Bid Protest and Award of Construction Contract and Construction Management, Inspection and Material Testing Contract for the Mathilda Park Improvements Project Part 1 — Goleta City Council, October 7, 2025 (part 1 of 2)

Agenda Item C.1

PUBLIC HEARING
Meeting Date: October 7, 2025
TO: Mayor and Councilmembers
SUBMITTED BY: Luz “Nina” Buelna, Public Works Director
PREPARED BY: John Plummer, Principal Engineer
David Anaya, Associate Engineer
SUBJECT: Bid Protest and Award of Construction Contract and Construction Management, Inspection and Material Testing Contract for the Mathilda Park Improvements Project
RECOMMENDATION:

A. Conduct a public hearing to take verbal and written testimony regarding a bid protest filed by Western State Builders Inc.; and
B. After considering the testimony presented during the public hearing, adopt Resolution 25-__, entitled, “A Resolution of the City Council of the City of Goleta, California, Rejecting Bid Protest and Awarding Construction Contract for Mathilda Park Improvements Project”; and
C. Approve the Plans and Specifications for the Mathilda Park Improvements Project; and
D. Award and authorize the City Man ager to execute a Construction Contract with KYA Services, LLC ., for the Mathilda Park Improvements Project in the not -to- exceed amount of $ 404,897.57, subject to the requirements of the cont ract documents; and
E. Authorize the Public Works Director to appr ove contract change orders for the Mathilda Park Improvements Project, if necessary, in the not-to-exceed amount of $80,979.00; and
F. Award and authorize the City Manager to execute a Professional Services Agreement with Vanir Construction Management, Inc. in the not-to-exceed amount of $ 100,275.00 for Construction Management , Inspection, and Material Testing services with a June 30, 2026, termination date.
1 Meeting Date: October 7, 2025

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BACKGROUND:

In 2019, the renovation of Mathilda Park was identified in the City of Goleta’s Capit al Improvement Project (CIP) Project No. 9113. The park had experienced drainage challenges at the east side of the playground. Once the project was identified, staff secured funding in 2021 from the California Department of State Park s Office of Grants and Local Services (OGALS), Community Development Block Grant Funds (CDBG), as well as the City’s General Fund.

The project includes the replacement of the playground, defined turf space, drought- tolerant plant materials, drainage improvements, and adjustments to the walkway alignment to meet Americans with Disabilities Act (ADA) requirements. A contract was executed with RRM Design Group (RRM) to develop the construction documents.

In February 2025, Public Works selected Vanir Construc tion Management, Inc. (Vanir) from the City’s Pre-Authorized Consultant List approved by City Council on January 17, 2023. Staff requested a proposal from Vanir to provide Construction Management, Inspection, and Materials Testing services.

The Public Wor ks Department solicited competitive bids per Municipal Code Section

3.05.210 for the Mathilda Park Improvements Project (Project). City Council authorized staff to advertise a notice inviting construction bids for the Project on November 7, 2023.

On December 2, 2024, bid documents were published to the PlanetBids portal and posted on the City’s bid opportunities webpage. In addition, a notice was published in the Santa Barbara Independent on November 21, 2024, and November 27, 2024, and a pre -bid meeting wa s held at the project site on December 16, 2024. The bids were opened virtually via PlanetBids on December 30, 2024. The City received a total of two (2) bids.

A summary of the bids and the Engineer’s Estimate are shown in Table 1 below.

Table 1: Initial Bid Results

Bidder Bid Amount
Engineer’s Estimate $449,495.00
CSI Services $589,850.00
Quincon, Inc. $613,884.26

The bid amounts were approximately 31% and 37% over the engineer's estimate, respectively. Public Works staff recommended that the City Council reject and rebid the Project, which was approved by City Council at the March 18, 2025, City Council Meeting.

Rebidding:

Public Works staff collaborated with RRM to refine and adjust the scope, providing greater clarity in the construction bid documents and specifications. The engineer’s estimate increased slightly as a result of aligning the project scope with cu rrent construction 2 Meeting Date: October 7, 2025

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standards and field conditions, as well as reflecting recent bid prices observed within the region.

The Public Works Department solicited competitive bids per Municipal Code Section

3.05.210 for the Project. On July 10, 2025, bid documents were published to the PlanetBids portal and posted on the City’s bid opportunities webpage. A notice was published in the Santa Barbara Independent on July 17, 2025 , and July 24, 2025, and additional outreach was done to contractors and trade journals to increase awareness of this project. The bids were opened virtually via PlanetBids on August 12, 2025. The City received a total of five (5) bids. A summary of the bids and the Engineer’s Estimate are shown in Table 2.

Table 2: Rebid Results

Bidder Bid Amount
Engineer’s Estimate $528,044.00
KYA Services, LLC. $404,897.57
Western State Builders, Inc. $490,695.10
RE Schultz Construction, Inc. $496,025.00
Hanly General Engineering Corp. $549,543.86
RCH Construction $608,715.46

DISCUSSION:

As a result of the rebid process described above, the City received five bids for the Mathilda Park Improvements Project. The updated Engineer’s Estimate was $528,044.00. The apparent lowest responsible bidder was KYA Services, LLC, with a bid of $404,897.57, approximately 23.3% below the Engineer’s Estimate. The next lowest bidder was Western State Builders, Inc., with a bid of $490,695.10, or 7.1% below the Engineer’s Estimate. While the bids came in below the Engineer’s Estimate, the results are within a reasonable tolerance and are within industry standards.

Bid Protest:

A bid protest was filed by Western State Builders on August 15, 2025 (Attachment 1), and supplemental information was submitted on August 15, 2025 (Attachment 2). Western State Builders’ protest contends that KYA Services, the apparent lowest bidder, submitted a non -responsive bid by failing to meet the California Public Contract Code ’s self - performance requirement . The protest also alleges KYA Services and its listed subcontractor, The Labor Solutions LLC. (The Labor Solutions) are not a manufacturer- certified installer for Play and Park Systems playground equipment as specified in the Bid Document specifications, nor do they hold the appropriate licenses required for earthwork, site utilities, or concrete installation work.

3 Meeting Date: October 7, 2025

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City staff evaluat ed KYA Services ’ adherence to the California Public Contract Code.

Western State Builders pointed to sections 4104 and 4114 as defining a self-performing requirement of fifty percent (50%) of the work on any Public Works project by the prime contractor. There is no requirement listed in either section or the entirety of the California Public Contract Code. Section 4104(a)(1) requires, “each subcontractor to be listed who will perform work or labor or render service to the prime contractor in an amount in excess of one-half (1/2) of one percent (1%) of the prime contractor’s total bid.” KYA Services is found to be in compliance with this requirement and has listed all of its subcontractors that will be performing work or labor or rendering services in excess of one -half (1/2) of one percent (1%) in their List of Subcontractors as part of their bid package.

City staff also evaluated KYA Services’ subcontractor licensing and qualifications. Per the bid documents and specification 904-1.7(B)(1) for the Mathilda Park Improvements Project, “the contractor installing the playground equipment must be a certified playground installer and hold a current certification from the playground manufacturer, Park & Play Structures, at the time of bi d.” There is no requirement to list second -tier subcontractors and it is not a defect if the specified installer as the listed subcontractor intends to itself subcontract with a required installer . However, KYA Services’ listed subcontractor under the playground installation bid item, The Labor Solutions LLC (The Labor Solutions), does hold a current certification from Park & Play Structures dated July 15, 2025, as provided to City staff on September 9, 2025 , by their legal representative Lanak & Hanna. KYA Services, LLC and its subcontractor, The Labor Solutions, are found to be in compliance with the requirement in the specifications that a certified playground installer hold a current certification from Play and Park Structures to perform the work.

Western State Builders also contends that KYA Services’ listed subcontractor, The Labor Solutions, only holds a C-15: Flooring and Floor Covering Contractor, C-54: Ceramic and Mosaic Tile Contractor, and B: General Building Contractor license , but do not hold the licenses required for earthwork, site utilities, and concrete installation. The Labor Solutions is not the bidder. KYA Services, as the bidder and holder of a Class A: General Engineering Contractor license, is found to be in compliance with Section 2.4 of the bid documents and specifications which require “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, bidder 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 the bidder lists a subcontractor for each such trade.”

The apparent low bidder is KYA Services. Public Works staff reviewed the bid and all associated forms, investigated the contractor, and determined KYA Services to be responsive to the bid solicitation. Therefore, Public Works staff recommend that the City Council adopt the Resolution (Attachment 3) rejecting the bid protest (Attachment 1) and find the bid from KYA Services to be the lowest responsive bid and award a construction contract (Attachment 4) for the Project to KYA Services in a not -to-exceed amount of $404,897.57, and approve a contingency of $80,979.00 for contract change orders. The total authorized construction cost is $485,876.57.
4 Meeting Date: October 7, 2025

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Additionally, Public Works staff recommend that the City Council approve the final project Plans and Specifications and award and authorize the City Manager to execute a professional services agreement with Vanir for Construction Management, Inspection, and Material Testing services.

ENVIRONMENTAL REVIEW:

This Project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA implementation guidelines under Section 15302 Replacement or Reconstruction and 15304 Minor Alterations to Land. A Notice of Exemption was submitted to the County of Santa Barbara in March 2022, and no further CEQA action is required.

FISCAL IMPACTS:

This Project is funded through the CDBG Program, the OGALS Proposition 68 Per Capita Funding, and the General Fund. There are sufficient funds for the Project’s construction and construction management.

The total project cost, which encompasses conceptual design, final design, construction, construction contingency, and construction management, inspection, testing , and monitoring, amounts to $ 686,807.65. The grants for this Project are approximately $487,109.65, and the remaining $199,698.00 will be covered by general funds to finance the entire Project cost.

The total estimated costs and funding sources associated with the Project are listed in Table 3.

Table 3: Project Cost Estimate
Project
Components  Project Costs  Funding Source  Funding Amounts Conceptual Design* $91,009.53 General Fund (101) $199,698.00 Final Design* $9,646.55 State Park Grant
(OGALS) (301) $177,952.00
Construction $404,897.57
Community
Development Block
Grant (CDBG) (402)
$309,157.65
Construction
Contingency $80,979.00
Community
Development Block
Grant (CDBG) (402)
$65,110.35**
Construction
Management,
Inspection, Testing,
and Monitoring
$100,275.00
5 Meeting Date: October 7, 2025

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Total:  $686,807.65  Total:  $751,918.00
*Actual Costs
**Due to savings on construction costs, this amount will be returned and appropriated to another project at a later date.

ALTERNATIVES:

The City Council may reject all bids ; however, doing so would postpone the Project’s construction and may result in playground closure until the drainage issues can be resolved.

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

1. Western State Builders Bid Protest dated August 15, 2025

2. Western State B uilders Bid Protest Supplemental Information dated August 15, 2025

3. Resolution 25-___, entitled, “A Resolution of the City Council of the City of Goleta, California, Rejecting Bid Protest and Awarding Construction Contract for Mathilda Park Improvements Project”

4. Public Works Construction Contract with KYA Services, LLC

5. Public Works Construction Management , In spection, and Material Testing Agreement with Vanir Construction Management, Inc.

6. Mathilda Park Improvements Project Specifications

7. Mathilda Park Improvements Project Plans

8. Mathilda Park Improvements Project Award Presentation 6 ATTACHMENT 1
Western State Builders Bid Protest dated August 15, 2025 7 8
9 10
ATTACHMENT 2
Western State Builders Bid Protest Supplemental Information dated August 15, 2025 11 12
13 14

MATHILDA PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. 9113
SP-117
B. Installer Qualifications: Company that specializes in installation of playgrounds.

Provide list of at least five (5) playgrounds that installer has completed in the last five (5) years, including project addresses and City reference information.

Listed projects should be for public agency(s), with components that are similar in scale and type.

1. Shall be a qualified certified playground installer and hold a current certification from the playground manufacturer, Park & Play Structures, at the time of bid.
904-1.8 DELIVERY, STORAGE, AND HANDLING
A. Deliver, handle, and store equipment to project site without damaging components
B. Store materials in a dry, covered area, elevated above grade. 904-2 EQUIPMENT
904-2.1 MANUFACTURERS
A. Refer to plan sheet LC001
904-2.2 PLAYGROUND EQUIPMENT - GENERAL
A. Design Assumptions: Because the safety of the playground depends on strict conformance to the design criteria, this information is provided for Contractor's information.

1. If deviations from specified dimensions, especially fall heights, is required, obtain approval prior to proceeding; follow approval request procedure as specified for substitutions.

B. Install all footings and equipment per the manufacturer’s installation instructions found in Appendix M

1. Playground protective surfacing constitutes a resilient layer installed over a subbase (non-resilient) that is installed over subgrade; top of footings and anchorage devices is to be covered by full depth of resilient portion of protective surfacing.

2. Protective Surfacing Depth: As indicated on drawings.

C. Label each equipment item with permanent labels stating age group that equipment was designed for, manufacturer identification, and warning labels in accordance with ASTM F1487.
904-2.3 SIGNAGE
A. Provide signage indicating “Warning – Entering this area can expose you to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. For more information go to
www.P65warnings.ca.gov”
15 ATTACHMENT 3
Resolution 25___, entitled, “A Resolution of the City Council of the City of Goleta, California, Rejecting Bid Protest and Awarding Construction Contract for Mathilda Park Improvements Project”
16 RESOLUTION NO. 25-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GOLETA, CALIFORNIA, REJECTING BID PROTEST AND

AWARDING CONSTRUCTION CONTRACT FOR MATHILDA

PARK IMPROVEMENTS PROJECT

RECITALS
A. WHEREAS, the City of Goleta (“City”), in compliance with all applicable law, solicited bids for the following construction project (the “Project”) as set forth in the plans, specifications, and other Contract Documents associated therewith (collectively, the “Contract Documents”): Mathilda Park Improvements Project; and
B. WHEREAS, in response thereto, the City received bids from KYA Services, LLC (“KYA”) and Western State Builders, Inc. (“WSB”) respectively set forth in Exhibit A (“KYA Bid”) and Exhibit B (“WSB Bid”) hereto, which are incorporated herein by reference; and
C. WHEREAS, the KYA Bid is the apparent low bid for the Project, with a bid of $404,897.57, and the WSB Bid is the apparent second low bid for the Project, with a bid of $490,695.10; and
D. WHEREAS, notwithstanding the foregoing, WSB has lodged with the City the bid protest set forth in Exhibit C (“Protest”), which is incorporated herein by reference, which KYA has responded to as set forth in Exhibit D (“Protest Response”), which is incorporated herein by reference; and E. WHEREAS, as stated in Mike Moore's 24 -Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303 (“Mike Moore’s Towing”), “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare[]”; and
F. WHEREAS, WHEREAS, as stated in Judson Pacific-Murphy Corp. v. Durkee (1956) 144 Cal.App.2d 377, 383 (“Judson”):

It must be remembered that competitive bidding statutes […] are for the benefit of the public and not for the benefit of bidders […]. It certainly would amount to a disservice to the public if a losing bidder were to be permitted to comb through the bid proposal […] of the low bidder after the fact, cancel the low bid on minor technicalities, with the hope of securing acceptance of his, a higher 17 Resolution No. 25-___ Rejecting Bid Protest
bid. Such construction would be adverse to the best interests of the public and contrary to public policy.

