Hollister City Council
January 17, 2023

· New Taxiway Edge Lights and conduit
· New Runway 06-24 cabling
· Directional Taxiway signage
· Demolition of the existing Taxiway C pavement
· Drainage Improvements
· New REILS on Runway 13, relocate existing 31 REILS
· Unclassified excavation
The overall schedule for the Project is anticipated to be as follows:

Base BidPhase 1 – 90 calendar days plus an additional 60 days for mobilization Additive Alternative No. 1Phase 2 – 30 calendar days (no additional contract time given for Add Alt. No. 1Phase 2)

The Runway 6 Safety Improvements construction is scheduled to begin approximately in August 2023 with completion in late January 2024.

Reference Appendix A, respectively, for Construction Phasing Plans.

1.2 CONSTRUCTION PHASING (SECTION 2.06)

1.2.1 Phasing Summary
The Contractor shall perform each phase of the work within the periods of time specified. Liquidated damages in the amounts specified in the contract documents shall be assessed if the Contractor fails to complete any phase within the specified allowed duration. The words “work area”, “zone”, and “phase” may be used hereafter to describe either the period of time, and/or the area in which, certain work is to be done.

The Contract Time for completion of Phases 0 - 2 under this Contract shall be One hundred- fifty (150) Calendar Days and will consist of the following phases:

Table 1 Construction Phase Durations
Phase Duration
Phase 0: Mobilization and Procurement of Materials 12060 Calendar Days
Phase 1: Runway 6 Safety Area Improvements 90 Calendar Days Phase 2: Improvements within Runway 13/31 Object Free Area 30 Calendar Days Total 210150 Calendar
Days
A.10.b
Packet Pg. 452

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

All phases of work are dependent on other phases being constructed and operational. The relationship of phases is outlined Table 2Table 2 below:

Table 2 Construction Phasing Relationships
Phase Work
Period Predecessor Successor
Concurrent
Work
Phases
Remarks
0 Day
Work None Phase 1 N/A
Submittal approval,
material procurement,
NOTAM requests, staging
area set-up, and other
items required to start
Phase 1
1 Day
Work Phase 0 Phase 2 Phase 2
Coordinate all closures
with CVH.
2 Night
Work Phase 1 None Phase 1
Coordinate all closures
with CVH.

Day work shall require a minimum one 8-hour work shift each calendar day, typically starting at 0700 hour. 6

1.2.2 Work Within Area Limit Lines
The limits of each work area for construction are clearly shown on the construction phasing plans. For each Work Area, these lines show the limit of the work area in which the Contractor may have workers, equipment, and materials, and in which he may conduct work for that area.

1.2.3 Contingency Planning Meeting
Prior to the start of each phase of the Work, the Contractor shall schedule a meeting with the Resident Engineer, CVH, and applicable personnel of the Contractor to discuss the next phase of construction. The topics of discussion may include but are not limited to: limits of construction, work hours, haul routes, aircraft operations, lighting requirements, backup equipment and materials, emergency notification procedures and emergency contacts, temporary stockpile locations, procedures that must be followed should the Contractor be unable to open a phase at the end of each work shift, and other topics as appropriate.

Payment for the contingency planning meetings shall be considered as included in the prices bid for the various items of Work. No additional payment will be made therefor.

1.2.4 Construction Phasing
A.10.b
Packet Pg. 453

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

1) Phase 0 – Mobilization and Procurement of Materials
A. Contractor Access and Work Restrictions to Phase 0:

1. Work Days: No Work to be performed on airfield prior to NTP

2. Work Hours: Daytime

3. Allowed Duration: 1260 consecutive calendar days
B. Work to be done in Phase 0:

Mobilization shall consist of all actions necessary to be completed by the Contractor prior to the beginning of field construction including, but not limited to, obtaining required AOA training instruction from the Airport including, installation of construction staging area improvements, submittals, and preparation and approval of the Contractor Baseline Construction Schedule and other critical submittals. It is anticipated that many of these items will be submitted before the NTP on Phase 1 construction work begins to streamline the process. This work includes, but is not limited to, the following work:

1. Submittal of Notices Of Work (NOW).

2. Submittal and approval of Contractor’s Baseline Construction Schedule.

3. Procurement of materials needed for construction.

4. Submittal of all material, shop drawings, and other submittals required for the work; including Contactor’s job mix formula

5. Submittal and approval of the Contractor’s Safety Plan Compliance Document (SPCD). No work shall begin without an approved SPCD.

