bid at a price per unit of measurement will be based upon actual quantities of work as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities given in the proposal. The Contractor shall make no claim for anticipated profits, or loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done or materials furnished and the estimated amount.

Add to the end of Section 9-1.03 PAYMENT SCOPE:

The items bid on a “lump sum” basis shall result in a complete structure, operating plant, or system, (including all warranty documents and product and operating manuals) in satisfactory working condition in respect to the functional purpose of the installation and no extra compensation will be allowed for anything omitted but implied. Full compensation for additional materials and labor, whether or not shown on the drawing or specified in the State Standard Specifications or these Special Provisions, which are necessary to complete all the work will be considered as included in the lump sum price paid for the work, and no additional compensation will be allowed.

Add Section 9-1.03A Prompt Progress Payment to Subcontractors:

9-1.03A PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime contractor or subcontractor shall pay any subcontractor not later than seven (7) calendar five (5) working days of receipt of each progress payment in accordance with the provision in Section 7108.5 of the California Business and Professions Code concerning prompt payment to subcontractors. The seven (7) calendar five (5) working days is applicable unless a longer period is agreed to in writing. Any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency’s prior written approval. Any violation of Section 7108.5 shall subject ADDENDUM 1
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the violating contractor or subcontractor to the penalties, sanction and other remedies of that section. 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 prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

Replace Reserved in Section 9-1.12 with:
9-1.12 PROMPT PAYMENT
The City shall make all project progress payment within thirty (30) days after receipt of an undisputed, complete and properly submitted payment request from the contractor on a construction contract. If the local agency fails to pay promptly, the local agency shall pay interest to the contractor, which accrues at the rate of ten (10) percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary. Upon receipt of the payment request, the local agency shall act in accordance with both of the following:

1. The local agency shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

2. The local agency must return any payment request deemed improper or incomplete by the local agency to the contractor as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

Mobilization shall be as defined in Section 1-1.07B GLOSSARY of the State Standard Specifications and include the furnishing and providing for regular maintenance of temporary sanitary facilities on the job for the duration of the project. Failure to comply with this requirement will result in withholding of mobilization payments in the amount deemed appropriate by the Engineer.

9.1-12A PAYMENT
The contract lump sum price paid for “Mobilization, Bonds & Insurance” shall include all costs associated with insurance, bonds, permits and fees, submittals, moving onto the jobs (mobilization) establishment of stockpile operations, moving off the job (demobilization) removal, clean up and restoration of stock pile area and limits of work, project phasing, supervision, coordination of concurrent work with other Contractors, meetings and other work indicated in the Contract Documents. Mobilization shall als o include all costs to provide and mail/deliver required notification in advance and during the project as required by these Special Provisions, posting notices at the project site, and to provide response to residential and business concerns.

Replace Section 9-1.16A General with:

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9-1.16A PROGRESS PAYMENTS
After award of contract, the progress payments are due on the 15 th of each month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City's payment procedure.

The Contractor shall submit all requests for progress payments using the forms included in Appendix H.

Form CC1: Progress Payment Request - This form is to be completed and signed by the Contractor and attached as a cover sheet to its request for payment. This will be mandatory on all contract requests.

Form CC2: Progress Payment Request – Detail - This form may be used by the Contractor to provide the detail required to verify payment quantities. (City will accept the Contractor’s standard form if it provides the required information).

Form CC3: Quantity Change Verification Form - This form is required before any payment can be made based on actual quantities exceeding estimated quantities. At the conclusion of the contract, the City will issue a “ Balancing Change Order” incorporating all quantity increases and decreases in the contract items of work.
9-1.16A(1) General
Based upon Applications for Payment submitted to the Engineer by the Contractor, the City shall make progress payments to the Contractor as provided below and elsewhere in the Contract Documents.

The period covered by each Application for Payment shall be one calendar month ending on the 20th day of the month.

The Contractor shall submit each Application for Payment to the Engineer by the last day of each month.

Pursuant to Section 9 -1.02 MEASUREMENT of the State Standard Specifications and these Special Provisions, Contractor’s Applications for Payment shall be based on the actual installed measured in place quantities for payment.

Applications for Payment shall indicate the percentage of completion of each portion of the Work for which a lump sum price is specified as of the end of the period covered by the Application for Payment.
9-1.16A(2) Applications for Payment
Contractor shall submit to the Engineer an Application for Payment (on Form CC2 provided in Appendix H) for Work completed in accordance with the measurement of quantities. Such application shall be supported by such data substantiating the Contractor’s right to payment as the Engineer may require.

By submitting an Application for Payment, the Contractor warrants that all Work has been performed in compliance with the Contract Documents, and that all quantities and amounts set forth therein accurately reflect the amount of Work completed during that pay period.

ADDENDUM 1
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Each Application for Payment shall be reviewed by the Engineer as soon as practicable after receipt for the purpose of determining that the Application for Payment is a “proper and complete” payment request, accurately reflecting the value of Work complete d and submitted with the documents required by the Contract Documents. An Application for Payment shall be deemed "proper" only if it is properly completed and submitted on the proper forms. The Engineer shall have the right to adjust any estimate of quant ity and to subsequently correct any error made in any Application for Payment.

The City shall make payment to the Contractor not later than thirty (30) calendar days after the Engineer’s verification and approval that an Application for Payment is undisputed and properly submitted.
9-1.16A(3) Payments for Authorized Changes
Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Contract Change Orders, which shall be itemized separately from base Contract Work.
9-1.16A(4) No Requests for Disputed Subcontractor Work
Applications for Payment shall not include requests for payment of amounts the Contractor does not intend to pay to a Subcontractor or material supplier because of a dispute or other reason, or as to which an appropriate stop payment notice release has not been filed.
9-1.16A(5) City Review and Payment
This Contract is subject to the following provisions of California Public Contract Code Section 20104.50 which provides as follows:
(a)(1) It is the intent of the Legislature in enacting this Section to require all local governments to pay their Contractors on time so that these Contractors can meet their own obligations. In requiring prompt payment by all local governments, the Legisl ature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern. (2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments’ outstanding receipts. The Legislature finds and declares that all governmental officials, inclu ding those in local government, must set a standard of prompt payment that any business in the private sector that may contract for services should look toward for guidance. (b) Any local agency which fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from a Contractor or construction Contract shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of § 685.010 of the Code of Civil Procedure. (c) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt of the purpose of determining that the payment request is a proper payment request;
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(2) Any payment request 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 returned pursuant to this Section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
(d) The number of days available to a local agency to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which a local agency exceeds the seven -day return requirement set forth in paragraph (2) of subdivision (c).
(e) For purposes of this Article:
(1) A “local agency” includes, but is not limited to, a City, including a charter City, a county, and a City and county, and is any public entity subject to this part. (2) A “progress payment” includes all payments due Contractors, except that portion of the final payment designated by the Contract as retention earnings. (3) A payment request shall be consi dered properly executed if funds are available for payment of the payment request, and the Financial Officer of the local agency does not delay the payment due to an audit inquiry.
(f) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any Contract subject to this Article.
9-1.16A(6) Improper Application For Payment
In accordance with Section 20104.50 of the California Public Contract Code, any Application for Payment determined by the Engineer 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) calendar five (5) working days after receipt by the Engineer. An Application for Payment returned to the Contractor shall be accompanied by written documentation setting forth the reasons why the Application for Payment is not proper and not suitable for payment. If an Application for Payment is so returned as improper, no payment will be due the Contractor. The City reserves the right to make partial payment of undisputed amounts.
9-1.16A(7) Interest On Undisputed Amounts
If the City fails to make any progress payment within thirty (30) calendar days after receipt of an undisputed and proper Application for Payment from the Contractor, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the California Code of Civil Procedure. The number of days available to the City to make a payment without incurring interest shall be reduced by the number of days by which the Engineer exceeds the seven (7) day return requirement set forth above.
9-1.16A(8) Contractor Warranty Of Title To Work
The Contractor warrants that title to all Work covered by an Application for Payment will pass to the City no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment, all Work for which payments hav e been ADDENDUM 1
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received from the City shall, to the best of the Contractor’s knowledge, information and belief, be free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, material suppliers, or other persons or ent ities making a claim by reason of having provided labor, materials and equipment relating to the Work.

This provision shall not relieve the Contractor from the responsibility for materials and Work upon which payments have been made, the restoration of dam aged Work or as waiving the right of the City to require the fulfillment of the terms of the Contract.

Each time the Contractor submits an Application for Payment, the Contractor herby certifies that each Application for Payment is complete and accurate regarding the quantities and amounts stated in the application, and that all Work for which the Contractor seeks payment have been provided in a manner that meets or exceeds the Contract requirements.
9-1.16A(9) Partial Payments
The City, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in these Special Provisions and are furnished and delivered by the Contractor on the ground and not used or are furnished and stored for use on the contract, if the storage is within the City and the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored subject to or under the control of the City, to the time of the estimate, and the value thereof. The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than five (5) working days before the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate. • The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on State -furnished forms properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no ca se exceed the contract price for the item of work for which the material is furnished.
• The City shall retain ten (10) percent of the estimated value of the work done and ten (10) percent of the value of materials so estimated to have been furnished and delivered and unused or furnished and stored as aforesaid as part security for the fulfillment of the contract by the Contractor, except that at any time after twenty (20) percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the City may reduce the total amount being retained from payment pursu ant to the above requirements to five (5) percent of the total estimated value of the work and materials and may also reduce the amount retained from any of the remaining partial payments to five (5) percent of the estimated value of the work and materials . In addition, on any partial payment made after ninety-five (95) percent of the work has been completed, the City may reduce the amount withheld from payment pursuant to the requirements of this Section 9 -1.16A(9) PARTIAL PAYMENTS of these Special Provisi ons, to such ADDENDUM 1
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lesser amount as the City determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will that amount be reduced to less than one-hundred and twenty-five (125) percent of the estimated value of the work yet to be completed as determined by the Engineer.

The reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Disbursing Officer of the City; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person to give that consent m ust either accompany the document or be on file with the City.
• The City shall pay monthly to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No monthly estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not proceeding in accordance with the provisions of the contract.
• No monthly estimate or payment shall be construed to be an acceptance of any defective work or improper materials.
• Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Sections 7028.15(a) and 7031.

Add to Section 9-1.16D Mobilization:

Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; and for all other work and operations which must be perfo rmed or costs incurred prior to beginning work on t he various contract items on the project site.

Mobilization also includes public notifications. Demobilization shall include, upon substantial completion of the contracted work, the removal of all signs, construction trailers, storage trailers and bins, te mporary fencing, garbage, construction debris, equipment, utility services not scheduled to remain, portable toilet facilities, and all excess construction material not included and paid for within other base bid items. Work shall also include the repair, restoration and/or replacement of facilities damaged by the Contractor and/or Subcontractors and suppliers, including driveways, parking areas, streets, pipelines, and landscaping, and the submittal of Record Drawings. Work area shall be cleaned and restored to original condition or better as further shown on the plans.

The compensation for “Mobilization, Bonds & Insurance” shall not exceed 10 percent of the total amount of all remaining bid items.

Add to Section 9-1.16E Withholds:

The City will hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the contract work, and pay retainage to the prime contractor based on these acceptances.

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The Agency 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 seven (7) 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 or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractua l, administrative or ju dicial 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.

Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be cons trued to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

The City will withhold five (5) percent of all monthly progress payments as retention to assure completion and payment of labor and materials. Retention will be released to the Contractor thirty-five (35) calend ar days after the Notice of Completion is Approved by City Manager.

In accordance with Public Contract Code Section 22300, securities shall be permitted in substitution of money withheld by the City to ensure performance under this contract.

At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally charged bank in this state as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.

Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into se curities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the Contracto r. Upon satisfactory completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City, pursuant to the terms of this section.

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Securities eligible for investment under this paragraph shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contract and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

If an escrow agreement is used as security, it shall be null, void and unenforceable unless it is substantially similar to the form stated in Public Contract Code Section 22300.

Replace Section 9-1.16E(4) Stop Notice Witholds with:

The City may withhold payments to cover claims filed under Civil Code § 9000 et seq.

Stop payment notice information may be obtained from City.

If at any time there shall be evidence of the existence, whether or not same has been asserted, of any mechanics lien, stop payment notice, or claim arising out of or in connection with the performance or default in performance of this Contract or any subcontract or supply contract entered into by Contractor to perform this Contract, and if the City might become liable for the discharge of or satisfaction of such mechanics lien, stop payment notice, or claim, then the City shall have the right to retain out of any payment then due or thereafter to become due, an amount sufficient to discharge such mechanics lien or stop payment notice or satisfy such claim and to reimburse the City and the representatives of the City for all costs and expenses in connection therewith, including attorneys’ fees. Further, the City, in its sole discretion, shall have the right to discharge or satisfy such mechanics lien, stop payment notice, or claim and pay all costs and expenses in connection therewith if the Contractor does not have such mechanics lien, stop payment notice, or claim discharged or satisfied within ten (10) days after receiving notice thereof from the City or unless some other procedure for discharge or satisfaction of such lien or claim is agreed upon between the City and Contractor. If the amounts retained are insufficient for the aforesaid purposes, or if such mechani cs lien, stop payment notice, or claim remains undischarged or unsatisfied after all payments have been made to the Contractor, then the Contractor shall refund to the City all monies that may have been paid to discharge such lien or stop payment notice or satisfy such claims, including the costs, expenses, and attorneys’ fees in connection therewith.

If the Contractor or a Subcontractor disputes the correctness or validity or enforceability of any stop payment notice, the City may, in its discretion, perm it the Contractor to file with the City a bond, on a form provided by the City, executed by one or more corporate California admitted surety insurers, in an amount equal to one hundred and twenty -five percent (125%) of the claim stated in the stop payment notice conditioned for the payment of any sum which the stop payment notice claimant may recover on the claim together with its costs of suit in the action. Upon the City’s acceptance of such bond, the City shall not withhold money from the Contractor on a ccount of the stop payment notice. The surety(ies) upon the stop payment notice release bond shall be different than, and jointly and severally liable to the stop payment notice claimant with, the payment bond surety(ies).

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If a Subcontractor or material supplier refuses to furnish a release or waiver required by the City, records a mechanics lien, or files a stop payment notice, the Contractor shall, upon the City’s request, furnish a bond satisfactory to the City to release the stop payment notice and shall otherwise fully indemnify the City against such stop payment notice and the City shall enforce its right under the preceding paragraph.

Any lien, stop payment notice, or other claim, filed or asserted after the Contract or’s acceptance of the final payment, by any Subcontractor, laborer, material supplier, or others, in connection with or for Work performed under the Contract Documents shall be the sole and exclusive responsibility of the Contractor, who further agrees to indemnify, defend, and hold harmless the City and its council members, officers, agents and employees from and against any claims, demands, or judgment arising out of or associated therewith, including, without limitation, attorneys’ fees incurred by the City in connection therewith.

Replace Reserved in Section 9-1.16E(6) with:
9-1.16E(6) Withhold Amount
The City will withhold 5 percent of all progress payments as retention (Public Contract Code § 7201).

Replace Reserved in Section 9-1.16G with:
9-1.16G Release of Retention
This Contract is subject to the following provisions of California Public Contract Code § 7200 which provides as follows:
(a)(1) This section shall apply with respect to all Contracts entered into on or after January 1, 1999, between a public entity and an original Contractor, between an original Contractor and a Subcontractor, and between all Subcontractors thereunder, relat ing to the construction of any public Work of improvement.
(2) For purposes of this Section, “public enti ty” means the state, including every state agency, office, department, division, bureau, board, or commission, a City, county, City and county, including chartered cities and chartered counties, district, special district, public authority, political subdi vision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(b) In a Contract between the original Contractor and a Subcontractor, and in a Contract between a Subco ntractor and any Subcontractor thereunder, the percentage of the retention proceeds withheld may not exceed the percentage specified in the Contract between the public entity and the original Contractor.
(c) When a performance and payment bond is required in the solicitation for bids, subdivision (b) shall not apply to either of the following:

(1) The original Contractor, if the Subcontractor fails or refuses to provide a performance and payment bond issued by an admitted surety insurer, to the original Contractor.

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(2) The Subcontractor, if a Subcontractor thereunder fails or refuses to provide a performance and payment bond issued by an admitted surety insurer, to the Subcontractor.
(d) No party identified in subdivision (b) shall require any other party to waive any provision of this Section.
(e) In the event that the Contractor elects to substitute securities in lieu of retentions, the Contractor may withhold from its Subcontractors, who have not elected to substitute securities in lieu of retentions, the amount o f retentions that would have otherwise been withheld.

Replace Reserved in Section 9-1.16I with:
9-1.16I City’s Right to Disburse Progress and Final Payments by Joint Check or Direct Payments
The City has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and material and equipment suppliers amounts paid by the City to the Contractor for subcontracted Work. If the Contractor fails to f urnish such evidence within seven (7) days, the City shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. The City shall not have an obligation to pay or to see to the payment of money to a Subcontractor, except as may otherwise be required by law. The City may, in its sole discretion, issue joint checks to the Contractor and its Subcontractors of any tier and material suppliers or to make payments directly to such Subcontractor or supplier in satisfaction of City’s obligation to make progress payments or the final payment due hereunder.

Add to the end of Section 9-1.17B Payment Before Final Estimate:
9-1.17B(1) Affidavit of Final Completion and Final Payment The Contractor shall, upon completion of the Work and final cleaning up, submit to the City a sworn Affidavit of Final Completion on form CC4 found in Appendix H. Properly submitted Claims in stated amounts may be excluded by the Contractor from the operation of the release if the Claims have not yet been resolved. Within thirty (30) calendar days after receipt of the Affidavit of Completion, the Engineer will inspect the Work and will either (1) reject the requested Affidavit of Final Completion, specifying the defective and/or uncompleted portions of the Work, or (2) accept the Affidavit of Final Completion and submit a request to the City Manager for final acceptance of the Work.

9-1.17B(2) Rejection and Revision
If the City rejects the Affidavit of Final Completion, specifying defective and/or uncompleted portions of the Work, the Contractor shall promptly remedy the defective and/or uncompleted portions of the Work. Thereafter, the Contractor shall give the City a revised Affidavit of Final Completion with a new date based on when the defective and/or uncompleted portions of the Work were corrected. The foregoing procedure shall apply successively thereafter until the City accepts Contractor’s Affidavit of Final Completion.

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9-1.17B(3) Documentation
In addition to the requirements for final payment set forth in the other Contract Documents, the final payment shall not become due until at least sixty (60) calendar days after: (i) Contractor has fully performed the Contract, including all punch list work; and (ii) Contractor has submitted to the City:

1. A full, complete and proper Final Application for Payment showing the proposed total amount due the Contractor, segregated as to Contract quantities, changes in the Work, and other basis for payments; deductions made or to be made for prior payments; amounts to be retained; any Claims the Contractor intends to file at that time or a statement that no Claims will be filed; and any unsettled Claims, stating amounts;

2. Written consent of surety(ies) to partial/full release of retention/final payment;

3. Contractor’s written assurance that identified corrective work not complete and accepted will be completed by a stated date agreeable to the City;

4. The required Record Drawings (in reproducible format);

5. Reasonable proof that taxes, fees and similar obligations of Contractor have been paid;

6. Documentation that Contractor has inspected, tested, and adjusted performance of every system or facility of the Work to ensure that overall performance is in compliance with terms of the Contract Documents;

7. Reasonable proof that Contractor has discontinued and removed temporary facilities and services from the Site, along with construction tools and facilities, forms, and similar items except for Contractor’s field office;

8. Reasonable proof that Contractor has provided instruction for the City’s operating personnel on systems and equipment operational requirements;

9. A report on performance of completed installations after adjustment that appear unable to comply with the requirements of the Contract Documents;

10. The operating manuals for operating and maintaining the Work; and

11. Four (4) copies of all warranties from vendors and Subcontractors, operation and maintenance manuals, instructions and related agreements, equipment certifications and similar documents, and maintenance and operating instructions.