G. WHEREAS, the Protests characterize the KYA Bid as non -responsive and/or non-responsible; and
H. WHEREAS, as stated in Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 134 (“Taylor”), “[a] bid is responsive if it promises to do what the bidding instructions demand[]” and “can be determined from the face of the bid.”; and
I. WHEREAS, a responsible bidder is defined in section 1103 of the Public Contract Code as “a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.”; and J. WHEREAS, such a determination is a “complex matter dependent, often, on information received outside the bidding process and requiring, in many cases, an application of subtle judgment”, (Taylor at p. 134.), and as set forth in City of Inglewood-L.A. County Civic Center Auth. v. Superior Court (1972) 7 Cal.3d 861, 870 -871 due process (i.e., the Constitution of the United States and the Constitution of the State of California) requires that a bidder be offered and notice and opportunity to be heard before a bid is rejected on non-responsibility grounds; and
K. WHEREAS, on this date a hearing was conducted before the City Council on the matter.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Goleta that:

1. The City Council denies the Protest.

2. KYA sets forth sufficient facts to demonstrate that KYA is a responsible bidder, to wit, that KYA listed a qualified subcontractor for the work at issue. (D.H. Williams Construction, Inc. v. Clovis Unified School Dist. (2007) 146 Cal.App.4th 757 (challenge to subcontractor qualifications is a responsibility challenge, not a responsiveness challenge, and confusing the two can result in a constitutional due process violation).

3. KYA is correct that neither applicable law or the contract specifications impose a requirement that a prime-contractor self-perform 50% or more of the Project – on the contrary, case law is clear that where such requirement is imposed, it is by a specification imposing such requirement. ( Valley Crest Landscape, Inc. v. City Council (1996) 41 Cal.App.4th 1432, 1439). An example would be section 5 -1.13A General of the CalTrans Standard 18 Resolution No. 25-___ Rejecting Bid Protest
Specifications (2018), incorporated into the specifications for the Project Contract Documents, which provides in pertinent part: “Except for a building - construction non -federal-aid contract, perform work equaling at least 30 percent of the value of the original total bid with your employees and with equipment you own or rent, with or without operators.” As the Project is not a federal aid contract, the specifications do not set forth a minimum percentage of work that must be self-performed by the prime-contractor.

4. The contract for the Project is awarded to KYA on the terms of its bid, and the City Manager or designee is hereby authorized and directed to enter into said contract. The Protest is denied. All irregularities are waived.

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

SECTION 1.

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
19 Resolution No. 25-___ Rejecting Bid Protest

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 at a regular meeting held on the 7th day of October 2025 by the following roll call vote of the Council:

AYES:

NOES:

ABSENT:
(SEAL)
_________________________
DEBORAH S. LOPEZ

CITY CLERK
20 ATTACHMENT 3
Exhibit A
KYA Services, LLC Bid Proposal for Mathilda Park Improvements Project 21 22
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Attachment 3

Exhibit B
Western State Builders, Inc. Bid Proposal for Mathilda Park Improvements Project

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Attachment 3

Exhibit C
Western State Builders Inc. Formal Bid Protest-Mathilda Park Improvements Project Project Number: 25-05

103
104
105
106
107
108
109

MATHILDA PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. 9113
SP-117
B. Installer Qualifications: Company that specializes in installation of playgrounds.

Provide list of at least five (5) playgrounds that installer has completed in the last five (5) years, including project addresses and City reference information.

Listed projects should be for public agency(s), with components that are similar in scale and type.

1. Shall be a qualified certified playground installer and hold a current certification from the playground manufacturer, Park & Play Structures, at the time of bid.

904-1.8 DELIVERY, STORAGE, AND HANDLING
A. Deliver, handle, and store equipment to project site without damaging components
B. Store materials in a dry, covered area, elevated above grade.

904-2 EQUIPMENT

904-2.1 MANUFACTURERS
A. Refer to plan sheet LC001

904-2.2 PLAYGROUND EQUIPMENT - GENERAL
A. Design Assumptions: Because the safety of the playground depends on strict conformance to the design criteria, this information is provided for Contractor's information.

1. If deviations from specified dimensions, especially fall heights, is required, obtain approval prior to proceeding; follow approval request procedure as specified for substitutions.

B. Install all footings and equipment per the manufacturer’s installation instructions found in Appendix M

2. Protective Surfacing Depth: As indicated on drawings.

C. Label each equipment item with permanent labels stating age group that equipment was designed for, manufacturer identification, and warning labels in accordance with ASTM F1487.

904-2.3 SIGNAGE
A. Provide signage indicating “Warning – Entering this area can expose you to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm. For more information go to
www.P65warnings.ca.gov”
110
Attachment 3

Exhibit D
Lanak & Hanna Representing KYA Services, LLC Bid Protest Response, Mathilda Park Improvements Project Bid Number 25-05: August 12, 2025

111

Colin K. McCarthy
Attorney at Law
[email protected]

{2502 33155}
1851 E. First Street, Suite 700, Santa Ana, CA 92705 P 714-620-2350 F 714-703-1610

September 3, 2025

VIA OVERNIGHT MAIL

Deborah Lopez
City Clerk
City of Goleta
130 Cremona Drive
Goleta, CA 93117
[email protected]

RE: Bid Protest Response, Mathilda Park Improvements Project Bid Number 25-05: August 12, 2025

Dear City Clerk,

We represent KYA Services, LLC (KYA) in matters related to the above-referenced Project and associated bid. We are writing in response to the bid protest submitted by Western State Builders, Inc. on August 15, 2025, and your August 27, 2025, correspondence to KYA. Although your correspondence references a formal hearing set for October 7, 2025, the Bid Specifications require that any formal response to bid protest be received within 10 days of notice of said protest. Please let this letter serve as KYA’s formal response. We also intend to participate in the October 7th hearing to present KYA’s position on the protest.

Please note that KYA understands that Western State is challenging the responsiveness of KYA’s bid, although their protest letter claims that KYA is also a non-responsible bidder. Neither of the protest grounds addressed in Western State’s letter go to bidder responsibility and therefore we do not address that conclusory statement. See Pub. Contract Code §1103.

LEGAL BASIS FOR BID PROTEST

California law limits the grounds that may be asserted in a bid protest. The basis for any protest of a contract award is derived from statute, specifically Public Contract Code section 10345. Subdivision (a) applies to low bid awards, commonly referred to as invitation for bid solicitations. To succeed on a protest under subdivision (a), the law requires that the protestant establish it was “the lowest responsible bidder meeting the specifications for the contract….” Pub. Contract Code, § 10345(a)(2).

The protestant bears the burden of proof and must establish each fact essential to the claim of relief it is seeking. Evid. Code, § 500. The standard of proof to be applied is a preponderance of the evidence.

Evid. Code, § 115; see also, Baxter Healthcare Corp v. Denton (2004) 120 Cal.App.4th 333, 364-368.

File No. 33155
112
City Clerk
City of Goleta
September 3, 2025

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{2502 33155}

Western State Builders Protest is meritless and should be summarily rejected. Western State protests on two separate and infirm, responsiveness grounds.

THERE IS NO 50% SELF_PERFORMANCE REQUIREMENT ON CALIFORNIA PUBLIC

WORKS PROJECTS

First, Western State illogically argues that KYA failed to comply with alleged self-performance requirements set forth in the Public Contract Code. Specifically, Western State cites Public Contract Code Sections 4104 and 4114 for the proposition that KYA must self-perform at least 50% of the work on any public works projects.

This contention is patently false. Neither Section 4104, nor Section 4114 have anything to do with self-performance. Section 4104 is the Subletting and Subcontracting Fair Practices Act. which requires a public works prime contractor to list the name, address, and license numbers of any subcontractor performing work in excess of ½ of 1% of the bid price. This is to prevent bid- shopping and bid-peddling. Nowhere in Section 4104 does it specify a self-performance requirement for the bidding prime contractor.

Likewise, nothing in Public Contract Code Section 4114 addresses a self-performance requirement for a public works bidding prime contractor. Section 4114 deals with the delegation of authority by a county board of supervisors to a certain designated officer, which is wholly inapplicable here. It is part of the Subletting and Subcontracting Fair Practices Act, cited above.

Nowhere in Section 4114 is there a requirement that a bidding prime contractor self-perform 50% of the bid project work.

We are aware of no legal authority that requires a bidding public works prime contractor to self- perform 50% of the project work. Nothing in the Bid Solicitation requires this and in fact it is quite common for bidding public works prime contractors to self-perform less than 50% of the bid work.

Because nothing in the Public Contract Code, nor City’s Bid Solicitation, mandates a 50% self- performance requirement, Western State’s bid protest on this basis should be summarily rejected.

THE LABOR SOLUTION IS A LICENSED “B” GENERAL BUILDING CONTRACTOR

AND CERTIFIED PLAYGROUND INSTALLER

Lastly, Western State contends that KYA’s bid must be rejected because they claim that The Labor Solution is not qualified to perform earthwork, site utilities concrete installation and playground installation (as required by the specifications).

113
City Clerk
City of Goleta
September 3, 2025

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{2502 33155}

First, as Western State concedes, The Labor Solution is a licensed “B” General Building Contractor.

By definition, a “B” contractor can perform earthwork, site utilities and concrete work. Business and Professions Code Section 7057(a) specifically provides:

“Except as provided in this section, a general building contractor is a contractor whose principal contracting business is in connection with any structure built, being built, or to be built, for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in its construction the use of at least two unrelated building trades or crafts, or to do or superintend the whole or any part thereof.”

The only restrictions on a General Building Contractor pertain to framing/carpentry (not applicable here), fire protection (not applicable here), and well drilling (not applicable here), as set forth Section 7057(b)-(c).

Because Labor Solution is a fully qualified “B” General Building Contractor, it is fully licensed and qualified to perform the trade work properly listed in KYA’s bid.

Second, Western States contends that the Labor Solution is not qualified to perform playground installation, as required by the Bid Specifications. Specifically, Western States contends that The Labor Solution is not certified by Play and Park Systems as required by Specification Section 904-

1.7. This claim is likewise patently false. The Labor Solution is qualified to install playground equipment. The Labor Solution has installed playground equipment for multiple public works owners, including KYA and has in fact been certified by Play and Park Systems as an installer well before to bid time. This information has been specifically confirmed with The Labor Solution.

Although not required by Bid documents, KYA is in the process of obtaining an actual copy of the certification prior to the October 7th hearing.

CONCLUSION

Western State Builders cannot meet its burden in its protest because none of the grounds of protest have any merit. Because KYA is the lowest responsive and responsible bidder, we hereby request that the City award the contract to KYA.

We are available to answer any questions that you may have and look forward to addressing the Council on October 7th.

Sincerely,
114
City Clerk
City of Goleta
September 3, 2025

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{2502 33155}

COLIN K. MCCARTHY, LEED A.P.

Principal Attorney at Law for the Firm

cc: Client
Isaac Rosen, Attorney
Winnie Cai, Assistant City Attorney
Grant Orbach, City Counsel
Nina Buelna, Public Works Director
Western State Builders

115
Colin K. McCarthy
Attorney at Law
[email protected]
{2502 33155}
1851 E. First Street, Suite 700, Santa Ana, CA 92705 P 714-620-2350 F 714-703-1610 September 9, 2025

VIA OVERNIGHT MAIL
Deborah Lopez
City Clerk
City of Goleta
130 Cremona Drive
Goleta, CA 93117
[email protected]
RE: Bid Protest Response, Mathilda Park Improvements Project Bid Number 25-05: August 12, 2025
Dear City Clerk,
We represent KYA Services, LLC (KYA) in matters related to the above-referenced Project and associated bid. We are writing as a follow-up to our prior response dated September 3, 2025, to provide the City with the attached Certification hereby certifying The Labor Solutions, LLC as a professional installer for playground equipment.

We are available to answer any questions that you may have and look forward to addressing the Council on October 7th.

Sincerely,
COLIN K. MCCARTHY, LEED A.P.

Principal Attorney at Law for the Firm
cc: Client
Isaac Rosen, Attorney
Winnie Cai, Assistant City Attorney
Grant Orbach, City Counsel
Nina Buelna, Public Works Director
Western State Builders
File No. 33155
116

ATTACHMENT
117
The Labor Solutions, LLC
Kim Blackwood
Kim Blackwood
Spencer Cheak
Spencer Cheak

THIS CERTIFICATE IS PROUDLY PRESENTED TO
In recognition of the successful completion of this training and in acknowledgement for a certified installer, The Labor Solutions, LLC is hereby designated By receipt of this designation, The Labor Solutions, LLC agrees to install Play and Park Structures playground equipment in accordance with Play and Park Structures specifications and installation instructions
This Designation is effective for the City of Fresno West Park: Pre-K Play Structure and DSA Upgrades In witness whereof, we have affixed our signature this 15th day of July 2025

CERTIFICATE OF ACHIEVEMENT
118
ATTACHMENT 4

Public Works Construction Contract with KYA Services, LLC

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PUBLIC WORKS CONTRACT

BETWEEN THE CITY OF GOLETA
AND

KYA SERVICES, LLC

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 KYA SERVICES, LLC, a California Limited Liability Company (hereinafter referred to as “CONTRACTOR”).