6. Submittal and approval of Airport Security Plan by CVH Operations.

7. Development and approval of the Contractor’s General Construction Permit for Stormwater Pollution Prevention Plan (SWPPP) through SMARTS system

8. Preparation, submittal and approval from the FAA for construction activities required. FAA form 7460-1 shall be used.

9. Installation and delineation of contractor staging area for storage of idle equipment and materials.

C. Airfield pavement areas to be CLOSED to aircraft operations during construction of Phase 0:

1. No Closures

2. Other Conditions and Constraints for Phase 0:

1. None
A.10.b
Packet Pg. 454

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

2) Phase 1 – Runway 6 Safety Area Improvements
A. Contractor Access and Work Restrictions to Phase 1:

1. Work Days: 7 Days a Week

2. Work Hours: Daytime, 8 Hours per shift minimum beginning at 0700

3. Allowed Duration: 90 consecutive calendar days
B. Work to be done in Phase 1:

Work shall consist of all work within Phase 1 as shown on the plans. This Phase includes, but is not limited to, the following work:

1. Test strip

2. Construction of Relocated Taxiway C

3. Runway 06/24 Cabling outside Runway 13/31 Object Free Area

4. New Taxiway C Edge Lights

5. Directional Signage

6. Demolition of the existing Taxiway C Pavement

7. Drainage Improvements, installation of Storm drain infrastructure C. Airfield pavement areas to be CLOSED to aircraft operations during construction of Phase 1:

1. Taxiway C just north of GA Hangars

2. Portion of vehicle service road will be closed to perform test strip D. Other Conditions and Constraints for Phase 1:

1. The Contractor shall maintain dust control and continual FOD prevention and maintenance within the construction area and along the haul route.

2. No Paving on Taxiway C shall take place until Test strip has been approved.

3. Contractor shall install and maintain low profile barricades and barricade lights as shown on the plans at the beginning and throughout the duration of the phase.

Barricades are used for daily closures and are removed at the end of the shift.

Barricades and lights shall be approved by CVH at the beginning of the closure.

4. The Contractor shall coordinate work with Resident Engineer and CVH Operations to minimize impacts to airfield operations. All airfield pavement areas associated with this phase shall be inspected by the Contractor and CVH Operations for compliance with Operational Standards prior to closed facilities being re-opened to air traffic.

A.10.b
Packet Pg. 455

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

5. The Contractor shall not enter active aircraft movement areas without escort from designated CVH personnel.

6. There shall be no Contractor traffic outside the designated construction limits and haul routes.

7. No work shall take place within active portions of Taxiway C safety area during daytime hours.
3) Phase 2 – Improvements within Runway 13-31 Object Free Area A. Contractor Access and Work Restrictions to Phase 2:

1. Work Days: 7 Days a Week

2. Work Hours: Nighttime, 2100 to 06700

3. Allowed Duration: 30 consecutive calendar days
B. Work to be done in Phase 2:

Work shall consist of all work within Phase 2 as shown on the plans. This Phase includes, but is not limited to, the following work:

1. Runway 06/24 Cabling within Runway 13/31 Object Free Area

2. Installation of Runway 13 REILS

3. Relocation Installation of Runway 31 REIL

4. Drainage Improvements, installation of Storm drain infrastructure C. Airfield pavement areas to be CLOSED to aircraft operations during construction of Phase 2:

1. Runway 13-31 and Runway 06-24
D. Other Conditions and Constraints for Phase 2:

1. The Contractor shall maintain dust control and continual FOD prevention and maintenance within the construction area and along the haul route.

2. Phase 2 shall be constructed concurrent to Phase 1.

3. Contractor shall install and maintain low profile barricades and barricade lights as shown on the plans at the beginning and throughout the duration of the phase.

Barricades are used for daily closures and are removed at the end of the shift.

Barricades and lights shall be approved by CVH at the beginning of the closure.

4. The Contractor shall coordinate work with Resident Engineer and CVH Operations to minimize impacts to airfield operations. All airfield pavement areas associated with this phase shall be inspected by the Contractor and CVH Operations for compliance A.10.b
Packet Pg. 456

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

with Operational Standards prior to closed facilities being re-opened to air traffic.