The Engineer reserves the right to not require any of the above submittals which the Engineer determines, in his/her sole discretion, is not applicable to a particular project.

9-1.17B(4) Disbursement of Final Payment
Pursuant to California Public Contract Code section 7107, if there is any dispute between the City and the Contractor at the time that disbursement of the final payment is due, the City may withhold from disbursement of the final payment an amount not to e xceed one hundred fifty percent (150%) of the amount in dispute.

9-1.17B(5) No Waiver of Claims by City
The making of final payment shall not constitute a waiver of any Claims by the City including, but not limited to:

1. unsettled stop payment notices;

2. faulty or defective Work;
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3. failure of the Work to comply with the requirements of the Contract Documents;

4. terms of special warranties required by the Contract Documents; or

5. any other cause, unless specifically waived by the City in writing.

9-1.17B(6) Waiver Of Claims By Contractor, Subcontractors, And Suppliers Acceptance of final payment by the Contractor, a Subcontractor, or a material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment.

Add to Section 9-1.17D Final Payment and Claims:

The Contractor shall submit Form CC4: Final Release Form. This form must accompany all requests for final payment (see Appendix H).

Delete Section 9-1.22 ARBITRATION:

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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DIVISION II GENERAL CONSTRUCTION

10 GENERAL
Replace Reserved Section 10-1.02A General with:

The Contractor’s attention is directed to Sections 8 -1.05 TIME of the State Standard Specifications and these Special Provisions for the number of days allowed for this work.

The first order of work shall be for the Contractor to contact Underground Service Alert (U.S.A.) and to verify the location of all utilities in the vicinity of the work.

Attention is directed to Section 8-1.11 UTILITY AND NON -HIGHWAY WORK of these Special Provisions.

The Contractor shall prepare a traffic control plan that conforms to Section 12 TEMPORARY TRAFFIC CONTROL of the State Standard Specifications, the California MUTCD and as described within these Special Provisions prior to construction of each location. The traffic control plan shall include details regarding traffic signal operations to be approved by the Engineer.

Attention is directed to Section 12 -4 MAINTAINING TRAFFIC and Section 12 -6 TEMPORARY PAVEMENT DELINEATION of the State Standard Specifications.

The work shall be performed in conformance with the phases and stages of construction shown on the plans. Non-conflicting work in subsequent stages may proceed concurrently with work in preceding stages, provided sat isfactory progress is maintained in the preceding stages of construction and with Engineer’s written approval.

Add to the end of Section 10-1.02C(2) Irrigation Facilities:

Protect any irrigation component to be relocated before performing any other construction activity in the area.

Add to the 3rd paragraph of Section 10-6 WATERING:

Nonpotable water must not be stream water.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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12 TEMPORARY TRAFFIC CONTROL

Add to the end of Section 12-1.01 GENERAL:
12-1.01A Traffic Maintenance
Attention is directed to Sections 7 -1.03 PUBLIC CONVENIENCE , 7-1.04, PUBLIC SAFETY, and Section 12 TEMPORARY TRAFFIC CONTROL of the State Standard Specifications and to the Section 7-1.04 PUBLIC SAFETY elsewhere in these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7 -1.04 PUBLIC SAFETY of the State Standard Specifications.

In the State Standard Plans, Note 5 on Standard Plan T11, Note 6 on Standard Plan T12, and Note 5 on Standard Plan T13 are revised to read:

All traffic cones used for night work or remaining in the roadway overnight shall have reflective cone sleeves as specified in the specifications.

12-1.01B Traffic Control Plan
At the pre-construction meeting, the Contractor shall submit a traffic control plan showing traffic control measures and/or, if approved, detours for vehicles and pedestrians affected by the construction work. A maximum of five (5) working days will be required to review and provide the Contractor with comments on the plan. The Contractor shall revise the plan per the City's comments until the plan is accepted by the Engineer. The Contractor will not be allowed to begin work until the Engineer has accepted the traffic control plan.

The Traffic Control Plan shall cover all stages of work, per site, and include (but not limited to) the following information and detail: (1) Street closures and detours including pedestrian access and detours; (2) construction, warning, detour and restric tion signs, including "No Parking", “Loose Gravel”, “Construction Area Speed limit Signs,” and “Bump Ahead” signs; (3) temporary striping and pavement markers; (4) barricades; (5) flashing arrow signs; (6) lighted message boards; (7) portable delineators; (8) traffic cones; (9) lights, flares, flaggers, and spacings.

A copy of the approved Traffic Control Plan must be kept at the job site at all times.

Temporary lane closures will be allowed only during approved working hours. Contractor shall provide at least one lane in each direction on all existing streets throughout the construction project unless otherwise approved in writing by the Engineer.

When work is performed within an intersection, the Contractor shall place the traffic signal in red flash. The Contractor shall submit notification at least 48 hours in advance of placing a traffic signal on flashing red. The City shall provide written approval prior to signal reprogramming. If no work is being performed with an intersection, the Contractor shall place the traffic signal into normal operations. Flaggers are required to control traffic at intersections placed in red flash.

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The Contractor shall cooperate with and notify the local police and fire department, ambulance services, post office, refuse collectors, Goleta Union School District, Santa Barbara Unified School District, Santa Barbara Metropolitan Transit District, and residents of proposed construction operations and traffic control operations a minimum of ten (10) working days before work is to begin in each work area. If changes are made to the traffic control plan, Contractor shall re-notify at least two (2) working days before work is to begin.

In addition, the Contractor shall make available a 24 -hour telephone number in case of emergencies and/or problems.

The Contractor will be responsible for notifying residents and businesses five (5) calendar five (5) working days in advance of the proposed construction. Notifications shall be distributed to residents and businesses within a 100 feet radius of the job limits, including residents and businesses located on streets adjacent to the construction.

Notifications to affected residents and businesses within the project area shall consist of two (2) phases.

The first phase notifies the affected residents and businesses of the upcoming construction through the use of “door hanger” type formatted notifications. The notification shall state the street name, the working hours, and the anticipated beginning and completion dates for each street, and a color -coded map. A sample of the required notification is located within Appendix D of these Special Provisions. The Contractor shall distribute the door hanger notifications a minimum of five (5) working days in advance of the work.

At the pre -construction meeting, Contractor shall provide the Engineer a copy of the proposed notification letter for acceptance.

Notifications shall be tucked neatly in doorjambs, handles, or partially under mats.

Notifications shall not be glued, stapled, tacked, or otherwise attached to property. The Contractor shall take care to stay on designated walkways during delivery of notifications and be polite to citizens encountered.

The second phase consists of the Contractor posting “No Parking” signs on barricades 48 hours prior to the work. The “No Parking” signs shall also include the exact working day that the resurfacing work will take place. A warning indicating that vehicles will be towed away at the owner’s expense shall also be included on the “No Parking” signs. In addition, the Contractor shall make available a 24-hour telephone number in case of emergencies and/or problems and shall post the telephone number on the “N o Parking” signs. At the pre - construction meeting, Contractor shall submit to the Engineer a sample “No Parking” sign for acceptance. The Contractor shall be responsible for placing temporary “No Parking” signs in advance of any construction activity. Barricades shall be placed a maximum of 500 feet apart, on both sides of the affected street.

The Contractor shall be responsible for placing “Construction Speed Limit” signs on both sides of the affected street one (1) hour prior to the Street being opened to traffic. The speed limit for the “Construction Speed Limit” signs cannot be less than 10 mph below the posted ADDENDUM 1
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speed. At the pre-construction meeting, Contractor shall submit to the Engineer a sample “Construction Speed Limit” sign for acceptance. Signs shall be placed a maximum of 500 feet apart, on both sides of the affected street.

Emergency access to driveways, intersections, and residential streets shall be maintained at all times. If vehicles are parked in the working area, the Contractor shall not attempt to move the vehicle. The Contractor shall notify the Engineer immediately, and the Engineer shall make proper arrangements to remove the vehicle.

Lane and street closure shall not be allowed without proper advance warning devices, signing and flag persons in conformance with the State Standard Specifications and these Special Provisions. At the completion of each working day, all lanes of traffic shall be open to the public. Street closure shall not be allowed on schedule refuse collections days.

No separate payment will be made for any item of Traffic Control and Maintenance set forth in the State Standard Specifications to be paid for as extra work. Full compensation for all Traffic Control and Maintenance shall be included in this bid item.

The provisions in this section will not relieve the Contractor from his/her responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7 -1.04 PUBLIC SAFETY of the State Standard Specifications.

Full compensation for complying with the above requirements shall be considered as included in the contract price paid for “Traffic Control, Traffic Control Plan, and Traffic Control Maintenance” and no additional compensation will be allowed.

12-1.01C Traffic Control
Traffic Control shall include all labor, tools, equipment and materials required to provide, maintain, and remove all signage, flagmen, temporary barricades, and appurtenances to provide traffic control within the project limits as set forth in the State S tandard Specifications, these Special Provisions, and as directed by the Engineer.

A specialty construction zone traffic control Contractor, shall be responsible for setting up and removing all traffic control. A specialty Contractor includes a Contractor whose operations are concerned with preparing or removing roadway construction zon es, lane closures, flagging, or traffic diversions on roadways, utilizing portable devices, such as cones, delineators, barricades, sign stands, flashing beacons, flashing arrow trailers, and changeable message signs, on roadways including, but not limite d to, public streets, highways, or any public conveyance.

The Contractor shall have on their payroll a person responsible for all traffic control required for this project. The person shall be on site at all times whenever traffic control is in effect.

Contractor shall identify this person at the pre-construction meeting.