SECTION A. RECITALS

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

2. On October 7, 2025, 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 Mathilda Park Improvements 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 Mathilda Park Improvements 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: 334E78D3-3978-4912-B119-F59AE03E3DCD 120
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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 inconsist ency 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 $ 6,700 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: 334E78D3-3978-4912-B119-F59AE03E3DCD 121
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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.

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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.

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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: 334E78D3-3978-4912-B119-F59AE03E3DCD 124
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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 w ith 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: 334E78D3-3978-4912-B119-F59AE03E3DCD 126
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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 p romise 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
3111 Landco Drive
Bakersfield, CA 93308
Attn: Krisyn Willett, Project Executive

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 e xposes 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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paper offered or sold to the City. This certification requirement may be 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 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.
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 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. For the avoidance of doubt, the Parties agree that CONTRACTOR shall comply with any requirement of the contract documents applicable to federally funded contracts that is not exclusively applicable to Federal-aid Highway Construction Contracts under applicable law and that where reference is made to a federal -aid construction contract, such reference shall include non-Federal-aid Highway Construction Contracts except where applicable law only requires such provisions in connection with Federal -aid Highway Construction Contracts.

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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.

This CONTRACT is executed on this ________ day of ___________, at Goleta, California, and effective as of _____ ______, 2025.

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:

_____________________________________
Jonathan Williams, Chief Operating Officer

CONTRACTOR’S Emergency Phone
No. at which contractor can be reached at any
time

______________Krisyn Willett_____________

_____________(661) 557-8807____________

_____________________________________
Krisyn Willett, Project Executive
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State of California License No.

_____________984827__________________

Department of Industrial Relations Registration
No.

_____________________________________

Business Phone No.

___________(661) 977-6779_____________

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EXHIBIT A

NOTICE INVITING SEALED BIDS

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NOTICE TO CONTRACTORS

INVITING SEALED BIDS

FOR THE

MATHILDA PARK IMPROVEMENTS PROJECT

City Project Number: 9113

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 PlanetBids portal site until Tuesday, August 12, 2025, at 3:00 P.M. PST. 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 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/2025-1/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 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 Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 134
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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 bi d 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 MATHILDA PARK IMPROVEMENTS 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.

This is a federally assisted project and Davis-Bacon (DBRA) requirements will be strictly enforced. Federal Labor Standards provisions HUD-4010 will be incorporated into the successful bidder’s contract and is attached hereto to this bid packet. Contracto rs, including all subcontractors and apprentices, must be eligible to participate. Federal Wage Determination No. CA20250014-Mod. #7 and State of California Prevailing Wage Index 2025-1 are incorporated herein. All labor is required to be paid at a rate not less than the greater of the current Federal Davis -Bacon Prevailing Wage or the State of California Prevailing Wage Determination made by the California Director of Industrial Relations. Review HUD Form 4010, Federal Labor Standards Provisions.

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NTC 3
This project is also subject to Section 3-Economic Opportunities to Low and Very- Low Income Persons and Business Concerns. Bidders see king Section 3 preference must submit a Business Certification Form and required documentation. For more information regarding Section 3, visit www.hud.gov/sites/documents/11SECFAQS.PDF.

This project is also subject to the requirements of Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. BABA requires that products purchased in connection with infrastructure projects (construction, alteration, maintenance, or repair) funded by Federal financial assistance programs must be produced in the United States. This includes iron and steel, manufactured products, and construction materials. This applies to projects with a total cost of $250,000 or more.

In addition to providing us with all the federally mandated documentation regarding labor, you will be required to provide detailed invoices, receipts, and any other documentation that will prove the expenses are eligible and part of the project.

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 shal l be maintained during the contract period. It is the Bidder’s and Contractor’s responsibility to 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 Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 136
NTC 4
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 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. 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 co ntract 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.

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 17, 2025 and July 24, 2025

END OF NOTICE TO CONTRACTORS
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 137
Public Works Contract

KYA SERVICES, LLC

Page 15 of 15 ends

Public Works Contract – Rev. April 2025

EXHIBIT B

BID PROPOSAL

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21F6

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
08/15/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endors ement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

AON RISK SERVICES SOUTH INC
3550 LENOX ROAD NORTHEAST
SUITE 1700
ATLANTA GA 30326

CONTACT
NAME: Aon Risk Services, Inc of Florida
PHONE
(A/C, No, Ext): 833-506-1544
FAX
(A/C, No):

EMAIL
ADDRESS: [email protected]
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A : Indemnity Insurance Company of North America 43575

INSURED
TriNet Group, Inc. L/C/F Kya services, LLC
1 Park Place, Suite 600
Dublin, CA 94568-7983
INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER: 15931828 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA MED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE ADDL
INSR
SUBR

WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY) LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

CLAIMS-MADE OCCUR

DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
POLICY PROJECT LOC PRODUCTS - COMP/OP AGG $
OTHER $

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED

AUTOS ONLY

SCHEDULED
AUTOS BODILY INJURY (Per accident) $
HIRED

AUTOS ONLY

NON-OWNED

AUTOS ONLY

PROPERTY DAMAGE
(Per accident) $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DEC RETENTION $
A

WORKERS COMPENSATION
Y / N
N

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A X WLR_C73187874
07/01/2025 07/01/2026
X PER

STATUTE OTH-
ER
E.L. EACH ACCIDENT $ 2,000,000
E.L. DISEASE - EA EMPLOYEE $ 2,000,000
E.L. DISEASE - POLICY LIMIT $ 2,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation coverage is limited to worksite employees of Kya services, LLC through a co-employment agreement with TriNet HR II-A, Inc.

Waiver of subrogation in favor of CITY OF GOLETA as required by written contract.

CERTIFICATE HOLDER CANCELLATION

CITY OF GOLETA
130 CREMONA DR
GOLETA, CA 93117

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD By Alicia Cabrera at 1:20 pm, Sep 08, 2025
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 143

Workers' Compensation and Employers' Liability Policy

Named Insured
TriNet Group, Inc. L/C/F Kya services, LLC
1 Park Place, Suite 600
Dublin, CA 94568-7983
Endorsement Number
Policy Number
Symbol: WLR Number: C73187874
Policy Period
07/01/2025 TO 07/01/2026
Effective Date of Endorsement
08/15/2025
Issued By (Name of Insurance Company)
Indemnity Insurance Company of North America
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT

This endorsement applies only to the insurance provided by the policy because California is shown in item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( X ) Specific Waiver
Name of person or organization:

CITY OF GOLETA
130 CREMONA DR
GOLETA, CA 93117

( ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

3. Premium:

The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: INCLUDED

___________________________________
Authorized Representative
WC 90 03 75 (05/18)

Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 144

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
8/27/2025
ERM Insurance Brokers LLC
111 Corporate Drive, Suite 200
Ladera Ranch CA 92694
MaryCruz Facundo
949-596-0291
949-222-0445
[email protected]
License#: 0M63276
National Union Fire Ins.Co. of
19445
KYASERV-01
Lexington Insurance Company
19437
KYA Services LLC
1800 E. McFadden Ave.

Santa Ana CA 92705
Westchester Surplus Lines Insurance Company
10172
Starr Indemnity & Liability Company
38318
The Hanover Insurance Company
22292
1696180290
A
X
2,000,000
X
300,000
10,000
2,000,000
4,000,000
X
Y
Y
6952470
9/1/2025
9/1/2026
4,000,000

PER PROJECT AGG
$15,000,000
A
1,000,000
X
X
X
X
Y
Y
4629084
9/1/2025
9/1/2026
Comp./Collision Ded.
$250/500
D
X
10,000,000
X
Y
1000588259251
9/1/2025
Y
9/1/2026
10,000,000
X

0.00 E
B
C
Leased/Rented Equipment
Contractor's Professional
Pollution Liability
RH3J97393500
031565759
G74302567002
2/27/2025
6/8/2025
10/11/2024
2/27/2026
6/8/2026
10/11/2025
Ded.$2,500
Deductible $15,000
Aggregate/Each Occ
$250,000
$2mil/4mil
$2mil/4mil
SEXUAL MISCONDUCT & MOLESTATION LIABILITY POLICY NUMBER: MR25ACNE LITMIT: $3,000,000 DED: $75,000 RE: MATHILDA PARK IMPROVEMENTS PROJECT CITY PROJECT NO. 9113 Certificate holder/additional insured continued: City of Goleta and its officers,
agents and employees.

City of Goleta
130 Cremona Drive
Goleta CA 93117
By Alicia Cabrera at 1:23 pm, Sep 08, 2025
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 145
6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 146
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 147
6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 148
09/01/2025
6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 149
Policy No: 6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 150
6952470
09/01/2025
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 151
6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 152
6952470
Any person or organization required to be included as an Additional Insured on this policy pursuant to written contract with the Named Insured.

Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 153
4629084
KYA Services LLC
09/01/2025
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 154
09/01/2025
4629084
KYA Services LLC
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 155
09/01/2025
4629084
KYA Services LLC
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 156
09/01/2025
4629084
KYA Services LLC
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 157

Page 2 of 3 ends

SCHEDULE OF UNDERLYING INSURANCE:

A. FIRST UNDERLYING INSURANCE POLICY(IES):

COVERAGE
CARRIER:

TERM:

POLICY NUMBER: LIMITS

DEFENSE
(I/O)
GENERAL LIABILITY $2,000,000 Each Occurrence Limit O
09/01/2025 - 09/01/2026 $4,000,000 Products-Completed
Operations Aggregate
Limit
6952470
$4,000,000 Other Aggregate Limit
EMPLOYEE BENEFITS LIABILITY $1,000,000 Each Occurrence Limit 09/01/2025 - 09/01/2026
6953470
$1,000,000 Aggregate Limit
AUTOMOBILE LIABILITY $2,000,000 Combined Single Limit
09/01/2025 - 09/01/2026
4629084
EMPLOYERS LIABILITY $2,000,000 Each Accident
AOS 09/01/2025 - 09/01/2026 $2,000,000 Disease - Policy Limit 48407311
$2,000,000 Disease - Each Employee
Limit
EMPLOYERS LIABILITY $2,000,000 Each Accident
CA Only 09/01/2025 - 09/01/2026 $2,000,000 Disease - Policy Limit 48407312
$2,000,000 Disease - Each Employee
Limit
POLICY NUMBER: 1000588259251
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 158
09/01/2024
4629084
KYA Services, LLC
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 159
09/01/2024
4629084
KYA Services, LLC
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 160
09/01/2024
4629084
KYA Services, LLC
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 161

ENDORSEMENT
This endorsement, effective 12:01 A.M. 09/01/2024
forms a part of Policy No. 695-24-70
issued to KYA SERVICES, LLC
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

AMENDMENT OF LIMITS OF INSURANCE
(Per Project or Per Location Aggregate Limit)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM
I. Your policy is amended to include either a Per Project General Aggregate Limit, a Per Location General Aggregate Limit or a Per Project and Per Location General Aggregate Limit. Please select only one of the following:
[X] Per Project General Aggregate Limit
[ ] Per Location General Aggregate Limit
[ ] Per Project and Per Location General Aggregate Limit $ 4,000,000
$
$
IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID.

II. SECTION Ill - LIMITS OF INSURANCE , is amended to include the following:

1. The Limits of Insurance and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or bringing "suits".

2. The General Aggregate Limit is the most we will pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the products-completed operations hazard"; and c. Damages under Coverage B.

3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard".

4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization.

5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
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Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 162
because of all "bodily injury" and "property damage" arising out of any one "occurrence".

6. Subject to 5. above, the Damage to Premises Rented To You Limit is the most we will pay under Coverage A because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner .

7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person .

8. Subject to 2., 4., 5., 6., and/or 7. above, the Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of:
a. Damages under Coverage A;
b. Damages under Coverage B; and
c. Medical Expenses under Coverage C
arising out of any single Project described above.

9. Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, B, and C combined for the sum of:
a. Damages under Coverage A;
b. Damages under Coverage B; and
c. Medical expenses under Coverage C
arising out of the any single Location described above .

The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance .

Ill. The Limits of Insurance shown in the Declarations are deleted in their entirety and replaced by the Limits of Insurance set forth below .

General Aggregate Limit
Each Occurrence
Products-Completed Operations Aggregate Limit
Personal & Advertising Injury Limit
Damage to Premises Rented to
Medical Expense Limit
Per Project General Aggregate Limit, Per Location
General Aggregate Limit or Per
Project and Per Location General Aggregate Limit
Limits of Insurance
$ 15 , 000 , 000
$2,000,000
$4,000,000
$2,000,000
$300,000
$ 10,000
$4,000,000
IV. SECTION V - DEFINITIONS, is amended to include the following :

23. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right-of-way railroad .

All other terms and conditions of this policy remain the sa~A,,..(:$~ 1u,t Authorized Representative or
Countersignature (in States Where
Applicable)
86681 (9/04) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 2 Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 163

ENDORSEMENT
This endorsement, effective 12:01 A.M. 09/01/2024
forms a part of Policy No. 695-24-70
issued to KYA SERVICES, LLC
by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.

ECONOMIC SANCTIONS ENDORSEMENT
This endorsement modifies insurance provided under the following:

The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose the Insurer, its parent company or its ultimate controlling entity to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union or the United States of America .

AUTHORIZED REPRESENTATIVE
89644 (6/13) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 164
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 165
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 166
POLICY NUMBER: 695-24-70 COMMERCIAL GENERAL LIABILITY
CG 20 37 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
I Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION WHOM YOU PER THE CONTRACT OR AGREEMENT.

BECOME OBLIGATED TO INCLUDE AS AN

ADDITIONAL INSURED AS A RESULT OF ANY

CONTRACT OR AGREEMENT YOU HAVE ENTERED
INTO.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part,
by "your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.