5. The Contractor shall not enter active aircraft movement areas without escort from designated CVH personnel.

6. There shall be no Contractor traffic outside the designated construction limits and haul routes.

A.10.b
Packet Pg. 457

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

2. AREAS & OPERATIONS AFFECTED BY CONSTRUCTION ACTIVITY (SECTION 2.7)

1. Runways and taxiways have safety areas (RSA and TSA), Obstacle Free Zones (OFZ) and Object Free Areas (OFA) as shown on the figures in this report. The dimensions of these areas are based on the type of aircraft using the runway and taxiway during construction activities.

2. No construction may occur within the ROFA, the ROFZ, the RSA and TSA while the runway and/or taxiway is open for aircraft operations. Open trenches or excavations are not permitted within the RSA while the runway is operational. All trenches must be backfilled before the runway is opened. If a taxiway must be opened before excavations are backfilled, cover and mark the excavations appropriately. Covering for open trenches must be designed to allow the safe operation of the heaviest aircraft operating on the airfield across the trench without causing damage to the aircraft. Soil erosion must be controlled to maintain RSA/TSA grading standards. The standard RSA/TSA must be cleared and graded and have no potentially hazardous ruts, humps, depressions, or other surface variations. The RSA/TSA must be capable, under dry conditions, of supporting the occasional passage of aircraft without causing structural damage to the aircraft. There shall not be any drop-offs greater than 3 inches and the area shall be drained / graded to prevent water accumulation. See Construction Phasing Plans in Appendix A for the safety areas affected by construction of this project.

3. All equipment shall be removed from the Runway Object Free Area (ROFA) when not in use.

Material shall not be stockpiled in the ROFA. See Construction Phasing Plans in Appendix A for the ROFA affected by construction of this project.

4. No Construction activity, including open excavations, may be accomplished within the width of the taxiway object free area, subject to the following restrictions:
a. Driving speed is limited to 15 mph.
b. Marking and lighting meeting the provisions of paragraphs 2.19 and 2.20 of Advisory Circular (AC) 150/5370-2G Operational Safety on Airports during Construction are implemented.
c. If desired, appropriate orange construction signs are installed. d. Five-foot clearance is maintained between equipment and materials and any part of an aircraft (includes wingtip overhang). If such clearance can only be maintained if an aircraft does not have full use of the entire taxiway width (with its main landing gear at the edge of the usable pavement), then it will be necessary to move personnel and equipment for the passage of that aircraft.

Prior to reopening a runway/taxiway closed for construction for any period of time, all equipment and materials shall be moved outside the TOFA and ROFA, all barricades and A.10.b
Packet Pg. 458

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

lighting shall be established per Construction Phasing Plans requirements, no stockpiles shall remain within the TOFA and ROFA, grades shall be left in a condition to prevent dust, rock movement due to jet blast, or other objectionable movement of material onto the open runway/taxiway, and the runway/taxiway pavement shall be cleaned of all construction debris. The Resident Engineer/Airport Operations shall retain the right to shut down Contractor operations in any work area if these conditions are not met. See the Construction Phasing Plans in Appendix A for the safety areas affected by construction of this project.

5. Personnel, equipment, and/or material may not penetrate the Runway OFZ and the Precision Obstacle Free Zone (POFZ) while the runway is open for aircraft operations. See the Construction Phasing Plans in Appendix A for the ROFZ and POFZ adjacent to the construction of this project.

6. Contractor shall provide low-profile barricades with red flashing lights installed where potential conflicts with aircraft or ground vehicular traffic exists and to delineate closed movement areas.

Stockpiles and construction equipment shall not penetrate the FAR Part 77 imaginary surfaces or the Threshold Sighting Surfaces (TSS) for Runways 06/24 and 13/31. Material stockpiles shall not conflict with AC 150/5370-2G criteria or present FOD problems.