Should the Contractor decide to subcontract the traffic control portion of this project, the subcontractor shall be available as previously described. In addition, the Contractor shall ADDENDUM 1
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also appoint a person to oversee the traffic control operations. The Contractor's appointee shall be available and responsible to implement the necessary traffic control plan according to the accepted traffic control plan and the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD).

Any vehicle used to place, maintain, or remove components of a traffic control system on multilane highways at night shall be equipped with a Type II flashing arrow sign which shall be in operation at all times while the vehicle is being used for placing, maintaining, or removing said components. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion.

During the working hours as set forth above, the Contractor may, with the Engineer's approval, close one of the traffic lanes in each direction to perform the required work. Lane closure shall not be allowed without proper advance warning devices and signing, and flag person control in conformance with the State Standard Specifications, and these Special Provisions. The Engineer shall be the sole judge of the spacing, length, and sequence of the lane closure areas. At the completion of each working day, all existing lanes of traffic shall be maintained open to traffic and temporary traffic markers shall be placed (if necessary). Provisions must be made for the uninterrupted passage of emergency vehicles through the project limits at all times, regardless of controlled traffic conditions existing at the time.

If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said co mponent and shall restore the component to its original location.

The Contractor shall be responsible for making access available at any time during the workday to emergency vehicles such as fire/rescue units, ambulances, and police cars.

The Contractor shall cooperate and allow the City work crews to use the traffic control system when set up for the Contractor's work. The Contractor is not obligated to maintain the traffic control system beyond his/her scheduled activities.

Full compensation for complying with the above requirements shall be considered as included in the contract price paid for “Traffic Control, Traffic Control Plan, and Traffic Control Maintenance” and no additional compensation will be allowed.

Intersection Detours plan shall be submitted and accepted to the Engineer at least five (5) working days prior to the start of any work. When the intersection detour plan is in place the intersection shall be in red flash, have flaggers, and kept open to through traffic.

At all intersections, the Contractor shall provide a minimum of two ( 2) flaggers per intersection while the intersections are in red flash, as determined by the Engineer.

The Contractor shall diligently progress with operations within signalized intersections and communicate with the Engineer for restoring signalized intersections to normal ADDENDUM 1
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operations once the Contractor’s operations are complete within the limits of signalized intersections.

12-1.01D Contractor Conformance to Traffic Lane Closure Hours Non-compliance with the traffic lane closure hours will result in a deduction from the Contractor's progress payment as outlined in Section 8-1.10B FAILURE TO COMPLETE WORK PARTS WITHIN SPECIFIED TIMES of these Special Provisions.

Delete Section 12-1.04 Payment:

Replace Section 12-3.01D Payment with:

Notwithstanding any provisions of the State Standard Specifications and these Special Provisions to contrary, the contract lump sum price for “Traffic Control, Traffic Control Plan, and Traffic Control Maintenance” will constitute full compensation for furnishing, installing, and removing traffic control devices, including signs, covers, lights, flares, cones, barricades, flagmen, and other items necessary for the safety, sole convenience, and direction of public tra ffic through and around the work area, as specified in the State Standard Specifications, these Special Provisions, and as directed by the Engineer.

The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.04 PUBLIC SAFETY of the State Standard Specifications.

Replace Section 12-3.02 TRAFFIC CONES with:

During the hours of darkness traffic cones shall be affixed with reflective cone sleeves.

The reflective sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legal high beam headlights, by persons with vision of or corrected to 20/20.

Reflective cone sleeves shall conform to the following:

1. Removable flexible reflective cone sleeves shall be fabricated from the reflective sheeting specified in the se Special Provisions, have a minimum height of 13 inches and shall be placed a maximum of 3 inches from the top of the cone. The sleeves shall not be in place during daylight hours.

2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from the semitransparent reflective sheeting specified in the se Special Provisions, have a minimum height of 13 inches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic cones with semitransparent reflective cone sleeves may be used during daylight hours.

3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top band shall be 6 inches in height, placed a maximum of 4 inches from the top of the cone. The lower band shall be 4 inches in height, ADDENDUM 1
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placed 2 inches below the bottom of the top band. Traffic cones with double band reflective cone sleeves may be used during daylight hours.

The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project.

The Contractor shall be responsible for informing the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. The Contractor shall p rovide and maintain all traffic control and safety items. The Contractor assumes sole and complete responsibility for job and site conditions during the course of construction, including safety of all persons and property.

This requirement shall apply continuously 24 hours/day and shall not be limited to normal working hours.

Full compensation for complying with the above requirements shall be considered as included in the contract price paid for “Traffic Control, Traffic Control Plan, and Traffic Control Maintenance” and no additional compensation will be allowed.

Add to Section 12-3.11 CONSTRUCTION AREA SIGNS:

Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12 TEMPORARY TRAFFIC CONTROL of the State Standard Specifications and these Special Provisions.

Add to Section 12-3.32 PORTABLE CHANGEABLE MESSAGE SIGNS:
12-3.32 PORTABLE CHANGEABLE MESSAGE SIGN
In addition to Section 12-3.32 PORTABLE CHANGEABLE MESSAGE SIGNS of the State Standard Specifications, portable changeable message sign shall be furnished, placed, operated and maintained for the duration of the project at those locations indicated on the plans or where designed by the Engineer in conformance with the provisions in Section 12 TEMPORARY TRAFFIC CONTROL of the State Standard Specifications and these Special Provisions. Contractor shall provide portable changeable message signs at the following locations:

See Appendix I for locations of changeable message signs.

Portable changeable message signs shall be placed at least ten (10) working days prior to the start of any work and shall remain in place until all work (including striping) is complete. Changeable messages signs shall state the street the work is taking place, the dates, and the time of work. Changeable messages signs shall be turned off after the completion of the final striping application and shall be turned on five (5) working days prior to striping placement.

The contract unit price paid per each Portable Changeable Message Signs shall include full compensation for furnishing all labor, materials, tools, equipment, maintenance, removal, and incidentals, and for doing all work involved in placing and maintaining Changeable Message Signs, complete in place, as shown on the plans, as specified in ADDENDUM 1
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the State Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor

Add to Section 12-4.01C Construction:

Provide the following Temporary Traffic Control Measures:

1. Provide detours for emergency vehicles during closures

2. Notify the residents or owners of any properties within a 100 feet radius of the job limits of the construction schedule at least five (5) calendar five (5) working days before construction activities that affects their access to nearby streets or directly impacts access to their property

3. Provide access to all affected properties during construction

4. Provide alternative routes for bicycles and pedestrians as needed

Add between the 1st and 2nd paragraphs of Section 12-4.02A(3)(c) Contingency Plan for Closures:

Submit a contingency plan for each of the following activities:

1. HMA paving.

2. Shifting traffic between stages.

3. Striping

Add to the end of Section 12-4.02C(1) General:

Keep the full width of the traveled way open to traffic when no active construction activities are occurring in the traveled way or within six (6) feet of the traveled way.

Keep the full width of the ramp traveled way open for use by traffic on designated holidays.

Add to the end of Section 12-4.02C(3)(a) General of the RSS:

If work vehicles or equipment are parked on the shoulder within six (6) feet of a traffic lane of a freeway or expressway, close the shoulder area as shown on Standard Plan T10.

Replace the 1st paragraph of Section 12-4.02C(7)(a) General of the RSS with:

Control traffic using stationary closures, except the Contractor may use a moving closure during traffic striping and pavement marker placement using a bituminous adhesive. Do not use a moving lane closure when grinding for recessed striping and recessed markers.

Add to the end of Section 12-4.02C(7)(b) Stationary Closures of the RSS:

Except for one-way-reversing traffic-control lane closures, the maximum length of the work area inside a closure is 0.5 miles.

Not more than two (2) stationary closures are allowed in each direction of travel at one time.

Unless authorized by the Engineer, concurrent stationary closures in the same direction of travel must be spaced no closer than one (1) mile apart Closure spacing is the distance between the last cone of the upstream closure and the temporary sign W20-1 of the downstream closure. The number of lanes open in the ADDENDUM 1
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upstream closures must be less than or equal to the number of lanes open in the downstream closures. For multiple closures in each direction of travel, pick up the downstream closures first.

Replace Reserved in Section 12-8 MEASUREMENT AND PAYMENT with:

MEASUREMENT AND PAYMENT
All work for traffic control including the work identified in this section shall be included in the lump sum item for “Traffic Control, Traffic Control Plan, and Traffic Control Maintenance” in the Bid Schedule. The work shall include full compensation for furnishing all labor including flagging costs, materials (including signs, barricades, delineators, CMS s, and other warning devices), tools, equipment, and incidentals, for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system, postings, notifications, street closures, temporary pavement delineation, as specified in the State Standard Specifications and these Special Provisions, and as directed by Engineer.

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13 WATER POLLUTION CONTROL

In addition to the requirements of Section 13 WATER POLLUTION CONTROL of the State Standard Specifications, Best Management Practices (BMP) devices conforming to those shown within Appendix J of these Special Provisions shall be installed and maintained by the Contractor. BMP’s shall remain in place during the full construction processes, plastic and or roofing paper is not acceptable to be used for drainage covers. If the Engineer determines that there are deficiencies that need attention, the Contractor shall make all the necessary changes within 12 hours. If the Contractor does not complete these changes within the 12-hour period, the Contractor will be charged $500 per hour until the necessary changes are addressed completely in place to the satisfaction of the Engineer.

Add to Section 13-2.01C Submittals:

A Water Pollution Control Plan template can be found in Appendix K.

Replace Section 13-2.04 PAYMENT with:

13-2.04 Payment
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for lump sum of “Development, Placement, and Maintenance of Water Pollution Control Plan and shall include development of plan, materials, application of the materials, maintenance, including labor, equipment, tools and incidentals for this item of work and no additional compensation will be allowed therefor.