B. With respect to the insurance afforded to
these additional insureds, the following is
added to Section Ill - Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most
we will pay on behalf of the additional insured
is the amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

CG 20 37 12 19 C> Insurance Services Office, Inc., 2018 Page 1 of 1 6952470
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POLICY NUMBER: 6952470
Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 168
POLICY NUMBER: GL 6952470 COMMERCIAL GENERAL LIABILITY
CG 24 041219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s} Or Organization(s}:

PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

CG 24 041219 © Insurance Services Office, Inc., 2018 Page 1 of 1 Docusign Envelope ID: 334E78D3-3978-4912-B119-F59AE03E3DCD 169
ATTACHMENT 5

Public Works Construction Management, Inspection, and Material Testing Agreement with Vanir Construction Management, Inc.

170
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Public Works Department and Vanir Construction Management, Inc.

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Project Name: Mathilda Park Improvements Project

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF GOLETA
AND
VANIR CONSTRUCTION MANAGEMENT, 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 VANIR CONSTRUCTION MANAGEMENT, INC., a California Corporation (herein referred to as "CONSULTANT").

SECTION A. RECITALS

1. The CITY has a need for professional Construction Management services for the Mathilda Park Improvements 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 _______, 2025, 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 warrants 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 Construction Management Services in conjunction with Mathilda Park Improvements Project shall generally include Construction Management, Inspection, and Material Testing as more Docusign Envelope ID: BCAD5B59-D693-4941-A773-04F6E584A87E 171
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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 $ 100,275.00 (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 h ave 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

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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 David Anaya. 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.

Robert Lade 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 subcontracte d without the City Manager’s prior written consent.

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9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, officers, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTANT, to CONSULTANT's employees, to CONSULTANT’s contra ctors or subcontractors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT. (b) Defense and Indemnity of Third-Party Claims/Liability.

CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employees, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subcontractors, in performing the services descri bed in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
(c) No Waiver. CITY 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 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 Docusign Envelope ID: BCAD5B59-D693-4941-A773-04F6E584A87E 174
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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, 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 2004, 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.

b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except 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.

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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.

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 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.

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12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.

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 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 re lease 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.

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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, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with resp ect 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.

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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 transit ioning 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; statu s 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 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 Docusign Envelope ID: BCAD5B59-D693-4941-A773-04F6E584A87E 179
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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, 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: Robert Lade, P.E.

Senior Construction Manager
Vanir Construction Management, Inc.
735 Tank Farm Road, Suite 230
San Luis Obispo, CA 93401
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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.

33. FEDERAL REQUIREMENTS

CDBG financial assistance will be used to fund all or a portion of this contract. The Consultant shall comply with all federal requirements including, but not limited to, the following:

1. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

2. Federal Contract Provisions attached hereto as Exhibit “C” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the contract, including but not limited to, 2 C.F.R. Part 200 and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms of this contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

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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 Jerry Avalos, President

ATTEST

_____________________________ _____________________________ Deborah Lopez, City Clerk Sam Lee, Chief Financial Officer

APPROVED AS TO FORM:

ISAAC ROSEN, CITY ATTORNEY

_____________________________
Scott Shapses, Deputy City Attorney

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EXHIBIT A

SCOPE OF WORK

CONSULTANT shall provide the City with professional engineering support services to support the employees of the Public Works Department.

CONSULTANT shall work to protect the interests of the City and to provide the highest quality services possible for the City.

CONSULTANT is a qualified professional capable of providing the services listed below to the City. Scope elements include:

Pre-Construction Services:
• Kick-off Meeting
o Schedule and meet with City Staff to review roles,
procedures, responsibilities, and understanding of contract documents and construction issues.
• Review Design Documents
o Review design documents and identify questions or
anticipated conflicts prior to construction.
• Document Control
o Establish document control procedures and Construction Management procedures to ensure organized, complete,
and effective construction management and documentation at the onset and throughout the project duration.
o Construction Management Integrated Software (CMIS) shall be used for the construction management of this project. • Pre-Construction Conference
o Schedule and lead the pre-construction conference with the City, the Design Engineer, Contractor/s, Construction
Manager, and other relevant parties prior to construction. o Prepare and distribute agendas and minutes of the
conference.
• Pre-Construction Condition Documentation
o Photo and video documentation of the site and adjoining areas in their pre-construction condition.
• Other tasks as necessary

Construction Phase Services:

Construction Management
• Project Communication and Coordination
o Coordination of project issues with City staff, Design Engineer, Contractor, permitting agencies, external utility agencies, and the general public as needed.
o Preparation and distribution of meeting minutes.
o Investigation and inspection of site conditions that differ from those described in the Contract Documents.

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o Identification and resolution of safety issues.
o Organization and storage of easily retrievable files, logs, correspondences, agendas, minutes, inspections, and other documents within CMIS to be shared with project team.
• Construction Schedule
o Review the contractor’s construction schedule and verify the schedule is in accordance with contract documents.
o Track actual vs. planned progress for compliance.
• Submittal Management
o Utilizing CMIS, coordinate, log, and distribute submittals to the Engineer or appropriate reviewer.
o Include copies of the submittal logs in the coordination meeting’s agenda/minutes, and track status to ensure timely response by the Engineer.
• Requests For Information (RFI) Management
o Utilizing CMIS Maintain a log system for RFIs.
o Review RFI’s, submittals and change order requests and forward to appropriate parties for review and
response/approval.
• Materials Management
o Verify all materials and appurtenances to arrive on site and incorporated into the project are in accordance with the contract documents and approved submittals prior to
ordering.
• Observation
o Monitor Contractor’s daily activities to assure compliance with the contract documents, plans, specifications, and permits.
o Monitor the Best Management Practices (BMPs) within the project site.
o Prepare daily inspection reports within CMIS that include information such as weather conditions, workers and
equipment present, work accomplished, measured bid item quantities, conversations with Contractor personnel,
photographs, and problems encountered or anticipated.

Daily inspection reports are to be completed no later than 9AM the following day
o Inspector will identify non-compliant work, notify the Contractor and City, and inspect Contractor corrective work. o Review and approve Contractor’s survey layouts
o Verify line and grade
• Materials Testing
o Perform compressive testing on concrete footings.
o Maintain QA/QC materials testing log on CMIS
• Safety
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o Contractor shall be solely responsible for project safety requirements.
o Construction Manager shall notify Contractor and City of any observed deficiencies related to regulatory or Contractor safety standards.
o Check traffic control devices daily
• Jobsite Weekly Progress Meetings
o Prepare agenda/minutes, lead onsite meetings and distribute through CMIS
• Records Management
o Photo and video documentation of the site before, during and after construction.
o Keep record of as-built improvements as construction
progresses and provide to design engineer at the end of construction for the purposes of creating a final set of record drawings.
• Public Relations
o Coordinate with City staff on necessary park closures and detours and implement in field.
• Other tasks as necessary

Construction Contract Administration:
• Contract, Payment Application Review
o Review of Contractor’s contract execution for compliance with contract documentation requirements
o Payments on progress estimates shall be supported by
source documents that represent measured quantities. A
complete and accurate pay estimate shall be forwarded to the City for payment.
o Process progress payment applications through CMIS
o Maintain a current estimate of overall construction costs. o Review Contractor’s certified payroll for compliance and conduct labor interviews as required by the Contract
Documents.
• Change Order Management
o Create a preemptive change order list that tracks all items and issues that are likely to become a change order.
o The preemptive change order list shall be attached to and reviewed in the weekly meeting agenda/minutes, and
indicate the type of potential change order, as well as its cost impacts, schedule impacts, and constructability impacts. o Review all Contractor’s requests for Change Orders to ensure the appropriate procedure was followed and all
necessary information was provided. Manage change orders including cost tracking and estimates vs. actual
expenditures.

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o Log and distribute to City staff, all Change Orders with supporting documentation such as inspection reports,
sketches, photos, engineering analysis, independent cost analysis, or materials necessary for evaluation.
o Make recommendations pertaining to the Change Order
request, and upon City review, prepare Change Orders for City staff signature utilizing the City’s latest Change Order template, obtain Contractor signature, and facilitate City approval and distribution thereafter.
o Maintain executed Change Order Log on CMIS
• Documentation
o Completion of daily logs and weekly statement of working days (WSWD) within CMIS.
o Evaluate and create a Time Impact Analysis (TIA).
• Claims Assistance
o Review of submittals in support and recommendations for resolution of claims and disputes.
• Other tasks as necessary

Field Inspection:
• Quality Control/Quality Assurance
o Review and inspection of Contractor’s work for compliance with Contract Documents daily.
o Quality assurance materials testing services including determination and scheduling of materials and performance testing per the Contract Documents.
o Monitor corrective actions taken by Contractor needed to fix work that is not in compliance with the Contract Documents. o Complete daily inspection reports within CMIS that include information such as weather conditions, workers and
equipment present, work accomplished, measured bid item quantities, conversations with Contractor personnel,
photographs, and problems encountered or anticipated.

Daily inspection reports are to be completed no later than 9AM the following day.
o Provide Certified Playground Safety Inspector (CPSI) to verify that playground meets specified design safety and accessibility requirements. Produce deficiencies list and check that all items are addressed
o Inspector will identify non-compliant work, notify the Contractor Health and Safety
o Review of overall Contractor’s compliance with workplace safety and health standards and notification of City of non- compliance.
• Other tasks as necessary

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Closeout Post-Construction Phase Services
Final Completion:
• Final Inspection/Punchlist
o Site inspection to determine if facilities are complete and in compliance with Contract documents.
o Preparation of punch list within CMIS and inspection of punch list item corrective actions.
o Recommendation to City as to the release of payments and retention to Contractor.
• Construction Approval/Acceptance
o Make recommendations to City regarding final project
approval and acceptance.
o Make recommendations to City regarding Contractor’s final payment request.
• Record Compilation
o Preparation and submittal of a complete set of organized construction contract documentation.
o Review and submittal of complete set of as-built markups to Design Engineer for completion of Record Drawings.
o Consultant shall be responsible for verifying that all as-builts have been accurately updated prior to submitting the
Contractor’s payment request. The Consultant shall include a signed certification indicating the as-builts submitted accurately reflect all construction modifications from the design plans set. If the City observes at a later date that as- builts were not accurately updated, the Consultant shall be responsible for updating the as-builts, at the Consultant’s cost and no cost to the City.
o Consultant shall work with the Contractor to obtain all warranty and lien release information.

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EXHIBIT B

SCHEDULE OF FEES

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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this contract, Vanir Construction Mangement, Inc. (the “Consultant”) shall comply with all applicable federal laws and regulations including but not limited to the federal contract provisions in this Exhibit. In this Exhibit, the term “Agency” shall mean the local agency entering into this contract with the Consultant.

1. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2
C.F.R. § 200.321)

A. Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

B. Affirmative steps shall include:

i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business
enterprises;
iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
v. Using the services/assistance of the Small Business
Administration (SBA), and the Minority Business
Development Agency (MBDA) of the Department of
Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the Agency.

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under the emergency exception/exigency exception to competitive procurements.

2. COST PRINCIPLES (2 C.F.R. PART 200, SUBPART E)

A. If any indirect costs will be charged to the Agency under this contract, such costs must conform to the cost principles set forth under the Uniform Rules at 2 C.F.R. Part 200, subpart E (“Cost Principles”). In general, costs must (i) be necessary and reasonable; (ii) allocable to the grant award; (iii) conform to any limitations or exclusions set forth in the Cost Principles; (iv) be adequately documented; and (v) be determined in accordance with generally accepted accounting principles (“GAAP”), except, fo r state and local governments and Indian tribes only, as otherwise provided for in 2 C.F.R. Part 200, subpart E. 2 C.F.R. § 200.403. Costs that are determined unallowable pursuant to a federal audit are subject to repayment by Consultant.

3. ACCESS TO RECORDS & RECORD RETENTION (2 C.F.R. 200.336)

A. Consultant shall comply with 2 C.F.R. § 200.336 and provide the Federal Agency, Inspectors General, the Comptroller General of the United States, Agency, and the State of California or any of their authorized representatives access, during normal business hours, to documents, papers, books and records which are directly pertinent to this contract for the purposes of making and responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Consultant personnel for the purpose of interview and discussion related to the books and records.

B. The Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Consultant agrees to provide the Federal Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

4. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH
APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON - FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.326)
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A. Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. If the contract is in excess of $10,000 and the contract does not include provisions for both termination for cause and termination for convenience by the Agency, including the manner by which it will be effected and the basis for settlement, then the fo llowing termination clauses shall apply. If the contract is for more than the simplified acquisition threshold (see 2 C.F.R. § 200.88) at the time the contract is executed and does not provide for administrative, contractual, or legal remedies in instance s where Contractor violates or breaches the terms of the contract, then the following termination clauses shall apply and have precedence over the contract. Otherwise, the following termination clauses shall not be applicable to the contract.

i. Termination for Convenience. The Agency may, by written notice to Consultant, terminate this contract for convenience, in whole or in part, at any time by giving written notice to Consultant of such termination, and specifying the effective date thereof (“Notice of Termination for Convenience”). If the termination is for the convenience of the Agency, the Agency shall compensate Provider for work or materials fully and adequately provided through the effective date of termination.