Table 3 Runway 06/24 Existing Data
Runway 12R/30L Criteria Existing Data
Runway Width (ft) 100
Runway Overall Length (ft) 3,150
06 24
Runway Design Code (RDC) B-II B-II
RSA Width(ft) 150
Runway Marking Visual
Visual/Navigational Aids None VASI, REIL
Approach Visibility Minimums Visual Visual

A.10.b
Packet Pg. 459

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

Table 4 Runway 13/31 Existing Data
Runway 12L/30R Criteria Existing Data
Runway Width (ft) 100
Runway Overall Length (ft) 6,350
13 31
Runway Design Code (RDC) B-II B-II
RSA Width(ft) 120
Runway Marking Nonprecision
Visual/Navigational Aids PAPI-2, REIL,
GPS
PAPI-2, REIL,
GPS
Approach Visibility Minimums Vis 1 Mile

A.10.b
Packet Pg. 460

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

3. PROTECTION OF NAVIGATION AIDS (NAVAIDS) (SECTION 2.8)

1. Construction Activities are anticipated to affect the following NAVAIDS:

Table 56 Impacted NAVAIDS
Phase NAVAID Impacted Duration
Phase 1
Rwy 06-24
VASI and REIL
30 Calendar Days

2. No work may occur within the glide slope and LOC critical areas while the ILS is active.

3. The Contractor shall coordinate shutdown of the ILS in accordance with the FAA ATO Coordination as identified in 1.1.3 FAA ATO Coordination above. A minimum of two weeks advance notice is required.

4. As soon as work is complete within the critical area, the Contractor shall notify CVH Operations to allow FAA Technical Operations to perform any ground checks or flight checks as required.

Contractor shall be responsible for addressing any grade issues identified by FAA during this process.

5. CVH Operations will issue a NOTAM in accordance with section 8 Notification of Construction Activities

5.6. (Section 2.13)Notification of Construction Activities (Section 2.13) below of this document.

6.7. Prior to commencement of work, the Contractor will be responsible for locating any utility lines within the Project work areas and protect the existing facilities in place unless called out for removal in the contract documents. The Contractor shall notify CVH in writing of any utility conflicts identified in the area.

A.10.b
Packet Pg. 461

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

4. CONTRACTOR ACCESS (SECTION 2.9)

4.1.1 Access Control
The contractor shall conform to authorized personnel access control contained within the Contract Documents. Reference the Construction Phasing Plans in Appendix A.

4.1.2 Security Plan
The Contractor shall submit a Security Plan for approval by CVH. No work shall commence within the AOA until the Plan is approved. The Plan shall include, but not be limited to the following:
a. A statement that all parts of the Airport Security Program (ASP) apply except as amended in the Contractor's approved Security Plan.
b. The starting and ending dates of the Project.
c. The name, address, and phone number of the Contractors superintendent(s). d. A list of 24-hour-a-day 7-days-a-week emergency contact name(s) and phone number(s).
e. A brief description of Project.
f. The names of CONTRACTOR employees to be badged, the type of badges to be requested, and a statement that there will be no unbadged or unescorted workers in the project work area(s).
g. A description of the planned access points to the secure area(s) and security measures that will be taken at the access point(s).
h. Any other information that affects the existing Airport Security Program. i. Test 100 square inch photocopy of the company vehicle logo to be displayed on all vehicles that will be unescorted on the AOA. This will include general and subcontractor vehicles.
j. A detailed description of any security fences, gates, or other equipment the Contractor intends to utilize to meet security requirements on the Airport. (The Contractor will be limited to the AOA access points as shown on the Project Construction Phasing Plans).

The Security Plan must be on company letterhead and signed by a responsible officer of the company. It will be reviewed by Airport Operations and the TSA.

The Security Plan shall not be in force until it is approved by the Airport Security Coordinator (ASC). The Contractor shall submit this plan to the Resident Engineer at least forty-five (45) to sixty (60) days prior to the expected start of work. A Notice to Proceed will not be issued until this item is completed and approved. Complete instructions on completing a security plan are included in the project contract documents.

A.10.b
Packet Pg. 462

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

4.1.3 Security/Identification Badges
All persons employed by the Contractor or any subcontractor who must have unescorted access to any area of the Airport controlled for security reasons, must obtain a security badge from the Airport and will be required to undergo a fingerprint-based background check and security training prior to a badge being issued. Security badges must be worn on the employee's outermost garment and above the waist at all times when in the controlled area(s).

Airport security badges are not transferable or assignable. The security badges shall not be modified or altered in any way and must be safeguarded at all times.