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14 ENVIRONMENTAL STEWARDSHIP
Replace Section 14-2.03A General with:

If archaeological materials, including but not limited to human skeletal material and disarticulated human bone, are discovered at the job site, protect and leave undisturbed and in place archaeological materials in accordance with the following codes and these Special Provisions:

1. California Public Resources Code, Division 5, Chapter 1.7 § 5097.5

2. California Public Resources Code, Division 5, Chapter 1.75 § 5097.98 and § 5097.99

3. California Administrative Code, Title 14 § 4308

4. California Penal Code, Part 1, Title 14 § 622-1/2

5. California Health and Safety Code, Division 7, Part 1, Chapter 2, § 7050.5 Immediately upon discovery of archaeological materials, stop all work within a 60 -foot radius of the archaeological materials and immediately notify the Engineer who will then notify the City. Archaeological materials found during construction are the property of the State. Do not resume work within the 60 -foot radius of the find until the Engineer gives the Contractor written approval. If, in the opinion of the Engineer, completion of the work is delayed or interfered with by reason of an archeological find or investigation or recovery of archeological materials, the Contractor will be compensated for resulting losses and an extension of time will be granted in the same manner as provided for in Section 8-1.07 DELAYS of the State Standard Specifications.

If remains of Native American origin are discovered during project construction, it will be necessary to comply with state laws concerning the disposition of Native American burials, which fall within Native American Heritage Commission (NAHC’s) jurisdiction (PRC 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the following steps occur:
• The Santa Barbara County coroner (805 -681-4145) has been informed and has determined that no investigation of the cause of death is required. If the remains are of Native American origin, one of the following occurs:
• The descendants of the deceased Native Americans have made a recommendation to the landowner or person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC 5097.98. • NAHC has been unable to identify a descendant, or the descendant failed to make a recommendation within twenty-four (24) hours after being notified.

According to the California Health and Safety Code, six (6) or more human burials at one location constitute a cemetery (Section 8100) and disturbance of Native American cemeteries is a felony (Section 7052). Section 7050.5 requires that construction or ADDENDUM 1
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excavation be stopped in the vicinity of discovered human remains until the coroner can determine whether the remains are Native American. If the remains are determined to be Native American, the coroner must contact NAHC within twenty-four (24) hours.

Archaeological materials are the physical remains of past human activity and include historic-period archaeological materials and prehistoric Native American archaeological materials. Nonhuman fossils are not considered to be archaeological except when showing direct evidence of human use or alteration or when found in direct physical association with archaeological materials as described in these Special Provisions.

Historic-period archaeological materials include cultural remains beginning with initial European contact in California, but at least fifty (50) years old. Historical archaeological materials include:

1. Trash deposits or clearly defined disposal pits containing tin cans, bottles, ceramic dishes, or other refuse indicating previous occupation or use of the site

2. Structural remains of stone, brick, concrete, wood, or other building material found above or below ground or

3. Human skeletal remains from the historic period, with or without coffins or caskets, including any associated grave goods
Prehistoric Native American archaeological materials include:

1. Human skeletal remains or associated burial goods such as beads or ornaments

2. Evidence of tool making or hunting such as arrowheads and associated chipping debris of fine-grained materials such as obsidian, chert, or basalt

3. Evidence of plant processing such as pestles, grinding slabs, or stone bowls

4. Evidence of habitation such as cooking pits, stone hearths, packed or burnt earth floors or

5. Remains from food processing such as concentrations of discarded or burnt animal bone, shellfish remains, or burnt rocks used in cooking The City may use other forces to investigate and recover archaeological materials from the location of the find. When ordered by the Engineer, furnish labor, material, tools and equipment, to secure the location of the find, and assist in the investigation or recovery of archaeological materials and the cost will be paid for as extra work as provided in Section 4-1.05 CHANGES EXTRA WORK of the State Standard Specifications and these Special Provisions.

Add to Section 14-6.03B Bird Protection:

If tree removal is to take place between February 1 through September 30, a qualified biologist retained by the City will conduct a “Preconstruction Nesting Bird Survey” to determine the presence of nesting special -status and non-special-status migratory birds and raptors on the project site. This will be done three (3) working days prior to the start of the construction and the Contractor shall coordinate their schedule to accommodate ADDENDUM 1
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this survey. Where presence of these species is found in the construction area, the City’s biologist will establish and determine the size of a buffer zone around nest trees, shrubs and ground.

The Contractor shall install a temporary high -visibility fence along the buffer zone perimeter of each nest tree, shrub or ground.

Signs shall be installed on, or adjacent to, the temporary fence at two equidistant locations; and shall be visible from where the construction activity area. The size of each sign shall be a minimum of 24 in. x 24 in. and shall contain the following message:

“WARNING. THIS FENCE SHALL NOT BE REMOVED OR RELOCATED WITHOUT WRITTEN AUTHORIZATION FROM THE CITY OF GOLETA.”

Replace Reserved in Section 14-6.05 with:
14-6.05 OAK ROOT PROTECTION
Do not operate equipment within the dripline of oak trees.

Replace the 2nd paragraph of Section 14-8.02 NOISE CONTROL with:

The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 A-weighted decibels ( dbA) at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.

In addition, the Contractor shall conform to the City Goleta Municipal Code Section

17.39.070 NOISE.

All noise-generating project construction activities are limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. Exceptions must be requested in writing and authorized by the Engineer. Prepare a Noise Mitigation Measures submittal for approval in advance of any construction activities planned to be performed after hours or on weekends/holidays. Post a sign at least 24 X 48 inches in size stating the noise limitations at the job site.

Each internal combustion engine, used for any purpose on the job, or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. Internal combustion engines without an appropriate muffler are not allowed on the job site.

Follow the following general noise reduction strategies:

1. Use modern construction equipment

2. Plan noisiest operations for times of least intrusion

3. Use quieter alternate methods or equipment when possible

4. Locate stationary noise sources away from sensitive receiver locations

5. Operate equipment at minimum power as feasible
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In addition to the requirements of Section 14-8 NOISE AND VIBRATION of the State Standard Specifications, noise level requirements shall apply to all equipment used on the project including, but not limited to, trucks, transit mixers or transient equipment that may not be owned by the Contractor. The use of loud signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Replace Reserved of Section 14-9.04 with:
14-9.04 CONSTRUCTION DUST CONTROL
Apply water or dust palliative to the site and wash equipment as necessary to control airborne dust. During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp to prevent dust from leaving the site and to create a crust after each day’s activities cease. At a minimum, wet down such areas in the late morning and after work is completed for the day. Increase watering frequency whenever wind speed exceeds fifteen (15) miles per hour. Dust emissions at adjacent propert y lines must not exceed twenty (20) percent opacity more than an aggregate of three (3) minutes in any sixty (60)-minute period.

Grading and scraping operations must be suspended when wind speeds exceed twenty (20) mph.

Minimize the amount of disturbed area and limit on -site vehicle speeds to fifteen (15) miles per hour.

Install gravel pads at construction site access points. All gravel, dirt, and construction material must be cleaned from the public right-of-way at a minimum of once a day at the end of the work day.

If importation, exportation, and stockpiling of fill material is needed, soil stockpiled for more than two (2) days must be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site must be tarped.

If an area is graded and left undeveloped for over four weeks utilize soil binders or revegetation immediately to inhibit dust generation:

No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion).

No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers.

Any and all debris resulting from demolition or construction activities shall be removed from the project site within 24 hours of completion of the project.

Demolition or construction debris and sediment shall be removed from work areas each day that demolition or construction occurs to prevent the accumulation of sediment and other debris that may be discharged into coastal waters.

All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day.

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The applicant shall provide adequate disposal facilities for solid waste, including excess concrete, produced during demolition or construction.

Debris shall be disposed of at a permitted disposal site or recycled at a permitted recycling facility. If the disposal site is located in the coastal zone, a coastal development permit or an amendment to this permit shall be required before disposal can take place unless the Engineer determines that no amendment or new permit is legally required.

Water for construction purposes as required by these Special Provisions will be provided by the Goleta Water District at the Contractor's expense. The City encourages the Contractor to use reclaimed water when a fill station is located nearby.

Water required for controlling dust, caused by the Contractor's operations and the passage of traffic through the construction site shall be applied as necessary, at the Contractor's expense. The Contractor shall, whenever possible and not in conflict with these Special Provisions, minimize the use of water during construction of the project.

Watering equipment shall be kept in good working order and water leaks shall be repaired promptly.

Add to the end of Section 14-11.02 DISCOVERY OF UNANTICIPATED ASBESTOS AND HAZARDOUT SUBSTANCES:

In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.07 DELAYS of the State Standard Specifications and these Special Provisions.

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DIVISION III EARTHWORK AND LANDSCAPE
15 EXISTING FACILITIES
Add to the end of Section 15-1.03A General:

In addition to Section 5 -1.36 PROPERTY AND FACILITY PRESERVATION the State Standard Specifications the following shall apply. Contractor shall protect existing pavement, striping, manholes, utilities, sidewalks, curbs, gutter, curb ramps, valley gutters, and driveways at all equipment crossings. Contractor shall provide materials to shore and brace excavation areas in order to prevent existing structures, private properties and permanent i mprovements from failure or damage during construction. If requested, provide shoring design calculations and details for review by Engineer.

Damage to existing structures, private properties, and permanent improvements due to construction work conducted by Contractor shall be restored to existing or better condition with no additional cost to City.

Contractor agrees to assume sole and complete responsibility for protection of public and private property in the vicinity of the job site and further agrees to, at Contractor's expense, repair or replace to original condition all existing improvements within or in the vicinity of the job site which are not designated for removal, and which are damaged or removed as a result of Contractor's operations.

Repair or replacement must be completed within three (3) working days from the date the damage occurred, unless immediate repair or replacement is determined to be necessary by Engineer. If Contractor fails to restore existing improvements in a timely manner, within the timeframe specified, City may complete the work and costs will be deducted from payments due Contractor.

Contractor must coordinate operations such that damage to newly constructed improvements is avoided. In the event newly constructed improvements, shown on the Contract Documents, interfere with other project work or is necessary for safety or access and must be removed and replaced, City will only pay for the improvements to be constructed one time. Multiple replacements or work necessary for the convenience of Contractor shall be considered performed at Contractor’s expense.