No amount shall be paid for unperformed work or materials not provided, including anticipated profit. Consultant shall provide documentation deemed adequate by the Agency to
show the work actually completed or materials provided by Consultant prior to the effective date of termination. This contract shall terminate on the effective date of the Notice of Termination.

ii. Termination for Cause. If Consultant fails to perform pursuant to the terms of this contract, the Agency shall provide written notice to Consultant specifying the default (“Notice of Default”). If Consultant does not cure such default within ten (10) calendar days of receipt of Notice of Default, the Agency may terminate this contract for cause. If Consultant fails to cure a default as set forth above, the Agency may, by written notice to Consultant, terminate this contract for cause, in whole or in part , and specifying the effective date thereof (“Notice of Termination for Cause”). If the termination is for cause, Consultant shall be compensated for that portion of the work or materials provided which has been fully and
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adequately completed and accepted by the Agency as of the date the Agency provides the Notice of Termination. In such case, the Agency shall have the right to take whatever steps it deems necessary to complete the project and correct
Consultant’s deficiencies and charge the cost thereof to Consultant, who shall be liable for the full cost of the Agency's corrective action, including reasonable overhead, profit and attorneys' fees.

iii. Reimbursement; Damages. The Agency shall be entitled to reimbursement for any compensation paid in excess of work rendered or materials provided and shall be entitled to withhold compensation for defective work or other damages caused by Consultant performance of the work.

iv. Additional Termination Provisions. Upon receipt of a Notice of Termination, either for cause or for convenience,
Consultant shall promptly discontinue the work unless the Notice directs to the contrary. Consultant shall deliver to the Agency and transfer title (if necessary) to all provided materials and completed work, and work in progress including drafts, documents, plans, forms, maps, products, graphics, computer programs and reports. The rights and remedies of the parties provided in this Section are in addition to any other rights and remedies provided by law or under this contract.

Consultant acknowledges the Agency’s right to terminate this contract with or without cause as provided in this Section, and hereby waives any and all claims for damages that might arise from the Agency’s termination of this contract. The Agency shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed work or mate rials not provided and shall not be entitled to damages or
compensation for termination of work or supply of materials.

If Agency terminates this contract for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience. In such event, Consultant shall be entitled to receive only the amounts payable under this Section, and Consultant specifically waives any claim for any other amounts or dama ges, including, but not limited to, any claim for consequential damages or lost profits. The rights and Docusign Envelope ID: BCAD5B59-D693-4941-A773-04F6E584A87E 192
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remedies of the Agency provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this contract including, but not limited to, the right to specific performance.

B. Appendix II to Part 200 (C) – Equal Employment Opportunity: Except as otherwise provided under 41 C.F.R. Part 60, Consultant shall comply with the following equal opportunity clause, in accordance with Executive Order 11246 of September 24, 1965 entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967 and implementation regulations at 41 C .F.R.

Chapter 60:

i. Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Consultant will take affirmative action to insure that applicants are employed and that employees are treated equally during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following : employment upgrading, demotion, transfer, recruitment, or recruitment advertising; layoff or terminatio n; rates of pay or other forms of compensation; and selection for training including
apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause.

ii. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex, or national origin.

iii. Consultant will not discharge or in any other manner discriminate against any employee or applicant for
employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or appl icant.

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other employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an inves tigation conducted by the employer, or is consistent with Consultant‘s legal duty to furnish information.

iv. Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representat ive of the contractor's commitments under Section 202 of Executive Order No. 11246 of
September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

v. Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

vi. Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

vii. In the event of Consultant’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No.11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
Order No.11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

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exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24,1965, so that such provisions will be binding upon each subcontractor or Consultant. Consultant will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event Consultant becomes involved in, or is t hreatened with, litigation with a subcontractor or Consultant as a result of such direction, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

C. Appendix II to Part 200 (D) – Davis-Bacon Act; Copeland Act: Not applicable to this contract.

D. Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

i. If this contract is in excess of $100,000 and involves the employment of mechanics or laborers, Consultant shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Under 40 U.S.C. 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work wee k of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not less than one and a h alf times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

ii. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such wo rk to work in excess of forty hours in such
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workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

iii. In the event of any violation of the clause set forth in paragraph (ii) of this section the contractor and any
subcontractor responsible therefor e shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic , including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

iv. The Agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or
subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the
clause set forth in paragraph (iii) of this section.

v. The Consultant or subcontractor shall insert in any
subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Contractor shall be responsibl e for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

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E. Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

i. If the Federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the non -Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the non - Federal entity must comply with the requirements of 37 C.F.R.

Part 401 (Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Unde r Government Grants, Contracts and Cooperative Agreements), and any
implementing regulations issued by the Agency.

ii. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.

This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first
sentence of this paragraph.

iii. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management
Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant
Program, and Federal Assistance to Individuals and
Households – Other Needs Assistance Grant Program, as
FEMA awards under these programs do not meet the
definition of “funding agreement.”

F. Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act: If this contract is in excess of $150,000, Consultant shall comply with all applicable standards, orders, or requirements issued pursuant to the Clean Air Act (42 U.S.C. 7401 - 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

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i. Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate
Environmental Protection Agency Regional Of fice, and (3) Consultant agrees to include these r equirements in each subcontract exceeding $150,000.

ii. Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

G. Appendix II to Part 200 (H) – Debarment and Suspension: A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

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to comply with these regulations in any lower tier covered transaction it enters into.

iii. This certification is a material representation of fact relied upon by Agency. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Agency, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment.

iv. Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this contract are not debarred, disqualified, or otherwise prohibited from
participation in accordance with the requirements above .

Consultant further agrees to notify the Agency in writing immediately if Consultant or its subcontractors are not in compliance during the term of this contract.

H. Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: If this contract is in excess of $100,000, Consultant shall have submitted and filed the required certification pursuant to the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1353). If at any time during the contract term funding exceeds $100,000.00, Consultant shall file with the Agency the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.” Consultants that apply or bid for an award exceeding $100,000 must file the required certificatio n. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employ ee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection wi th obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

I. Appendix II to Part 200 (J) – Procurement of Recovered Materials:

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i. Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include
procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquir ed during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement.

ii. In the performance of this contract, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be
acquired: Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or at a reasonable price.

iii. Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive
Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-
guideline-cpg-program.

5. MISCELLANEOUS PROVISIONS

A. The Consultant shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.

B. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Consultant will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

C. Consultant acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Consultant’s actions pertaining to this contract.

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D. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the Agency, Consultant, any subcontractors or any other party pertaining to any matter resulting from the contract.

E. General and Administrative Expenses And Profit For Time And Materials Contracts/Amendments.

i. General and administrative expenses shall be negotiated and must conform to the Cost Principles.

ii. Profit shall be negotiated as a separate element of the cost.

To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the Consultant, the Consultant’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

iii. Any agreement, amendment or change order for work
performed on a time and materials basis shall include a ceiling price that Consultant exceeds at its own risk.

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ATTACHMENT 6

Mathilda Park Improvements Project Specifications

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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

MATHILDA PARK IMPROVEMENTS 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: Tuesday, August 12, 2025 at 3:00 P.M. PST
Contact: David Anaya

For use with Caltrans Standard Specifications dated 2018, Caltrans Standard Plans dated 2018 and labor surcharge and equipment rates of the California Department of Transportation insofar as the same may apply and in accordance with the Special Provisions.
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CITY OF GOLETA

BOOK 1 of 2

BID BOOK

FOR

MATHILDA PARK IMPROVEMENTS PROJECT
CITY PROJECT NO. 9113

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City of Goleta

Contract Documents

MATHILDA PARK IMPROVEMENTS PROJECT
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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

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SECTION I

NOTICE TO CONTRACTORS

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NTC 1

NOTICE TO CONTRACTORS

INVITING SEALED BIDS

FOR THE

MATHILDA PARK IMPROVEMENTS PROJECT

City Project Number: 9113

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 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.

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 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 208
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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.

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 bi d amount included with their proposals as required by California law.

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This project is also subject to Section 3-Economic Opportunities to Low and Very- Low Income Persons and Business Concerns. Bidders see king Section 3 preference must submit a Business Certification Form and required documentation. For more information regarding Section 3, visit www.hud.gov/sites/documents/11SECFAQS.PDF.

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 210
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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 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. 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.

CITY OF GOLETA

__________________________
Deborah S. Lopez, City Clerk

Published:

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

END OF NOTICE TO CONTRACTORS
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SECTION II

BIDDING INSTRUCTIONS

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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 which the Bidder offers to perform the Work described in the Bidding 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 Documents” means the Contract, 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 agencies, City of Goleta Construction Specifications, Special Provisions, Plans, State Standard Plans, State Standard Specifications, Revised State Standard Specifications, Labor Surcharge and Equipment Rental Rates, Work Directives, Reference Specifications, Change Orders, Supplemental Agreements , Appendices, Project Plans and any other applicable documents not listed, including modifications incorporated in those documents.

1.6 “Contract Price” means the total aggregate 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 approved by the City Council, subject to adjustment for variances in qua ntities 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 contract 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 materials, equipment or services including taxes, supervision, overhead and profit for a portion of the work described in the Contract Documents.

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

2.1 Bidder has read, understood, and made 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 conditions affecting the Work to be performed including transportation, disposal, handling, and storage of materials.

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

2.4 Bidder and all subcontractors, regardless of tier, have the appropriate registrations and current licenses issued by the State of California Contractor’s State License Board 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 member of the joint venture will likewise have the appropriate license. Business and professions code §§ 7000 -7191 establish licensing requirements 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 sp ecialty contractor license, bidder 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, including the Responsible Managing Officer (RMO) for the Contractor Company, demonstrating a minimum of five (5) years' experience successfully performing projects of the same type, magnitude, and character of the work bid, and financial capacity to perform and complete all obligations under the Contract Documents.

2.6 Bidder is aware of and, if awarded 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 with the staging and material storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas.
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2.10 Bidder will coordinate its construction 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 misunderstandings, errors, or omissions on the part of the Bidder in submitting its 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 Contract 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 liability 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 Contract 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 representation 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 City’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 addenda. Purported clarifications, 215
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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 location; (4) California contractor’s license number, and (5) DIR public works contractor re gistration number. An inadvertent error in listing the California contractor’s license number or public works contractor registration number shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license n umber 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 represents 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 allowed with the City’s written consent and in accordance with California law.
7 ADDENDA.

7.1 Before the Bid Deadline, the City may 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 City’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) working 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.
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7.5 Each bidder is responsible for ensuring that it has received all issued addenda before submitting a bid. All bidders are required to acknowledge and confirm receipt of each and every addendum in their Bid Proposal Form. Failure to acknowledge all Addenda m ay 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 “bidders 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 expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist i n 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 base 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 mailed to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope 217
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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 required by the contract documents within the time limits specified in these bidding instructions, the City may reject such bidder and select the next apparent lowest responsible bidder until all bids have been exhausted or the City may reject all bids. In the event the bid is re jected, such bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the bid security, be tween 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 contract 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 WITHDRAWAL OF BID.
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12.1 Bids may not be modified, withdrawn, 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 award the bid to th e 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 required 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 responsiveness 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 bidder who has demonstrated the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform fully the 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 satisfactorily perform the obligations of the Cont ract, 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 shall promptly submit satisfactory evidence to City showing the bidder’s financial resources, experience in the field, and organization and ot her factors evidencing bidder’s ability to successfully execute and complete the Contract.

14.5 The City reserves the right to reject 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, irregularity, 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 judge regarding the suitability of the 219
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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 informalities 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 assistance of outside technical experts in Bid evaluation; require a bidder to provide a guarantee (or guarantees) of the Contract by a third party; and not issue a Notice to Proceed after execution of the Contract. In submitting a Bid in response to the Notice Inviting Sealed Bids, the bidder is specifically acknowledging the City holds these rights. The Notice Inviting S ealed 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 irregularities 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 the 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 bidders) after the Bid Deadline. Within ten (10) calendar days after receiving the City’s written notice that bidder was identified as the apparent lowest 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. 220
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15.4.6 Names of all subcontractors, with 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 b y 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. 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 receiving 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 determination of the lowest responsible Bidder, the City will issue a notice of intent 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 identified 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 desires not to be considered public must be clearly marked as set forth above; any blanket statement (i.e. regarding entire pages, documents, or other, non -specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection or copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such releas e. 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.
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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 filed 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 facts, 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 written 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 Awarding 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 Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles). Bidder must complete and submit the Fleet Compliance Certification, on the form included in the bid package. Failure to provide a valid CRC for the Bidder’s fleet, and for the f leets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.
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SECTION III

PROPOSAL
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SECTION III PROPOSAL

BID PROPOSAL
FOR

MATHILDA PARK IMPROVEMENTS 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, equipment, tools, labor, and incidentals required for the MATHILDA PARK IMPROVEMENTS 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 following Bid Schedule. Bidder understands 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 Bid 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 CITY RESERVES THE RIGHT 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 DAYS 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.

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SECTION III BID PROPOSAL
FOR

MATHILDA PARK IMPROVEMENTS 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 _( )________________________________

Email Address: ___________________________________________________

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 State general prevailing wage rates), the Project Plans described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of 225
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Transportation Standard Plans, dated 2018, the California Department of Transportation 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 MATHILDA PARK IMPROVEMENS 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 herein; 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 contained in the Bid Document , to prov ide 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 full payment therefore prices indicated 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 Code 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 disposal system, boring or jacking pits, or similar trenches or open excavations, 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 perform the work, shall in his or her bid or offer, set forth: (a)(1) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the primary Contractor specially fab ricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one -half of one percent (0.5%) of the prime Contractor' s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent (0.5%) of the prime contractor’s total bid or ten thousand dollars ($10,000) whichever is 226
PROP- 4
greater; (2)(A) Subject to subparagraph (B), any information requested by the officer, department, board, or commission concerning 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, department, board, or commission for receipt of bids by prime contractors; (B) A state or local agency may 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 Contractor shall list only one (1) subcontractor for each such portion as defined by the prime Contractor in his or her Bid.

227
PROP- 5

MATHILDA PARK IMPROVEMENTS 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 procedure, 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 product 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 interpreted 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 price is unreadable or otherwise 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 unit 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 u nit price or item total, whichever most 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. 228

MATHILDA PARK IMPROVEMENTS PROJECT
CITY PROJECT NUMBER:

CONTRACTOR:

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

QUANT. UNIT PRICE AMOUNT
1 (P) MOBILIZATION, BONDS &
INSURANCE LS 1
2 (P) CONSTRUCTION SURVEYING &
STAKING LS 1
3 PLACEMENT AND MAINTENANCE

OF BEST MANAGEMENT

PRACTICES (BMP'S)
LS 1
4 (P) TEMPORARY FENCING LF 210
5 (P) CLEARING AND GRUBBING LS 1
6 DEMOLISH EXISTING PLAY
SURFACING SF 1,560
7 (P) DEMOLISH EXISTING PLAY
EQUIPMENT LS 1
8 DEMOLISH EXISTING FENCING LF 96
9 DEMOLISH EXISTING WALKS SF 1,120
10 SAWCUT & DEMOLISH CONCRETE
CURB/GUTTER SF 20
11 SAWCUT & DEMOLISH ASPHALT SF 10
12 UNSUITABLE MATERIAL CY 20
9113
PROP - 6
(PAGE 1 OF 4)
229
ITEM
NO. * ITEM UNIT EST.