Lost/stolen security badges must be immediately reported within fifteen (15) minutes of knowing it was lost/stolen to Airport Administration by calling (831) 636-4365.

Contractor must maintain a list of accredited persons and keep background records on file.

Failure to comply with this requirement will subject the Contractor up to a ten thousand-dollar ($10,000.00) fine per occurrence.

Contractor to return all identification badges immediately upon expiration of holder's contribution to the Work. Return all identification badges to Airport within 24 hours upon receipt of written notice from the Airport. Failure to return identification badges after receipt of written notice will subject the Contractor to a fine for each badge holder's unreturned badge.

4.1.4 Gate Guards
The Contractor shall provide gate guards, as necessary, at open gates used by the Contractor for vehicle ingress and egress through the Airport perimeter security fences. The Contractor shall stop any unauthorized persons entering the Airport through these gates. Unless otherwise approved, gates shall be closed at all times while not in use. Airfield safety and security are paramount, and shall be maintained at all times. Each gate guard must have the ability to contact 911 for any security breach or other emergency. · The gate shall be opened to allow authorized vehicular passage and closed and locked at all other times.
· All vehicles must have an approved logo or company name displayed on both sides of the vehicle.
· Unless a gate guard is performing guard duty, the gate must be secured and locked. · No one may enter the AOA unless the preceding conditions are met.

4.1.5 Contractor staging areas
A.10.b
Packet Pg. 463

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

Contractor staging areas, as depicted on the construction drawings, shall be used to store all idle equipment, supplies and construction materials. Storage shall not interfere with operation areas. When not in use during working hours, and at all other times, all material and equipment shall be stored at the storage site indicated on the drawings unless prior approval is provided by the Resident Engineer.

Storage of equipment and materials left overnight shall be in the Contractor’s staging area as shown on the Safety Plan Exhibit. The Contractor shall be solely responsible for the security of the lay-down area and shall be liable for any damages caused to such premises. The Contractor shall restore the staging and storage areas and adjacent areas to their original condition prior to final acceptance of the work.

The Contractor shall keep the work area and adjacent areas free from dirt and debris caused by the work. Noise from construction operations shall be subject to control by the Resident Engineer to avoid interference with the operations of the Airport. Equipment and materials must be stored off Airport property until the time they are to be used or incorporated into the work, unless otherwise approved by the Resident Engineer. Materials unloaded at the work site shall be placed as to cause no greater obstruction to automobile and pedestrian traffic than is considered necessary by the Resident Engineer. No roadway or passageway shall be closed or opened except by express permission of the Resident Engineer. Construction equipment and material delivery vehicles shall be operated in such a manner as to avoid any hazard or apparent hazard to the public. As required by the general provisions, the Contractor shall place sufficient delineator or barricades and sign closing off the work area within and adjacent to work area, without interrupting the safe and orderly flow of aircraft, pedestrian, or vehicular traffic.

4.1.6 Location of stockpiled construction material
· The Contractor staging area shall be used to store all idle equipment, supplies and construction materials. Storage shall not interfere with operational areas. · When not in use during working hours, and at all other times, all material and equipment shall be stored at the storage site unless prior approval is provided by the Resident Engineer and CVH.
· The Contractor shall not store materials or equipment in areas in which the equipment or material will affect the operation of FAA electronics equipment. · No materials may be stored on the Air Operations Area (AOA) unless authorized by the Resident Engineer and CVH.
· Parking of construction workers’ private vehicles shall not be allowed within storage areas located on the AOA. Any approved storage of equipment will not present a line of sight problem with FAA Air Traffic Control, flagman operations, vehicle traffic or aircraft.

A.10.b
Packet Pg. 464

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

· Stockpiling of material will only be allowed at the Contractor’s staging area unless otherwise approved by the Resident Engineer/Airport. Contractor shall be responsible for any blown debris or dust from stockpiles. The stockpile height shall be restricted to 15’ and shall remain below the FAR Part 77 imaginary surface contours. However, low level barricades with red flashing lights shall be installed where potential conflicts with aircraft or ground vehicular traffic exists. · Contractor shall not park equipment, vehicles or stockpile materials within 10’ of any AOA security fence.
· For the locations of construction site parking access points and haul routes, see the Construction Phasing Plans in Appendix A.