20 LANDSCAPE
Add to Section 20-1.01 GENERAL:

This item includes trimming vegetation and tree canopies . All work associated with this item is as described herein. Contractor shall coordinate with Engineer to have City Arborist onsite to review and monitor work as needed and receive approval from City Arborist prior to all trimming vegetation and tree canopies. When requesting City Arborist presence on worksite, Contractor shall provide a minimum of 72-hour notice.

Contractor shall have the following tools available at all times for trimming:

• Hand saw
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• Pole saw
• Lopper
• Axe
• Hatchet
• Digging bar/spud bar (with cutting end)
• Chainsaw
• Belt sander (60 grit)
• Bosch multi-tool (or similar)
• Reciprocating saw/saws all

Trimming, pruning and removal by other means not listed above is subject to approval by City Arborist.

Replace Reserved in Section 20-1.03F with:

20-1.03F Tree Trimming

20-1.03F(1) Tree Trimming
Contractor shall trim tree canopies at certain intersections where the canopies currently obstruct the visibility of the traffic signal or signage. Contractor shall trim the canopies so that they are at least 15 feet above the roadway surface. Vegetation shall be trimmed a minimum of twelve (12) inches beyond the edge of pavement construction limit, or as necessary for paving operations, HMA dike construction, or concrete improvements.

Landscaping shall be restored back to existing conditions or as close t o existing conditions as feasibly possible.

1. Pruning of any root that is 2 inches in diameter or larger shall be performed under the direct supervision of an International Society of Arboriculture (ISA) certified arborist. All root pruning shall comply with ANSI A300, Part 8 (2020) “Root Management” specifications 85 and 86.2 - 86.4 as well as ANSI A300, Part 5 (2019) “Management of Trees During Construction” specification 55.3.

20-1.03F(2) Damage To Trees

If Contractor damages trees, beyond the root and canopy pruning required to complete construction (as specified by the Certified Arborist), Contractor shall then provide restitution to the City. For trees destroyed, removed, or significantly damaged, restitution shall be calculated using the Cost Approach with the Reproduction Method with the Trunk Formula Technique as set forth in the “Guide for Plant Appraisal, 10 th Edition Revised”.

For trees with damage that can be repaired (below the levels of destr oyed, removed, or significantly damaged), restitution shall be calculated using the Cost Approach with the Repair Method with the Direct Technique as set forth in the aforementioned Guide. The damage assessment and above calculations will be performed by the Certified Arborist.

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Add to the end of Section 20-1.04 PAYMENT:

Measurement and Payment for “Trim Vegetation/Tree Canopy in Work Zone” will be paid at the contract unit price as indicated in the Bid Schedule. The unit costs will include full compensation for furnishing all labor, materials, tools, equipment, transportation, disposal and incidentals; coordination with City Arborist; and incidentals necessary to complete the work in accordance with the State Standard Specifications and these Special Provisions. Payment for this item will only be made on an allowance basis and only for the work completed. The Contract will have no claim to that portion of the allowance which is not necessary for the project.

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DIVISION V SURFACINGS AND PAVEMENTS

37 BITUMINOUS SEALS

Replace Section 37-3.01C(3)(f) Equipment Calibration with:

Each mixer/spreader truck used on the project shall be calibrated in accordance with California Test 109. The trucks shall be calibrated for rock, emulsion, cement, additives, and any mineral filler used. Calibrations shall take place ten (10) working days prior to application of Slurry Seal. The Contractor shall notify the Inspector a minimum of three (3) working days prior to calibration so that City representatives may make arrangements to observe.

For all material calibrated, three (3) consecutive runs per gate setting shall be completed and these three test runs must not deviate from their combined mathematical average by more than 2.0%.

Calibrations will take place at most once a week or as required by the Engineer and no machine will be allowed to work on the project until the calibration has been completed and/or accepted five (5) working days before the start of work. Calibration shall take place within a 45 mile radius of City of Goleta City Hall.

Replace Section 37-3.01C(5)(e) Maintenance Sweeping with:

After completing, setting, and rolling the slurry seal, any loose material shall be immediately removed by sweeping with a vacuum sweeper on the day of application.

Interim sweeping using a vacuum regenerative sweeper shall be accomplished as more loose material appears. At a minimum, interim sweeping shall be accomplished on the 3rd, 7th, 10th, 14th, 17th, and 21st day after surfacings. A final post -construction sweeping of all the maintenance streets shall be performed thirty (30) calendar days after completion of all surfacings.

Prior to each sweeping, the Contractor shall remove all loose aggregate from the, curbs, gutters, driveways, sidewalks, and abutting adjacent areas. Once complete, the Contractor shall sweep the roadway surface.

The sweeping includes blowing/sweeping sidewalks, curbs, gutters, driveways, and streets and adjacent streets in the project area. The Contractor shall sweep the Slurry - Sealed streets and adjacent areas with a self -propelled vacuum or regenerative air sweeper. Any additional sweepings required to remove excess material shall be performed as directed by the Engineer at no additional expense to the City.

Entire street surfaces, including sidewalks and driveways, shall be swept to the satisfaction of the City. No loose material will be allowed in the street, gutters, sidewalks, or other areas. If necessary, Contractor shall employ additional vacuum sweepers to remove the loose materials.

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Final cleaning of the streets shall include removal of any tracked material, misapplied slurry seal, cleaning of all utility covers of any new or old materials, and removal of any miscellaneous debris resulting from construction activities.

Replace Section 37-3.01D Payment with:

Full compensation for equipment calibration shall be considered as included in the contract price paid for the slurry seal bid quantity of work, and no additional compensation will be allowed.

Measurement and payment for sweeping will be paid on a unit cost basis as identified in the Bid Schedule and include full compensation for furnishing all labor, materials, tools, equipment, hauling, disposal, and incidentals, providing quality control, and for doing all the work involved in sweeping after application of slurry seal on the project streets as shown on the plans, as specified in the State Standard Specifications and in these Special Provisions, and as directed by Engineer.

Add to Section 37-3.02A(4)(c) Department Acceptance:

Engineer’s Acceptance

Sampling for testing will be taken of the slurry seal in place, at Contractor’s expense, to determine the amount of material used. Compliance with the mix design will be verified using City’s testing laboratory. Engineer may sample material from stockpil es, trucks, application equipment, or during application.

Replace Section 37-3.02B(1) General with:

At least ten working days prior to starting work on placing the slurry seal, Contractor shall submit a mix design for Type II slurry seal. The design shall be prepared in accordance with the International Slurry Seal Association Design Technical Bulletin No. 111. A change in either the aggregate or emulsion during the course of work will require the preparation of a new mix design. In addition to the requirements of Bulletin No. 111, the slurry seal mix design shall also contain 2.5 percent latex.

Add to Section 37-3.02B(2) Asphaltic Emulsions:

Asphaltic emulsion shall be cationic type polymer modified asphaltic emulsion Grade PMCQS-1h.

The asphalt emulsion shall be grade PMCQS1h and shall conform to the following requirements:

Type II Slurry Seal
Type Cationic
Grade PMCQS1h
Properties Min. Max
Tests on Emulsion:

Viscosity SSF @ 25°C, sec
AASHTO Designation T-59
15 90
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Sieve Test, %
AASHTO Designation T-539
— 0.30
Settlement, 5 days, max b
ASTM D 244
— 5%
Storage Stability, 1 day, %
AASHTO Designation T-59
— 1
Residue by Evaporation, %
California Test 331
64 —
Particle Charge
AASHTO Designation T-59
Positive

Tests on Residue from Evaporation
Test

Penetration, 25°C AASHTO
Designation: T 49
40 90
Ductility, 25°C, mm
AASHTO Designation: T 51
400 —
Torsional Recovery, %
California Test 332
21 —
or
Polymer Content, %
California Test 401
3 —
Note:

When the test for polymer content of polymer modified asphaltic emulsion is used, see sampling requirements in Section 94-

1.02D POLYMER MODIFIED ASPHALTIC EMULSIONS of the
State Standard Specifications.

bWaived if used within 48 hours of shipment.

Add to Section 37-3.02C(1) General:

General

Contractor shall plan for proper quantities for daily placement of slurry so that it can be fully cured prior to removal of all traffic control. All work, including traffic control, must be removed and open to traffic by the end of the roadways last working hour . Failure to comply will result in either liquidated damages as described in Section 8-1.10B FAILURE TO COMPLETE WORK PARTS WITHIN SPECIFIED TIMES of these Special Provisions or suspension of work.

The minimum width of a traffic lane shall be twelve (12) feet unless approved by the Engineer. One-way traffic control will not be allowed for any arterial streets.

Preparation

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All vegetation on pavement surfaces to be slurry sealed shall be removed completely in advance of the slurry seal and as required by Engineer.

The roadway shall be crack sealed prior to slurry seal application.

Low areas and where the pavement has raveled to create holes shall be skin patched prior to slurry sealing.

Slurry seals shall not be placed when the atmospheric temperature is below 65 degrees Fahrenheit or during unsuitable weather, unless approved otherwise by the Engineer.

Contractor shall remove and dispose of all painted, preformed, and thermoplastic paint markings; and all raised pavement markers prior to placing slurry seal. Removal methods shall conform to Section 84 -9 EXISTING MARKINGS of the State Standard Specifications.

It is Contractor’s responsibility to clean pavement surfaces prior to application of the slurry seal. Surfaces shall be free of clay, dust, weeds, and other objectionable materials which may adversely affect bonding of the slurry seal. Cleaning equipment shall be capable of effectively removing clay, dust, and other objectionable materials from the pavement surfaces. Protection and maintenance of the street surface, to the condition required for proper slurry seal application, shall be the sole responsibility of Contractor. Contractor shall reseal all areas of the pavement which have not been sealed properly and completely or have been damaged by traffic.

All surface oil and grease shall be removed, or sealed with emulsified gilsonite or an approved equivalent, prior to application of the slurry seal.