QUANT. UNIT PRICE AMOUNT
13 ROUGH GRADING EXCAVATION CY 43
14 ROUGH GRADING FILL CY 34
15 CONCRETE WALKS SF 980
16 EDGING AND CONCRETE PATH
RETENTION CURB EDGING LF 60
17 CONCRETE GRASS MOW CURB
EDGING LF 80
18 CONCRETE PLAYGROUND CURB LF 145
19 WOOD RAIL FENCING LF 96
20 PRE-CAST CONCRETE STORM
DRAIN INLETS EA 4
21 STORM DRAIN PIPING LF 112
22 MODIFY EXISTING INLET
STUCTURE LS 1
23 UNDERSIDEWALK DRAIN LS 1
24 CONCRETE CURB & GUTTER

REPLACEMENT AT

UNDERSIDEWALK DRAIN
SF 20
25 ASPHALT PAVING PATCHBACK SF 10
26 (P) PLAYGROUND EQUIPMENT
INSTALLATION LS 1
27 PLAYGROUND RUBBER
SURFACING SF 1,555
PROP - 6
(PAGE 2 OF 4)
230
ITEM
NO. * ITEM UNIT EST.

QUANT. UNIT PRICE AMOUNT
28 SITE FURNITURE - PICNIC TABLE EA 1
29 SITE FURNITURE - TRASH
RECEPTACLE EA 2
30 IRRIGATION – POP-UP HEADS EA 29
31 IRRIGATION – TREE BUBBLERS EA 7
32 IRRIGATION – DRIP ZONE KIT RCV EA 3
33 IRRIGATION – DRIP IRRIGATION SF 3,220
34 IRRIGATION – REMOTE CONTROL
VALVE ASSEMBLY EA 6
35 IRRIGATION – QUICK COUPLER
VALVE EA 5
36 IRRIGATION – BALL VALVES EA 1
37 IRRIGATION – MASTER VALVE EA 1
38 IRRIGATION – FLOW SENSOR EA 1
39 IRRIGATION – CONTROLLER
ASSEMBLY EA 1
40 (P) IRRIGATION – SOLAR ARRAY LS 1
41 IRRIGATION - MAINLINE PIPE LF 200
42 IRRIGATION - LATERAL PIPE LF 620
PROP - 6
(PAGE 3 OF 4)
231
ITEM
NO. * ITEM UNIT EST.

QUANT. UNIT PRICE AMOUNT
43 (P) LANDSCAPE – SOIL AMENDMENTS
& FERTILIZER LS 1
44 LANDSCAPE - 1 GAL SHRUBS EA 177
45 LANDSCAPE - 5 GAL SHRUBS EA 48
46 LANDSCAPE - 15 GAL SHRUBS EA 12
47 LANDSCAPE – PLANTING 24” BOX
TREES EA 2
48 LANDSCAPE – SOD SF 1,034
49 LANDSCAPE – MAINTENANCE
PERIOD (90 DAYS) Month 3
50 LANDSCAPE – MULCH SF 3,220
TOTAL (BID ITEMS #1 TO #50) $
* NOTES:
(P) DENOTES PARTIAL PAYMENT
TOTAL BASE BID: BID ITEMS #1 TO #50 $
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 criteria listed in Note 1 above.
3) The Contractor must submit bids 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 4 OF 4)
232
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 Department of Industrial Relations Registration number for each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.10 SUBCONTRACTOR LIST of the State Standard Specifications. Attention is also directed to Section 5-1.13 SUBCONTRACTING of the Special Provisions. Listed subcontractors 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 Relations (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
Number
Percent
of Total
Bid
Subcontractor’s Name
& Address

233
PROP- 8
Bid Item
Number(s)
Subcontractor
License
Number
Subcontractor
DIR
Registration
Number
Percent
of Total
Bid
Subcontractor’s Name
& Address

234
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.

235
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 involuntary bankruptcy judgments against any principal having an interest in this Bid are as follows:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ____________________________________
236
PROP- 11
All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this Bid are as follows:
_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ ____________________________________

I declare under penalty of perjury under the laws of the State of California that the above representations are true and correct. Executed this _____ day of ____________, 20__, at ___________________ California.

____________________________________________
Signature and Title of Bidder
or Authorized Representative

237
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 disqualified 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 238
PROP- 13
BID BOND FOR:

MATHILDA PARK IMPROVEMENTS 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 execute 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 following: (1) The aforesaid Principal withdraws 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 CONTRACT 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 set their names, titles, hands, and seals this _______day of , 20__.

PRINCIPAL: ________________________________

(Address) ________________________________

________________________________

BY: _____________________________________

(Signature and Title of Authorized Officer)
239
PROP- 14

BY: _____________________________________

(Signature and Title of Authorized Officer)

SURETY: _________________________________

(Address) _________________________________
_________________________________

BY: _________________________________

(Signature and Title of Authorized Officer)

BY: _________________________________

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

240
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 license 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 qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Bidder:
______________________________________________________________________

License No.: _______________ Class___________ Expiration date: ______________

DIR Registration No.: _____________________

Date _____________________Signature __________________________________

241
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 Sections 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 the 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 subcontractor on a public works project by virtue o f 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 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 o r 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.

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:________________________
Name: __________________________
Title: __________________________
Name of Company:________________
Note: Signature must be acknowledged before a notary public. Attach appropriate acknowledgment.
242
PROP- 17

NON-COLLUSION DECLARATION
FOR

MATHILDA PARK IMPROVEMENTS 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 manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, dir ectly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, 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 corporation, 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)

243
PROP- 18
(THE BIDDER'S EXECUTION ON THE SIGNATURE 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___, participated in a previous contract or subcontract 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 Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former 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 Opportunity 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 ar e 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 participated in a previous contract or subcontract subject to the Executive Orders and have not filed 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 Director, Office of Federal Contract Compliance, U.S.

Department of Labor.

___________________________________________________________ 244
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 University. The t erm "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing 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 the 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.

245
PROP- 20
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In conformance with Public Contract 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 bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local 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.

246
PROP- 21
PUBLIC CONTRACT CODE 10232 STATEMENT

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt 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 comply with an order of a federal court which orders 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 making a false certification may subject the certifier to criminal prosecution.

247
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, voluntary 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 against 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 the signature portion thereof shall also constitute signature of this Certification.

_________________________________________
248

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 Disclosure 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 2203(b) and is not a financial 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 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; or b) demonstrate 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 financial 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, certify I am duly authorized to execute this certification 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)
249

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
250

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 notifying 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 satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes 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 DISCLOSED IN THIS DOCUMENT IS COMPLETE AND ACCURATE. IT IS

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

The Representations Made Herein On This Document Are Made Under Penalty Of Perjury.

251

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
252

PROP- 27

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 department 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.
253

PROP- 28
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 requirements 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 exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________

Signature: __________________________________________________

Name: __________________________________________________

Title: __________________________________________________

Date: __________________________________________________

254
NOTE TO BIDDER: Failure to complete all items on this page may cause rejection of your bid.

PROP- 29
CONTRACTOR’S CERTIFICATION ON

FEDERAL CONTRACT REQUIREMENTS

I hereby certify that I have reviewed the federal construction contract-related requirements imposed on the Contractor(s) of CDBG Grant Program-funded construction projects and fully understand all my obligations if the project is awarded to me.

Project Name: ______________________________________________________________________

Location: __________________________________________________________________________

Amount of Bid: $ ___________________________________________________________________

Name of Bidder _____________________________________________________________________

Print Name and Title _________________________________________________________________

Street Address ______________________________________________________________________

City, State Zip Code _________________________________________________________________

Signature _________________________________________________________________________

255

SECTION IV

AGREEMENT

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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 authorized 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 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 ___________ 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 257
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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 $______ 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 to pay any penalty or civil damages resulting from a violation of the 258
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prevailing wage laws.

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.

(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

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 registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such 259
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contributions.

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

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.

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 persons, either wo rkers 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 performance of the work. CONTRACTOR shall be responsible for any damage or 260
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injury to any person or property resulting from defects or obstructions or from any cause whatsoever.

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 cou rt of competent juris diction. 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 will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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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.

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, CONTR ACTOR, 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.”

AGMT- 7 -

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 CONTRACT. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.

AGMT- 8 -

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.

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

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CONTRACTOR
__________________________________________________
__________________________________________________
__________________________________________________

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

Among other possible violations of law, a violation of this section e xposes 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. 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. 265
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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).

8.10.900(A).

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

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.

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
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CONTRACTOR:

_____________________________________
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

NOTICE INVITING SEALED BIDS

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EXHIBIT B

BID PROPOSAL

270

SECTION V

INSURANCE AND BONDS

271
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 canceled 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 sufficiently 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 property 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 completed operations coverage.

Umbrella or Excess Liability policies (Over Primary) if used to meet limit requirements shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Any such policy shall include a dr op-down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage 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 review but in no event less 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 extent to which the Contractor may be held responsible for payment of damages resulting from Contractor's services or operation pursua nt to the 272
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 Insurance on forms supplied by the City and evidencing the above coverage to City prior 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 sub contractors to provide General and Automobile Liability, and Workers' Compensation and Employer's Liability Insurance with minimum limits of coverage and upon terms and provisions required above. 273
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 known 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 entitled "Insurance Requirements." Please 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.

274
INS 4

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

A. Evidence of Maintenance Required. 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 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

275
INS 5

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, collapse and underground hazards.

The Commercial General Liability insurance 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 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 excess 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 subrogation 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 (including death) and property damage which provides total limits of not less than One Million Dollars 276
INS 6

($1,000,000) combined single limits per accident, applicable to all owned, non - owned, and hired vehicles.

2. Statutory Workers' Compensation 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 limits of not less than One Million Dollars ($1,000,000) per occurrence. Both 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 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 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 shal l 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 tidal waves. Coverage in the amount of fiv e 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 contained in these provisions may be fulfilled by self-insurance on the part of the Contractor.

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 Contractor is bound to the City under this Contract.

Additionally, the Contractor shall obligate its 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 required 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.

278
INS 8

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.

279
INS 9

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 MATHILDA PARK IMPROVEMENTS 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 Contractor 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 truly to be made, we bind ourselves, our h eirs, executors and administrators, successors and assigns, 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 so le expense and within fifteen (15) calendar days of such modification, an executed Bond Rider to this Bond reflecting the revised Contract price and increasing 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 received separate notice of the Contract modification. The Surety further agrees that failure of the Contractor to provide such Bond Rider shall no t 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 therein 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 280
INS 10

including the one (1) year guarantee of all materials and workmanship; and shall indemnify 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.

As a part of the obligation secured hereby and 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 Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage 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 herein 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 pursuant to the Contract Documents, or shall promptly, at the City’s option:

Take over and complete the Project in accordance 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 dama ges 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 contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
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INS 11

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 stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract 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]
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INS 12
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal) ________________________________

Contractor/ Principal
By ________________________

Title_______________________

(Corporate Seal) ________________________________

Surety
By ________________________

Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title____________________________

The rate of premium on this bond is ____________ per thousand. The 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)
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INS 13
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) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

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. 284
INS 14
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.

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

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. 285
INS 15

END OF PERFORMANCE BOND
286
INS 16

LABOR AND MATERIAL 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 MATHILDA PARK IMPROVEMENTS 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, successors 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 with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18 663, 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, i ncluding 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 paym ent 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 re cover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for 287
INS 17

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 o f 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
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

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INS 18
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.

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

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. 289
INS 19
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.

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

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. 290
INS 20

END OF LABOR AND MATERIAL PAYMENT BOND
291

SECTION VI

CITY OF GOLETA CONSTRUCTION SPECIFICATIONS
292
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

293
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 respects in accordance with the Plans and specifications and any modifications thereof previously 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 Transportation 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 deducted 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, general cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Director which show the location, character, dimensions and details of the w ork to be performed. All such documents are to be considered as a part of the 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 Standard Plans of the Department of Transportation of the State of California.
(b) Revised State Standard Plans – 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 Improvement 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 Revised 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.
294
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, SPECIFICATIONS, 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 materials to be furnished and as to the requirements of the proposal, plans, specifications and the contract.

The submission of a bid shall also be conclusive evidence that the bidder is satisfied as to the character, quality and quantity 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 made 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 possible 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 have been used by, or are known to, the designers and administrators of the project 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 calculatio ns, 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 constitute part of the contract, do 295
GCS-4
not necessarily represent actual site conditions or show location, character, dimensions and details of work to be performed, and 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 cautioned 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 information 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 concerning 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 included in these Contract Documents. The proposal shall set forth for each item of work, in clearly legible 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, State, 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, his 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 partnership must be shown; or if made by a corporation, the proposal shall 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 sign ed by an agent, a "Power of Attorney" must be filed with the proposal.

296
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 request "Bidder's Bond" forms may be obtained from the Department.

2-1.06G PREVIOUS DISQUALIFICATION, REMOVAL OR OTHE R PREVENTION OF BIDDING.

A bid may be rejected on the basis of a Bidder, 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 desire 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 joint 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 speci fic 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 continue 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 297
GCS-6
being given written notice of such failure; provided, however, that in case of emergency where in the opinion of the Engineer of Work, providing a reasonable attempt has been made to notify the Contractor, delay would cause 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 faithful 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 occurrence of a mistake entitling a bidder to relief from its bid rests entirely on the bidder. Relie f 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 responsible 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 City 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, the 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 after 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 Council and the Bidder concerned.
298
GCS-7
All bids will be compared on the basis of the 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 issuance 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 contents satisfactory to the City, shall be executed by the successful Bidder and returned, together with the Contract bonds and certificates of insurance within ten (10) calendar days, after written notice 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 proposal guarantee to the City as Liquidated Damages. The successful Bidder may file wi th the Goleta City Council a written notice, signed by the Bidder or his or her authorized 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 insurance 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 responsible for, Contractor’s means, methods, and appliances of construction or for the safety precautions and programs incident thereto, or 299
GCS-8
for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performance of Work.