4.1.7 Haul routes
Haul route vehicles delivering materials to, or hauling material from, the work sites shall use the gates and haul routes as shown on the plans.

· Roads designated as Contractor haul routes may be used by other Airport vehicles, Contractors and the general public (along public roads). The Contractor shall not interfere with other vehicle traffic and shall yield to emergency vehicles and aircraft along any of the Airport or public roads. The Contractor shall provide all flagging, signing, lighting, etc. required by the Airport, city and the state to provide all reasonable safety measures to protect all persons utilizing the AOA service road, the haul road, and all public roads used by the Contractor. The Contractor shall obey all vehicular weight and speed limits established as posted on Airport property and public streets.
· Any damage along the Contractor access/haul routes due to the Contractor’s use shall be repaired immediately at no additional cost to the airport. At the completion of the project, all pavements and surfaces along the access routes shall be restored to their original conditions, as determined by the Resident Engineer. Contractor shall repair any damage to the haul road and public roadway due to his/her operations. The Contractor shall coordinate and meet the cleaning and repair requirements set by other public agencies for use of pre-inspection and documentation of haul route conditions.
· All vehicles and equipment shall be kept within the work areas established for that work shift unless traveling to or from the site. Under no circumstances shall vehicles be parked or equipment be stored outside of the areas.
· Any equipment temporary parked at a work site for use during the current work shift shall be properly marked, parked outside all safety areas and with the barricaded work site. Equipment shall not exceed 15 feet in height and shall be left in the lowest possible profile position.

A.10.b
Packet Pg. 465

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

· All airfield markings along haul routes and areas adjacent to the work area shall be maintained by the Contractor to the satisfaction of the Resident Engineer for the duration of the project.
· All surplus pavement materials designated for removal such as surplus unclassified excavation, unsuitable excavation, rock, concrete and asphalt pavement shall be hauled off to the Contractor’s staging area for future disposal off Airport property.

Trucks delivering asphalt pavement or concrete shall not wash out chutes, beds, mixers, etc. on the AOA. Equipment shall not be stored between work shifts on the active AOA between work shifts.
· Locations of access roads are approximate. Exact locations shall be coordinated with the Resident Engineer to avoid surface utilities, navigational equipment, taxiway safety areas, etc. Access roads must be constructed and operational before any other work can begin. All vehicles and equipment must access the work area along designated access roads.

4.1.8 Requirement and Regulations relating to the Operation of Motor Vehicles General:
· During the duration of the work, the Contractor shall recognize and abide by all rules, regulations, and controls, as modified by federal regulations. · In addition to the federal regulations, the Resident Engineer is empowered to issue other instructions as deemed necessary for the safety and well-being of Airport users or otherwise in the best interest of the public.
· Vehicles entering the AOA must comply with AC 150/5210-5, Painting, Marking, and Lighting of Vehicles Used on an Airport.
· Contractor shall provide a detailed Driver’s Operation Plan (DOP) as part of its SPCD.

The DOP shall specifically address the operation of its vehicles while in the AOA under normal, lost communications, and emergency conditions.

4.1.9 Operation of Motor Vehicles within the AOA:
· Motor vehicle operations within and on the Airport premises shall be governed by the provisions of the California State Motor Vehicle Codes and traffic direction procedures and signs and signals for turns. Lights and safe-driving precaution shall be in conformity therewith. In addition, motor vehicles shall conform to all special regulations prescribed by the Airport.
· Traffic on perimeter roads, enplaning and deplaning areas, public thoroughfares and parking areas on the Airport is limited to those vehicles properly licensed to operate on public streets and highways or as approved by the Resident Engineer/Airport.

A.10.b
Packet Pg. 466

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

· Every person operating motorized equipment of any type on the Airport shall operate the same in a careful and prudent manner and at a speed posted or fixed by this section or the general provisions and at no time greater than is reasonable and proper under the conditions existing at the point of operating, taking into account weather, traffic and road conditions, line of sight, or obstructions, and shall be consistent with all conditions so as not to endanger the life, limb or property, or the rights of others entitled to the use thereof.
· The Contractor shall be aware that operations of aircraft in an adjacent area will result in jet blast occurring in the work area. The Contractor vehicles, equipment and supplies must remain inside the work area established for the work shift unless in transit to or from the site. All vehicles and equipment must access the work area along designated access roads.
· Vehicles shall be marked with the company name or logo on both sides in no less than 4-inch high letters of a contrasting color. Markings may be painted on the vehicles, or magnetic signs may be used.
· All construction vehicles within the AOA shall be equipped with reflectors, lights on both front and rear ends and on the sides, or an orange and white checkered flag.