The sites for stockpiling and batching materials shall be clean and free from objectionable materials and shall be located outside the road right -of-way. The Contractor shall be responsible for arranging these sites. If on private property, a written agreement shall be approved by the City prior to commencing operations.

The Contractor shall tie off survey monuments, manholes, water valves, etc., prior to the application of the slurry seal. Immediately before commencing the slurry seal operation, all surface metal utility covers (including survey monuments) shall be protected by thoroughly covering the surface with an appropriate adhesive and oiled or plastic paper.

No adhesive material shall be permitted to cov er, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurry material by the end of the same workday.

No slurry seal shall be placed until the pavement area has been prepared to the satisfaction of the Engineer, including tie downs for striping dimensions.

Test Strip

The Contractor shall construct a test strip for evaluation by the Engineer ten (10) working days prior to the slurry application and notification. The test strip shall be 500 ft to 1,000 ADDENDUM 1
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ft long, shall consist of the application courses specified. The test strip shall be constructed at the same time of day or night that the full production of slurry will be placed and may be constructed in two (2) days when multiple course applications are specified.

The Engineer will evaluate the test strip during the application of the test strip to determine if the mix design and placement procedure are acceptable. If the mix design or the placement procedure is determined by the Engineer to be unaccep table, the test strip will be rejected, the Contractor shall make modifications, and a new test strip shall be constructed and evaluated by the Engineer. The Contractor will be permitted to notify resident after the Engineer accepts the test strip in writi ng. The cost of materials and placement of the test strips and the test strips which have been rejected shall be borne by the Contractor and will not be considered as part of the contract work.

If ordered by the Engineer, rejected test strips shall be re moved at the Contractors expense.

Add to Section 37-3.02C(4) Placement:

Application

Slurry seal shall be placed at least 24 hours after placement of crack seal. Type II slurry seal shall be applied onto the gutter lip but shall not extend more than 2-inch onto the gutter lip.

Type II Slurry Seal shall be spread at a rate within 15 to 17 pounds of dry aggregate per square yard. The exact rate will be determined by the Engineer. The completed spread shall be within 10 percent of the rate determined by the Engineer.

In addition to the requirements specified in this Section, the Contractor shall remove all vegetation from the surface of and cracks in existing paved surfaces and along the edge of pavement or gutter lips prior to placing Slurry Seal. Pavements impregnated with grease, oil, or fuel shall be thoroughly scrubbed with water and an approved detergent and then flushed and swept clean. Flushing will not be allowed except to clean scrubbed areas.

After the emulsion has broken, the slurry seal shall be rolled with self-propelled pneumatic-tired rollers shall be used for the required rolling of the Slurry Seal. Steel wheel rollers shall not be used. The pneumatic -tired rollers shall carry a minimum loading of 3,000 pounds (1,361 kg) on each wheel and a minimum pressure of 90 pounds per square inch in each tire. Foam filled tires will be allowed in lieu of 90 psi.

Rolling of the Slurry Seal coat shall consist of a minimum of nine complete passes on straight roadway sections and fifteen complete passes on cul-de-sac bulbs. Rolling shall begin one day after the Slurry Seal application.

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Adequate means shall be provided to protect the slurry seal from damage by traffic until such time that the mixture has cured sufficiently so that a slurry seal will not adhere to and be picked up by the tires of the vehicles. In the event the slurry seal does not set in eight hours, Contractor shall not be allowed to place additional material the following day without approval of Engineer.

Hand tools shall be available in order to remove spillage. Ridges or bumps in the finished surface will not be permitted.

The mixture shall be uniform and homogeneous after spreading on the road and shall not show separation of the emulsion and aggregate after settling.

Any slurry seal tracked onto concrete facilities by Contractor’s vehicles and equipment or by resident’s vehicles shall be removed by power washing or other means at Contractor’s expense.

Replace Section 37-3.02D Payment with:

The Slurry Seal shall be paid for by tonnage used, and shall be determined from calibrations and revolutions per day and verified with weigh back tickets. The price for tonnage will be measured through revolutions per day and will include rock and emulsion revolution counts for payment. The revolutions for each truck will be submitted to the Inspector prior to the start of work and the final revolution count shall be submitted to the inspector at the end of the day for every day Slurry Seal is applied, work will not be permitted until these requirements are met.

All weight tickets including aggregate and emulsion tickets shall be turned in on a daily basis. Tickets for Material stockpiled at the stockpile and emulsion shall be submitted on a daily basis and no later than the end of the business day. Leftover stockpile aggregate shall be deducted and removed.

Measurement and payment for “Crack Seal and Slurry Seal (Type II)” shall be made at the contract unit price, as shown in the Bid Schedule. The contract unit price shall include full compensation for furnishing all labor, materials, tools, equipment, surface preparation, emulsified asphalt, aggregate, rock, pneumatic -tired rollers, calibrations, hauling, test strips, application of slurry seal, and all incidentals necessary to complete the work as specified in the Standard Specifications and these Special P rovisions. No additional compensation will be allowed therefor.

Add to Section 37-6.01A Summary:

This work shall consist of mechanically routing cracks, cleaning, applying sterilant, and filling the cracks with rubber asphalt joint seal as specified in these Special Provisions, and as directed by Engineer. All cracks 1/8-inch wide or wider shall be sealed.

Replace Section 37-6.02 MATERIALS with:

The crack sealant shall be a mixture of paving asphalt and ground rubber, and shall conform to ASTM D 5078, Type II.

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Replace Section 37-6.03 CONSTRUCTION with:

During all construction operations, Contractor shall protect cracks cleaned for sealing from intrusions of solid foreign materials into the groove or into the sealant. Immediately prior to applying the sealant, the cracks shall be mechanically routed and then cleaned with high pressure air jets to remove all residue and foreign material. Cracks wider than ¼-inch do not need to be routed prior to crack filling. Any cracks that contains existing weed growth shall be treated with an Environmental Protection Agency (EPA) approved herbicide composed of glyphosate and oryzalin, combined and applied according to label directions. Water jets will not be allowed. Crack surfaces shall be surface dry at the time the sealant is applied.

Crack seal materials shall be placed in conformance with the manufacturer ’s recommendations. Crack seal materials shall not be placed when the surface temperature is below 50 degrees Fahrenheit.

The finished crack seal shall be bonded to the crack such that there is no separation or opening between the sealant and the crack edge and there shall be no cracks, separation or other opening in the sealant.

Contractor shall remove crack seal material that is not placed within the conformance of these Special Provisions, clean cracks as specified herein and then reseal the cracks at their expense.

Replace Section 37-6.04 with:

The measurement and payment for crack sealing will be included in the contract unit price for “Crack Seal & Slurry Seal (Type II)”. No additional compensation will be allowed therefor.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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DIVISION IX TRAFFIC CONTROL DEVICES

84 MARKINGS
Replace Section 84-2.01A Summary of the RSS with:

Comply with Section 84 MARKINGS of the 20 18 State Standard Specifications for applying and constructing markings excepted as modified in these Special Provisions.

Markings must comply with the CA MUTCD.

Replace Section 84-2.01C Submittals of the RSS with:

The Contractor shall provide the following submittals, for the Engineer’s review and approval, for each lot and/or batch of traffic stripe material, pavement marking material, primer, and/or glass beads:

1. Certificate of compliance, including the material name, lot and/or batch number, and manufacture date

2. Materials Engineering and Testing Services notification letter stating that the material is authorized for use, glass beads only

3. Safety Data Sheet

4. Material Data Sheet for Thermoplastic, Paint, and/or Primer

5. Manufacturer’s Instructions

6. Certificate of Compliance for each color of pavement marking and/or traffic stripe

7. Certificate of Compliance for glass beads

8. Cut Sheet for temporary pavement markers

9. Pre-Construction existing striping plan

For each lot and/or batch of thermoplastic, submit a manufacturer ’s certificate of compliance and the following test results from the California Test 423:

1. Brookfield Thermosel viscosity

2. Hardness

3. Yellowness index, white only

4. Daytime luminance factor

5. Yellow color, yellow only

6. Glass bead content

7. Binder content

The date of the test must be within one (1) year of use.

Submit test results for each lot of beads specifying the EPA test methods used and tracing the lot to the specific test sample. The testing for lead and arsenic content must be performed by an independent testing laboratory.

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Submit the thermoplastic test stripe to the Engineer.

Submit to the Engineer, the retroreflectivity test result within five (5) days of testing the traffic stripes and pavement markings. The data must include the retroreflectivity, time, date, and Global Positioning System (GPS) coordinates for each measurement.

Replace Reserved in Section 84-2.02G of the RSS with:

Existing Painted Curb

Contractor shall replenish existing curb paint with the same color and within the existing limits, unless approved by the Engineer.

Paint shall be in accordance with Section 84-2.02G PAINT.

Replace Reserved in Section 84-2.02I of the RSS with:

Pavement Markers

Pavement Markers shall be in conformance with Section 81 -3 PAVEMENT MARKERS, of the 2018 State Standard Specifications.

Replace the 1st Paragraph in Section 84-2.03A General of the RSS with:

The Contractor shall be responsible for compiling an existing striping and marking plan, for all streets that do not already have a striping layout, including but not limited to stop bars, legends, crosswalks and other traffic delineation markings within the project prior to removing, obliterating, covering any existing striping, and/or starting work on the affected street. These plans shall be submitted to the Engineer and approved prior to any work and/or staging on the affected street.

The City will not be required to provide any assistance, information, and/or materials to the Contractor. It will be entirely the responsibility of the Contractor to perform all necessary pre -construction and construction layout work, obtain all necessary measurements, obtain all necessary materials, and obtain all necessary information, and prepare all working plans for performing the pavement marking and traffic striping work, as specified. All traffic control systems necessary for performing pavement mar king and traffic striping work, as directed by the Engineer, shall be the responsibility of the Contractor.

The Contractor shall establish the alignment for traffic stripes and the layouts for pavement markings with a device or method that will not conflict with other traffic control devices.