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 Agreement, 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 provide 24-hour emergency service for all maintenance and operations of the Work specified and shall supply the City with the name and phone number of the responsible person. Contractor will respond to requests for emergency service for the Work promptly upon notificatio n. 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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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:
https://www.dir.ca.gov/OPRL/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 Contractor 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 Debris where they are more restrictive than these specifications.

7-1.03 ASBESTOS.

The Contractor shall comply with all rules, 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. Attention is directed to the statement in Section 591 that this section shall not relieve the Contractor or any person from the duty of exercising due care. The Contractor shall take 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 301
GCS-10
Contract within rights -of-way. All work shall 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 concurrently 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 shall 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 provisions 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 City 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 during 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 violations are abated. The Contractor is responsible for assuring that all subcontractors adhere to the minimum CAL/OSHA safety requirements and that each subcontractor has an effective CAL/OSHA IIP (Illness and Injury Protection Program) in place that specifically addresses all potential exposures, such as, but not limited to, fall protection, confined space, and trenching/shoring. These requirements shall apply continuous ly 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 302
GCS-11
methods, equipment, bracing or scaffolding, or safety measures, in, on, or near the 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 and shall provide such necessary safety equipment and instructions as are necessary to prevent injury 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 shall 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 protection 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 authority. Fire hydrants on or adjacent 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 provisions 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 design of shoring, bracing, sloping 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 submission and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submissions, 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 relative 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. Contractors or subcontractors removing one hundred (100) feet or more square feet of asbestos must be "Certified" in accordance with State law. All Work involving exposure to asbestos and all other hazardous materials 303
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shall be performed with protection of personnel in compliance with all applicable regulations and safety requirements.

Nothing in these General Conditions is to be construed to permit Work not conforming to governing codes. When Contract Documents differ from governing codes, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided 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 Contractor 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, methane, 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, flammable 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.
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g. Work in structures where workers may trip, slip and/or fall several feet.

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 work 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 obstructions, 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 rights to any type of express or implied indemnity against the City, its officers, agents, employees, or volunteers.

It is the intent of the parties 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 existence or degree of fault or negligence, whether active or passive, primary, or secondary, 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 indemnity 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 305
GCS-14
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:

A. The City will give the Contractor 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.

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.

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

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, collapse and underground hazards.

The Commercial General Liability insurance 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 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 excess 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 subrogation endorsement.

g. The CONTRACTOR shall furnish a certificate for the period covered. 307
GCS-16
SPECIAL NOTICE - CLAIMS MADE COVERAGE:

Liability insurance coverage may not be written on a "claims made" basis. Th e 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 accident, 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 employees 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. Both 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 policy shall cover hazards including the losses due to fire, explosion, h ail, rain, lightning, flood (separate insurance as needed), 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 tidal 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 308
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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 contained 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.

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.

F. THE CITY RESERVES THE RIGHT TO WITHHOLD ANY PROGRESS

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

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Additional Insurance Requirements:

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 Manager formally accept the Contract, and immediately upon and after such Acceptance 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, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national 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 applicants 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 State 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 their obligations under this clause 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 contract, the recipient, contractor, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, 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 because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, 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. 310
GCS-19

2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations 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 CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all state 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 Employment 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 contractor or any subcontractor subcontracts a portion of the work, it shall include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference.

3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through (e) of these specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer members of any group protected by the Act shall excuse the contractor's obligations under the se specifications, Government Code section 12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the contractor duri ng 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 progra ms approved by the U.S. Department of Labor or the California Department of Industrial Relations.

5. In order for the nonworking 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 training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs 311
GCS-20
approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The contractor shall take specific actions 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 b e 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 contractor'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 notification within seven (7) working days 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 employment 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 bul letin 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 contractor ’s equal employment opportunity policy and obligations, and discharge their responsibilities accordingly.
e. Ensure that seniority practices, 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 contractor ’s obligations under these specifications are being carried out.

7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, 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 every effort to assure that the group has a positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of the program are reflected in the 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 required to provide equal employment opportunity for all persons.

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

9. The contractor shall not use the nondiscrimination standards to discriminate against any person because race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, 312
GCS-21
gender, gender identity, gender expression, age, sexual orientation, 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 sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its implementing 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 the 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 trade, 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 requirement, 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 subcontractors shall have a continuing legal obligation to maintain current registration with the Department of Industrial Relations. 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 before work is begun. 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.

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” 313
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a. All paper products and content printing 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 Certification of Implementation and submit to Director—five (5) working days before construction begins. b. Receive an approved Certificate 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 other 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 prior 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 costs 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 total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the 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 State of California and the Contractor furnishes evidence satisfactory to the Engineer that the materials 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 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 314
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on 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 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 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.

9-1.065 PAYMENT OF WITHHELD FUNDS.

Except as otherwise prohibited by law, the Contractor may elect to receive all payments due under the Contract pursuant to Section 9 -1.06 of the se Specifications without any retention. If the Contractor so elects, a deposit with the City of securities with a value equivalent to the retention 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 additional compensation will be made to the Contractor for claims of increased overhead costs occurring within the originally specified 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."

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9-1.12 DISPUTES
DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process 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 resolve 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 which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims 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 procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (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 shall 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 requirements othe rwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subseque nt lawsuits for compensation or payment thereon.

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

Summary of claim merit and price, reference 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
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 316
GCS-25
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 accordance 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 portion 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 disputed portion and the undisputed portion 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 receipt 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 information 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 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 sixty (60) working days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with 317
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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 identified in writing unless the parties agree to select a mediator at a later time.

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.

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 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 excuse 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 Work, 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 the 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 purposes 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 c laim 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 earlier 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 Public Co ntract Code section 9204 and the terms of these procedures. The mediation process shall provide for the selection within fifteen (15) calendar days by both parties 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.

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, notwithstanding Section 1114.11 of that code. The Civil 318
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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 Code 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 pro cedures 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 requirements are not otherwise satisfied as specified her ein, CONTRACTOR 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 approval of the estimate by the Director, the City of Goleta shall pay the entire sum so found to be due after deducting therefrom all previous payments and all 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 payment. The final payment shall not be due and payable until the expiration of thirty -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 with the County of Santa Barbara.

No certificate given or payments made under the Contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, and no payment (including the final payment) or certificate shall be construed to be an Acceptance of any defective 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 ACCEPTANCE OF CONTRACT and Section 2-

1.12 GUARANTEE AND WARRANTY of these Specifications.

END OF CITY OF GOLETA CONSTRUCTION SPECIFICATIONS

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SECTION VII

SPECIAL PROVISIONS

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SPECIAL PROVISIONS

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iii
CITY PROJECT NO. 9113

The Special Provisions contained herein have been prepared by or under the direction of the following Registered Persons.

LANDSCAPE ARCHITECT

6/12/25

_________________________________________
Christopher B. Dufour, Licensed Landscape Architect
RRM Design Group

Civil Engineer 12-31-2026 Robert Camacho, Licensed Civil Engineer
RRM Design Group
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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 ........................................................................................................................ 6 3 CONTRACT AWARD AND EXECUTION ............................................................... 7 4 SCOPE OF WORK ........................................................................................................ 8 5 CONTROL OF WORK .............................................................................................. 10 6 CONTROL OF MATERIALS ................................................................................... 21 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .................... 26 8 PROSECUTION AND PROGRESS .......................................................................... 32 9 PAYMENT .................................................................................................................... 50 DIVISION II GENERAL CONSTRUCTION ............................................................. 63 10 GENERAL ................................................................................................................. 63 12 TEMPORARY TRAFFIC CONTROL .................................................................... 64 13 WATER POLLUTION CONTROL ........................................................................ 70 14 ENVIRONMENTAL STEWARDSHIP .................................................................. 71 15 EXISTING FACILITIES.......................................................................................... 77 DIVISION III EARTHWORK AND LANDSCAPE .................................................. 82 17 GENERAL ................................................................................................................. 82 19 EARTHWORK .......................................................................................................... 83 20 LANDSCAPE ............................................................................................................. 86 21 EROSION CONTROL .............................................................................................. 99 DIVISION IV SUBBASES AND BASES .................................................................... 102 324

TOC-2
26 AGGREGATE BASES............................................................................................. 102 39 ASPHALT CONCRETE ......................................................................................... 103 DIVISION VII DRAINAGE FACILITIES ................................................................. 103 64 PLASTIC PIPE ........................................................................................................ 103 68 SUBSURFACE DRAINS ......................................................................................... 103 DIVISION VIII MISCELLANEOUS CONSTRUCTION ........................................ 105 73 CONCRETE CURBS AND SIDEWALKS ........................................................... 105 DIVISION XI MATERIALS ....................................................................................... 108 90 CONCRETE............................................................................................................. 108 96 GEOSYNTHETICS................................................................................................. 108 DIVISION XII BUILDING CONSTRUCTION ........................................................ 109 99 BUILDING CONSTRUCTION ............................................................................. 109

APPENDICES

APPENDIX A
• CONTRACTOR’S DAILY REPORT TEMPLATE

APPENDIX B
• NOTICE REGARDING ASSEMBLY BILL 626

APPENDIX C
• PREVAILING WAGE RATES

APPENDIX D
• DAVIS-BACON WAGE RATES

APPENDIX E
• COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SPECIAL PROVISIONS

APPENDIX F
• SAMPLE DOOR HANGER NOTIFICATION

APPENDIX G
• TEMPORARY NO PARKING SIGN

APPENDIX H
• SCHOOL ZONE WORK HOUR RESTRICTION MAP

APPENDIX I
• WEEKLY STATEMENT OF WORKING DAYS

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APPENDIX J
• CITY OF GOLETA MONTHLY PROJECT PAYMENT ESTIMATE FORMS

APPENDIX K
• BEST MANAGEMENT PRACTICES (BMP) DEVICES

APPENDIX L
• WATER POLLUTION CONTROL PLAN

APPENDIX M
• PLAYGROUND EQUIPMENT OWNER’S MANUAL AND INSTALLATION GUIDELINES

APPENDIX N
• POST-CONSTRUCTION WASTE REDUCTION & RECYCLING SUMMARY REPORT

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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

MATHILDA PARK IMPROVEMENTS 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 Standard Specifications and the most current Revised Standard Specification dated April 15, 2022. Standard Special Provisions, and Plans , City of Goleta Construction Specifications, City of Goleta Design and Construction Standards, Change Orders using the 2018 State Standard Specifications 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 Standard 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 using the 2018 State Standard Specifications and Revised Standard Specifications, Standard Special Provisions, and Plans

2. Addenda

3. The Agreement

4. Special Provisions upon Specifications

5. Plans shall govern in matters of quantity and measurement

6. Specifications govern in matters of quality

7. Profile Plans govern upon Layout Plans

8. Specific Notes shall govern 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 dimensions obtained by scaling.

12. 2018 State Standard Specifications and Revised Standard Specifications, Standard Special Provisions, and Plans

13. City of Goleta Construction Specifications

14. County of Santa Barbara Engineering Design Standards 329

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15. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’ specifications or industry standards are in conflict, the more restrictive and higher quality shall govern.

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 clause 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:

APS Accessible Pedestrian Signal
CSC conductor signal cable
EA Each
NTP Notice to Proceed
(P) Partial Payment
QA quality assurance
QC quality control
RSS Revised Standard Specification
LF Linear Foot
SF Square Feet
SY Square Yards

Add or replace the various items of Section 1-1.07 DEFINITIONS:

Whenever in the State Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents, the following terms 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
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% complete, 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 for Suppliers of Asphalt means Caltrans’ Certification Program for Suppliers of Asphalt.

References to the Department’s Construction Site Best Management 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’.
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References to the Department’s Materials Plant Quality Program means Caltrans’.

References to the Department's Partnering Facilitator Standards and Expectations means Caltrans’.

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 work 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 Department 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 shows no completed work to date and no negative float or negative lag to any activity.

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.

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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 section 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 Transportation 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 USFWS-approved biologist provided by the City

Replace Section 1-1.12 MISCELLANY with:
1-1.12 MISCELLANEOUS
Make checks and bonds payable to the City of Goleta.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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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 -assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the r ecipient 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 addenda to these Special Provisions or other contract documents shall be acknowledged where indicated.

2-1.06A(1) QUESTIONS
Questions shall be submitted in writing to http://www.planetbids.com/ no later than (5) five working days prior to the bid opening. Questions submitted after the 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.

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Add Section 2-1.10A REQUIRED LISTING OF SUBCONTRACTORS:
2-1.10.A 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 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.

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 Bid. 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 bids for all Base Bid items 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 335

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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 INSURANCE & 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).

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

4 SCOPE OF WORK

Add to Section 4-1.01 GENERAL:
4-1.01 GENERAL
The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regulatory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of Bids. Actual quantities of Work to be performed may vary at the discretion of the Engineer. The project includes replacement of the playground, defined turf space, drought tolerant plant materials, drains under the playground, and adjustments to the alignment of the walkway to meet the American with Disabilities Act (ADA) guidelines and requirements.

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 right 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 contract nor release the surety, and the contractor agrees to perform the work as altered.
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2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations 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 profit, 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 contract, 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 altered 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 subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the 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.

Upon written notification, the Engineer will investigate 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 provisions of Section 9-1.12 DISPUTES of the Goleta Construction Specifications and as specified herein; otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. The notice of potential claim shall set forth in what 337

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respects the Contractor's position differs from the Engineer's determination and provide any additional information obtained by the Contractor. 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 review of the "Materials Information,", and an examination of the conditions above ground at the site. Supplementary information, obtained by the Contractor subsequent to the filing of the notice of potential 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.