The flag is sufficient for daytime operations.
· Contractor’s vehicles shall be equipped with operable yellow flashing beacons.

Beacons must be lighted during all periods of the vehicle operation and while vehicle is within the AOA.
· No person shall operate any motor vehicle or motorized equipment with the AOA unless such motor vehicle or motorized equipment is in a safe and mechanically reliable condition for such operation.
· Any person operating equipment within the AOA shall, in addition to this section, abide by all existing Federal Aviation Administration and other governmental rules and regulations and shall at all times comply with any lawful signals or direction of Airport employees. All traffic signs, lights and signals shall be obeyed. · No person shall operate any motor vehicle or motorized equipment on the aircraft movement or non-movement areas of the Airport at a speed in excess of the posted (established) speed limit, and less where conditions require. In areas where speed limit is not posted, drivers may not drive at speeds higher than 10 mph. Designated motor vehicle driving lanes shall be utilized where provided unless specific direction is given by the Resident Engineer.
· No person operating a motor vehicle or motorized equipment within the AOA shall in any way hinder, stop, slow, or otherwise interfere with the operation of any aircraft.
· Vehicles shall remain within established driving lanes. It is prohibited to use Runways or Taxiways or adjacent field areas unless specifically indicated on the plans. It is emphasized that the Contractor’s authority to operate does not extend to A.10.b
Packet Pg. 467

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

active aircraft movement areas. The Contractor shall operate along established haul routes with prior approval of the Airport.
· Contractor shall refer to the General Provisions for additional requirements.

4.1.10 Parking:
· No parking is permitted on the Airport roadways as the primary purpose of the Airport roadways is for motor vehicle traffic.
· No person shall park any motor vehicle, other equipment, or materials within the AOA, except in a neat and orderly manner and at such locations prescribed or as directed by the Resident Engineer or airport.
· No person shall park any motor vehicle or other equipment or place materials within the AOA within 15 feet of any fire hydrant or standpipe. · Parking of construction workers’ private vehicles shall also be in a public parking or private parking facility outside the AOA unless otherwise approved by the Resident Engineer. Under no circumstances shall vehicles or equipment be parked within 5 feet of the Airport perimeter security fence line.

4.1.11 Vehicle Identification:
· Load Limits: When using Airport roadways, the Contractor shall restrict the gross combination weight to 80,000 pounds, single-axle maximum weight of 20,000 pounds, and a tandem axle weight maximum of 32,000 pounds. All vehicle weights are subject to verification by the Resident Engineer.
· Delivery and Parking of Construction Equipment and Vehicles: No equipment or construction vehicles shall be parked or left unattended outside the airfield access gates or on public roadways. When equipment or vehicles are to be delivered to the work site, the Contractor must be present to accept the equipment or vehicles and shall escort them inside the airfield fence and have them parked in the Contractors staging area or other approved location on the airfield. Any construction equipment or vehicles left unattended outside the airfield gates or on public roadways shall be impounded by the local jurisdiction.
· Each vehicle or unit of equipment that travels or operates on any part of the AOA shall have an approved decal or painted company name applied to both sides of the vehicles in a location opposite the driver's seat. The identification should be applied to the front door panels. Magnetic or temporary signs are not acceptable. The name of the company should be spelled out in letters no less than four (4) inches high. · Vehicles that appear at access gates without signs on both sides of the vehicle will be denied access. Vehicles found to be missing signs within the AOA will be escorted off the project site and not be permitted to re-enter until signs have been installed.

A.10.b
Packet Pg. 468

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

· All aircraft and airport emergency vehicles have priority over Contractor vehicles.

Contractor vehicles shall yield right-of-way to aircraft and emergency vehicles.