All markings, notes, objects, and/or any tool used by the Contractor for identifying existing and/or proposed pavement markings and/or traffic striping shall be removed by the ADDENDUM 1
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Contractor prior to acceptance of work. No additional compensation shall be given to the Contractor for this work.

Add to the end of Section 84-2.03B(1) General of the RSS:

Contractor shall be responsible for accurately referencing out and replacing the traffic stripes and positions of all traffic stripes, directional lines, arrows, and all other pavement markings in accordance with the plans and City standard markings by cat tracking with painted marks. This shall occur no later than four hours behind a slurry seal.

Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope.

Prior to application of permanent pavement marking and traffic stripes, the Contractor shall call for review and approval of the proposed striping by the Engineer and/or agent.

The Engineer and/or agent retains the right to make changes, deletions, additions, and/or corrections to the location and alignment of all pavement markings and traffic stripes.

Permanent pavement markings and traffic stripes shall not be applied until after approval is granted by the Engineer and/or agent. The Contractor shall allow a minimum of three (3) working days for review of the layout of each roadway, by the Engineer and/or agent.

All application of pavement markings and traffic striping shall be done to the satisfaction of the Engineer.

Permanent pavement marking and traffic striping shall be completed within seven (7) to fourteen (14) calendar days after the completion of slurry seal for that roadway.

Replace the 2nd Paragraph in Section 84-2.03B(2)(b) Extruded Thermoplastic of the RSS with:

The applied traffic stripe must be at least 0.100-inch thick.

Replace the 2nd Paragraph in Section 84-2.03B(2)(c) Sprayable Thermoplastic of the RSS with:

The applied stripe must be at least 0.050-inch thick.

Replace the 3rd Paragraph in Section 84-2.03B(2)(d) Thermoplastic with Enhanced Wet-Night Visibility of the RSS with:

The applied stripe must be at least 0.100-inch thick.

Replace Reserved in Section 84-2.03B(8) of the RSS with:

Temporary Overlay Markers (TOM)

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Within one (1) hour after the removal of existing striping, either through pavement grinding, striping removal, and/or any other operations that changes the existing striping, the Contractor shall place Temporary Overlay Markers (TOM) at the location of th e existing striping. Within four (4) hours of placement of slurry the Contractor shall place Temporary Overlay Markers (TOM) at the location of the proposed striping.

TOM shall be listed in the latest version of Caltrans Authorized Materials List (AML) for Signing and Delineation Materials. TOM shall be reflective on both sides and installed in accordance with the manufacturer’s specifications.

TOM placement shall be at locations in accordance with guidance and/or direction from the Engineer, and at least in accordance with the requirements below:

1. TOM Centerline Markings shall be yellow and placed no more than 24 feet apart on straight segments. TOM Centerline Markings shall be placed no more than 12 feet part on curve segments and within 100 feet of an intersection. Two (2) TOM Centerline Markings shall be placed adjacent to each other at least 48 feet prior to an intersection and on roadways with more than 3 lanes.

2. TOM Lane Line Markings shall be white and placed no more than 50 feet apart on straight segments and no more than 25 feet apart on curve segments.

3. At Stop Bars Locations, TOM shall be white and shall be placed in one (1) layer 12 inches apart horizontally, along the length of the Stop Bar.

4. At Crosswalks, TOM shall be the color recommended by the California Vehicle Code. TOM shall be placed in two layers 10 feet apart vertically and 12 inches apart horizontally using a standard crosswalk pattern.

The Contractor shall inspect the placement and condition of all TOM at least in the morning, prior to starting any work, and at the end of the day, prior to leaving the job site.

Any TOM that has moved shall be replaced with a new TOM. The Contractor shall replace and/or relocate any TOM at the direction of the Engineer.

The Contractor shall use temporary paint along with TOM in accordance with guidance and/or direction from the Engineer.

Replace Reserved in Section 84-2.03B(9) of the RSS with:

Liquidated damages of $300 per street per each day or part thereof will be applied for failure to comply with the requirements of temporary or permanent installation of traffic striping, pavement markings, or pavement markers.

Replace Section 84-2.04 PAYMENT of the RSS with:

Payment for “Permanent Pavement Striping, Markers and Pavement Markings” will be on a lump sum basis as identified in the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved with placement of cat track, striping, markers, blu e two-way ADDENDUM 1
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reflective pavement markers, and pavement markings as specified in the Special Provisions. No additional compensation will be allowed therefor.

Payment for “Removal of Existing Striping” will be on a lump sum basis as identified in the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved with removing existing striping, markers, blue two -way reflective pavement markers, and pavement markings prior to placement of proposed striping, markers, and pavement markings. No additional compensation will be allowed therefor.

Payment for “Temporary Paint for Pavement Stripes, Markings, and Markers” will be on a lump sum basis as identified in the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved with placement of temporary striping, TOM, and pavement markings. No additional compensation will be allowed therefor.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ ADDENDUM 1
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APPENDIX A
CONTRACTOR’S DAILY REPORT

FOR

2025 ARTERIAL PAVEMENT PROJECT
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STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

DLA ASSISTANT ENGINEER'S DAILY REPORT
DOT LAPM 16-C1 (NEW 10/2023)
ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected].

PROJECT NO.

FEDERAL PROJECT NO.

PROJECT NAME

CONTRACTOR
REPORT NO.

DATE
S M T W TH F SDAY: (CHECK ONE)

SHIFT HOURS
TEMP
START:

MIN:

STOP:

MAX:

LOCATION OF WORK (ROADWAY and STATIONS) HOURS – BID ITEM NO./DESCRIPTION

BID ITEM

IDLE OR DOWN

NAME CLASSIFICATION EQUIPMENT TYPE REMARKS

WEATHER CONDITION (TEMP)

DESCRIPTION OF WORK PERFORMED FOR THE DAY

NAME SIGNATURE TITLE
Appendix A-1 of 1
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APPENDIX B
NOTICE OF ASSEMBLY BILL 626

FOR

2025 RESIDENTIAL RESURFACING PROJECT

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NOTICE REGARDING ASSEMBLY BILL 626

Assembly Bill 626 (AB 626), signed into law September 29, 2016, established a new claim resolution process for public works project contracts entered into on or after January 1, 2017. AB 626 is codified in Section 9204 of the California Public Contract Code. Section 9204 remains in effect until January 1, 2020, and as of that date will be repealed unless another statute extends or deletes this sunset date.

Public Contract Code Section 9204 applies to any “claim,” as defined in Section 9204, which is presented by the Contractor to the City. Section 9204 defines a “claim” as a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City;

(2) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (3) payment of an amount that is disputed by the City.

If Contractor presents a claim to the City in accordance with the provisions of Public Contract Code Section 9204 (hereafter referred to as a “Claim”), the process specified in Section 9204 will be followed, and the provisions of Section 4- 8 (Disputed Claims) and Section 4- 9 (Review by Claim Review Committee and Issuance of Decision by Department Director) of the City’s Standard Specifications for Public Construction will not apply to the Claim. Contractor’s Claim shall comply with the provisi ons of Section 4- 7 (Notice of Claims for Additional Compensation or Damages) of the City’s Standard Specifications or Contractor shall give a separate written notice of potential claim that complies with the requirements specified in Section 4-7, except in any case where compliance with the requirements specified in Section 4-7 would conflict with Public Contract Code Section 9204.

Subsection (e) of Public Contract Code Section 9204 requires that the text of Section 9204 or a summary be set forth in the plans or specifications for any public works project that may give rise to a claim under Section 9204.

The full text of Public Contract Code Section 9204 is as follows:
9204.
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity.

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(2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with apublic entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a c harter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45- day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 daysafter the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 da ys after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the Appendix B-2 of 4
276
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parti es in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.
(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that
(1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the Appendix B-3 of 4
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timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

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APPENDIX C

PREVAILING WAGE RATES

FOR

2025 RESIDENTIAL RESURFACING PROJECT

Download State Prevailing Wage Rates from State website

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

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APPENDIX D

SAMPLE DOOR HANGER

FOR

2025 RESIDENTIAL RESURFACING PROJECT

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PROJECT NAME
The City of Goleta is pleased to inform you that the PROJECT NAME is about to begin. Our contractor, CONTRACTOR
NAME, will be working over the next LENGTH OF PROJECT
to construct this project. During that time, CONTRACTOR will be DESCRIPTION OF WORK. We apologize for any
inconvenience this may cause and ask for your patience and cooperation so that we may complete this work as soon as possible.

Sign up for email/text notifications from the City on this project here:
https://public.govdelivery.com/accounts/CAGOLETA/subscriber/ new.

WORK HOURS/PARKING: The work will generally be
performed between the hours of 7:30 a.m. and 4:30 p.m.

However, there are work hour restrictions in some instances.

Local access will be maintained during most of the work.

However, parking restrictions will be necessary and will be posted a minimum of 72-hours in advance of the work. Cars will be towed if parked during the no parking dates posted on your street.

TIMELINE: Some or all of the following activities will be performed on your street:
¾ DESCRIPTION OF ACTIVITY DATE
¾ DESCRIPTION OF ACTIVITY DATE
¾ DESCRIPTION OF ACTIVITY DATE
CONTACTS: If you have any questions or need information, please contact:

NAME OF CITY CONTACT PHONE NUMBER

NAME OF CONTRACT CONTACT PHONE NUMBER















Appendix D-1 of 1
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APPENDIX E

TEMPORARY NO PARKING SIGN

FOR

2025 RESIDENTIAL RESURFACING PROJECT

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Appendix E-1 of 1
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APPENDIX F

SCHOOL ZONE WORK HOUR

RESTRICTION MAP

FOR

2025 RESIDENTIAL RESURFACING PROJECT

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Appendix F-1 of 2
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Appendix F-2 of 2
290

APPENDIX G

WEEKLY STATEMENT OF WORKING
DAYS

FOR

2025 RESIDENTIAL RESURFACING PROJECT

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This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at [email protected]. ADA Notice STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION

DLA WEEKLY STATEMENT OF WORKING DAYS
DOT LAPM 16-A (NEW 10/2023)