The first order of work shall be clearing and grubbing.

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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 startin g 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 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.

CITY
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 $1 75.00 per hour for the actual cost of all inspection and $185 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) WORKING HOURS 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.

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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 dispute 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 D ispute 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 charter. 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 Section 9-1.12 DISPUTES of the Goleta Construction Specifications 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:
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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
05-1H4304 SB-101-21.4/21.9 IN SANTA

BARBARA

COUNTY ON
ROUTE 101 AT

SAN JOSE CREEK
Replace Bridge
05-1C3604 SB-217-0.9/1.4 IN SANTA

BARBARA

COUNTY ON
ROUTE 217 AT

SAN JOSE CREEK
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.

Add to Section 5-1.23A General:
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 Engineers 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.

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:

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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 $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 $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 calculations:

CALC_Contract number_Bid item number_Submittal Name
Example: CALC_12-345678_123_XXX.pdf

If submittal of more than one (1) copy or set of shop drawings or calculations is specified, submit only one (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.

Upon completion of review, the City returns one (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, delays, interruptions or any problems encountered.

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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. 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 withheld 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 electronic format accurately showing the information required above.

Record drawings shall be submitted and approved by the Engineer in accordance with these Special Provisions.

5-1.26 CONSTRUCTION SURVEYS:

The requirements specified in of the State Standard Specifications shall be replaced as follows:

The Contractor shall be responsible to hire a licensed land surveyor to provide all surveys to control the lines, elevations and dimensions of the work in conformance with the plans.

Any deviation from the lines, elevations and dimensions shown on the plans must receive prior approval from the Engineer. Where new construction connects to existing facilities, 343

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the Contractor shall check and establish the exact location prior to construction of the facility.

All stakes or marks will be provided by the Contractor as necessary to establish the lines and grades required for the completion of the work specified in the State Standard Specifications, on the plans, and in these Special Provisions.

The Contractor shall be responsible for the accuracy of his/her own layout work and shall be responsible and liable for the preservation of all established lines, grades and layout points. Stakes damaged or destroyed by the public or operations of the Contractor will be replaced at the Contractor’s expense.

Preservation and protection of survey monuments and markers encountered along the line of the work shall conform to the following: The Contractor shall notify the Engineer in writing of monuments that will be encountered and shall not be removed or damaged.

If a monument is determined by the Engineer to have been damaged or removed during the course work of the work by the Contractor and, notification is not made as described above, or markers are removed which are not in conflict with construction, the Contractor shall be responsible for the cost of referencing, resurvey, and replacement of the monument or marker. Replacement of Survey monuments and boxes shall be as set forth under Section 8771 of the California Business and Professions Code.

Payment for “Construction Surveying and Staking” will be made at the Contract Lump Sum Bid price for “Construction Surveying and Staking”.

Prior to the start of work, the Contractor shall notify the Engineer of monuments encountered within the limits of the excavation identified in the field and as shown on the Plans. If monuments need to be replaced as a result of the Contractor’s activities to complete contract work, the replacement of the monument will be paid for as outlined in Section 78-2 SURVEY MONUMENTS of the State Standard Specifications.

Replace Section 5-1.28 PROJECT SAFETY REVIEWS of the RSS with:
5-1.28 PROJECT SAFETY SUPERVISOR AND REVIEWS
The 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 of the name of the person who will act as the Contractor’s safety supervisor and furnish the safety supervisor's resume to the Engineer.

The 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 344

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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 – The 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.

The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify 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, a nd replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.

Your assigned project safety supervisor must perform and document project safety reviews with the Engineer:

4. At least 3 business days before the start of jobsite activities

5. 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

6. 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.

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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 performing 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 Revisions, discuss job hazard 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.

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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 shall be the contractor’s sole responsibility and must be repaired or replaced at their expense.

The 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 fai lure or damage during construction. If requested, provide shoring design calculations and details for review by the Engineer. Damage to existing structures, 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) Nonhighway Facility Protection 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.

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.

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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 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. The 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.

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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 and 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 Contractor to be performed or fulfilled under this Contrac t 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.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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 testing 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 results prior to incorporating materials into the project. The Contractor may elect to place material without the approved certificates of compliance and shall be at the Contractor’s own risk. The Contractor shall notify the Engineer in writing to get the approval of placement, and $10,000.00 will be withheld from the Contractor’s progress payment for each certificate of compliances until the certificate of compliances 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 day’s notice of the need for material testing.

Unless otherwise authorized by the Engineer, the substantiation of offer 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.
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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 the 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 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

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 requires, and all costs for testing shall be borne by the Contractor.

The Contractor must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.

Add to the end of Section 6-2.02A General:
6-2 QUALITY ASSURANCE

. 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 woul d 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 350

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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 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.

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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.
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:
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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.

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 indi cated in Contract Documents.

a. When manufacturers' instructions conflict with Contract Documents, 353

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request clarification from Engineer before proceeding.

Full compensation for conforming to all requirements specified in this 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.

In addition to Section 6 CONTROL OF MATERIALS of the State Standard Specifications, the Contractor shall follow the most current City of Goleta Quality Assurance Program.

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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Add to Section 7-1.02I(2) Nondiscrimination:

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 7-1.01I(2), 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. At the City’s Office

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 D. 354

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Changes, if any, to the general prevailing wage rates will be available at the same location.

This is a federally assisted project and Davis-Bacon (DBRA) requirements will be strictly enforced. Federal Labor Standards provisions HUD-4010 will be incorporated into the successful bidder’s contract and is attached hereto to this bid packet. Contractors, including all subcontractors and apprentices, must be eligible to participate. Federal Wage Determination No. CA20250014-Mod. #7 and State of California Prevailing Wage Index 2025-1 are incorporated herein. All labor is required to be paid at a rate not less than the greater of the current Federal Davis-Bacon Prevailing Wage or the State of California Prevailing Wage Determination made by the California Director of Industrial Relations. A copy of the Davis-Bacon Wage Rates is located within Appendix D of these Special Provisions.

In addition to providing us with all the federally mandated documentation regarding labor costs, you will be required to provide detailed invoices, receipts, and any other documentation that will prove the expenses are eligible and part of the project. See Community Development Block Grant (CDBG) Contract Special Provisions located within Appendix E of these Special Provisions.

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.

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 PST.

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 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 November), 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. 355

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Replace Reserved in Section 7-1.02P with:

The Contractor shall submit Federal Aviation Administration (FAA) form 7460 -1. The Contractor shall comply with the FAA regulations including marking, lighting, and height restrictions. The form is located at the following website:

https://www.faa.gov/documentLibrary/media/Form/FAA_Form_7460-1_2017.pdf

Anticipate a height restriction of 100 ft above ground level and 129 ft above mean sea level. A draft of the FAA letter is provided as supplemental information.

The Contractor is responsible for filing a Notice of Alteration (FAA Form 7460-1) with the Federal Aviation Administration of any construction activity that would require notification.

The City has determined that the permanent alterations are exempt from notification under section 77.9(a)(1) and 77.9(e)(1) as listed on the Form 7460-1 instructions

Add to the end of Section 7-1.03 PUBLIC CONVENIENCE:

Contractor shall notify the affected residents and businesses five (5) calendar 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 re novation 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 located within Appendix F of these Special Provisions.

Ten (10) calendar days prior to beginning construction, Contrcator shall assist in notifying schools, hospitals, ambulance services, p olice 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 business. 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 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) showing 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 356

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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 days, the Contractor shall remove the signs and place re -dated signs two working days (four calendar 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 (four (4) calendar 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 lo cated within Appendix G 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:

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 traf fic. Compensation 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.

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.

All work must be coordinated with the Traffic Control Plan, Project Schedule, Contract 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.
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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 H “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
• La Patera - 555 North La Patera Lane; (805) 681-1280

ii. Middle School
• Goleta Valley - 6100 Stow Canyon Road; (805) 967-3486

iii. Junior High School
• Goleta Valley - 6100 Stow Canyon Road; (805) 967-3486

iv. 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 therefore.

Replace Reserved in Section 7-1.10 with:
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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 holidays in the case of any public inconvenience and/or emergency relating to the Contractor’s operations. The Contractor must address the public in convenience 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 project without a written explanation from the Contractor which has been approved by the Engineer. Should a new representative be used, he/she shall be knowledgeable of the project, the events, and/or revisions that may be occurring.

Add Section 7-1.13 RIGHTS IN LAND AND IMPROVEMENTS:
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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 agreed to by the 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 proceeding week; and

2. Projected daily work for the next three (3) weeks, in writing using computer software programs; no handwritten schedule will be accepted. 360

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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.

Replace Reserved in Section 8-1.02C(3)(b) with:
8-1.02C(3)(b) SCHEDULE SOFTWARE LICENSES
The Contractor shall provide one licensed copy of the Microsoft Project scheduling software program used to produce the Contractor's Schedule to the Engineer, registered in the Engineer’s name. This licensed copy must be provided no later than five (5) working days after the NTP date and shall be fully licensed for the project duration and for six (6) months after the NOC date.

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 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.

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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

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 General 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 thirty-five (35) forty-five (45) working days from the date of the Notice to Proceed.

The Plant Establishment Period shall be ninety (90) working days and is separate from the contract's designated working days for construction activities. The Contractor shall be responsible for plant establishment during this 90-day period, which will begin upon the Engineer's formal acceptance of the planting. All planting work must be completed within thirty-five (35) forty-five (45) working days prior to the commencement of the Plant Establishment Period.

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 to the City a sum per day as outlined in Section 8-1.10 LIQUIDATED DAMAGES of these Special Provisions, for each and every calendar days’ delay in finishing the work in excess of the number of working days prescribed above.

ADDENDUM 1
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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 fifteen (15) calendar 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.

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. 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 363

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days. The project will not be accepted until all punch list items and plant establishment has been completed.

A sample of the weekly statement of working days is in Appendix I. 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 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 seven (7) calendar 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 will 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.

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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:

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:
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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

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 of these Special Provisions. Within ten (10) calendar 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

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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.

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 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 t he 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
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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 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 ten (10) calendar 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 368

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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:

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 of Goleta 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 calendar 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 actual material loss and disadvantage to the City, the Contractor and City agree that Contractor will pay the City the amount of damages set forth 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 dam ages 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 therefore 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 Times:

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The roadway section and or intersection shall be opened to traffic by the end of the roadways last working hours outlined in Section 7 -1.02K(5) WORKING HOURS of these Special Provisions. The Contractor shall pay to the City the sum of $2,000.00 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.

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 $190
for Inspector
5-1.08
Failure to receive an
approved submittal after
the first revision
Per submittal
review after the first
revision
$2,000 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
For each hour or
part thereof
$500 per hour 7-1.12
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and/emergency within
speficied timeframe
Unauthorized use of City
Right-of-Way
Per occurrence $1,000 per occurrence 7-1.15
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

Work Park Time Frame Liquidated Damage Reference
Section
Failure to open roadway
section and or intersection
by the end of the
roadway’s last working
hour
For each hour or
part thereof
$2,000 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 13-4.03A

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 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.

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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 cooperate 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-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 inferred 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 is 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 dif ferent location from that indicated on the plans or in these Special Provisions, 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 372

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Standard Specifications. Damage due to the 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 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 Provisions, 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 or 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 State 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:
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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;

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:
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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.

When the City terminates the Contractor’s performance of the Work for one of the reasons stated in 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 that 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 t he 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 damages caused to the City by acts of the Contractor.

8-1.13A(3) Erroneous Termination
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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 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 days of delivery of the request shall entitle the City to terminate the Contract and to the accompanying rights set forth above. Pending rec eipt 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 whic h 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 remedy of Contractor, the City shall pay Contractor in accordance with Section 8 -1.13E 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;
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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;

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 therefrom 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 located 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 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.
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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

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 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 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 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 378

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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/Demobilization Bonds and 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 stockpile 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 also 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:
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 J.

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.

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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 ( CC2 provided in Appendix J) 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.

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 completed 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 quantity and to subsequently correct any error made in any Application for Payment. 380

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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.

The Contractor shall submit Form CC5: Contract Change Order Form included in Appendix J This form must accompany all requests for change orders.

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 Legislature 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 le gal 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;
(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.
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(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 considered 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 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 s ubdivision (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 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 entities 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 damaged 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 382

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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 pursuant 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 Section 9-1.16A(9) PARTIAL PAYMENTS of these Special Provisions , to such lesser amount as the City determines is adequate security for the fulfillment of th e 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 C ity; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney 383

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authorizing the person to give that consent must 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 the 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, c onstruction trailers, storage trailers and bins, temporary 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 b ase 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 Rec ord 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 ten (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.

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.

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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 penaltie s, 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 contractual, administrativ e or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.

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 construed 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, defi cient 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) calendar 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 Contractor. 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.

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 benefic ial owner of any securities substituted for moneys withheld and shall receive any interest thereon.
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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 Withholds 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 th ereafter 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, s top 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 mechanics 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, permit 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 account 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).

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.

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Any lien, stop payment notice, or other claim, filed or asserted after the Contractor’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 five ( 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 entity” 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 subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes o f the public agency.
(b) In a Contract between the original Contractor and a Subcontractor, and in a Contract between a Subcontractor 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. (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 of retentions that would have o therwise been withheld.

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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 satis faction 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 J. 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 ins pect the Work and will either (1) reject the requested Affidavit of Final Completion, specifyin g 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.

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; 388

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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;

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 J).

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 t o Section 8 -1.11 “UTILITY AND NON -HIGHWAY WORK” and Section 19-1.01A(1) “POTHOLE UTILITIES” 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 satisfactory 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 forty-eight (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 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 F 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 “No Parking” signs. At the pre - construction meeting, Contractor shall submit to the Engineer a sample “No Parking” sign for acceptance. A sample of the temporary “No Parking” signs is located within Appendix G of these Special Provisions. 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 speed. At the pre-construction meeting, Contractor shall submit to the Engineer a sample 393

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“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.

Goleta City CouncilOctober 7, 2025

Goleta City Council
October 7, 2025