Contractor shall ensure that under no circumstances will any Contractor or subcontractor or other vehicle associated with the project pass beneath any part of an aircraft or loading bridge or block the access to any parking gate or delay any aircraft movement.
· Any person operating equipment in the Air Operations Area shall, in addition to this section, abide by all existing Federal Aviation Administration and other governmental rules and regulations.
· All heavy equipment and vehicles (powered and non-powered) within the AOA shall be equipped with reflectors or lights on both front and rear ends and on the sides or an orange and white checkered flag.
· All motor vehicles that enter the AOA shall possess exhaust systems which are protected with screens, mufflers, or other devices adequate to prevent the escape of sparks or the propagation of flame.

1. Requirements and Regulations relating to Operators of Vehicles:
· All drivers operating vehicles on Airport property must carry a valid United States driver's license on his/her person, appropriately endorsed for the type of equipment being operated.
· All drivers designated to operate vehicles within the AOA shall receive drivers training for the non-movement areas and additional special training for the movement areas. Training shall be approved by the Airport and completed prior to operating within the AOA. Drivers operating outside the AOA may operate vehicles without attending the special drivers training.

2. Vehicle Operator Training:
· Every driver who operates a vehicle on the AOA of the Airport must be familiar with the pertinent provisions of the state of California vehicle code; and, the traffic and licensing subsections of these rules and regulations. The driver must have been trained in the vehicle to be operated.

3. Maintenance of the Secured Area of the Airport:
· Contractor must obtain approval of a detailed, written Security Plan from the Airport Security Coordinator (ASC) prior to being authorized to operate in the AOA. · Security Breach/Unauthorized Access into work site: The Contractor’s employee shall call the Airport phone number: (831) 636-4365 immediately to report to Airport that an unauthorized individual has accessed the airfield through the work site, in the event of after hour emergencies they shall call (831)636-4331.

A.10.b
Packet Pg. 469

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

5. WILDLIFE MANAGEMENT (SECTION 2.10)
Construction activities shall not create an attractant to wildlife within the area. Proper housekeeping, maintenance and ongoing inspection by the Contractor with support from the Resident Engineer and Airport will maintain this condition. · Food scraps must be collected from construction personnel activity and disposed of in closed refuse containers in the Contractor’s staging area. Trash is to be cleaned up on a daily basis and the container is to be closed securely before leaving the site. · The Contractor will prevent standing water that may attract wildlife. · The airport’s perimeter fence keeps animals from wandering within the airport environs. The Contractor’s superintendent shall be responsible for assuring that the construction site is secured from wildlife and unlawful intrusions by unauthorized individuals at the end of each day by exercising security awareness and oversight and ensuring gates are locked.
· The contractor is required to notify the airport in any instance where wildlife is disturbed, and /or any instances where wildlife are found inside the airport perimeter. The Contractor shall take notes of existing biologically sensitive areas and avoid entering or disturbing the areas.
· The Contractor shall describe compliance with the provisions of this section in the SPCD.

A.10.b
Packet Pg. 470

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

6. FOREIGN OBJECT DEBRIS (FOD) MANAGEMENT (SECTION 2.11) The following shall be employed to counter and control FOD.

1. All aircraft movement areas shall be under constant surveillance by the Contractor and the Airport to ensure they are acceptable for aircraft operations.

2. No loose material or waste (FOD) capable of causing damage to aircraft or capable of being ingested into jet engines may be left in the working area on or next to runways, taxiways, ramps, or aprons. The Contractor shall direct special attention to all areas which are operational to aircraft during construction. These shall be kept clean and clear of all materials or debris at all time. Any food waste shall be promptly cleared to prevent attracting birds and animals.

3. All loose material or waste (FOD) located on aircraft movement areas shall be reported to the inspectors immediately; the inspectors shall coordinate with Airfield Operations to close the area to aircraft traffic if required until cleanup is accomplished.

4. Trucks and equipment shall have all accumulated dirt, mud, rocks and debris removed before accessing the AOA, and when leaving the work area. Loads shall be struck flush and secured to prohibit loss of material. If spillage occurs, such roadways shall be swept clean immediately after such spillage to allow for safe operation of vehicles as determined by the Resident Engineer. If the Contractor is negligent in cleanup and CVH resources are required to perform the work, the expense of said cleanup shall be paid by the Contractor.

5. The Contractor shall continuously sweep and wash down all access routes to the construction areas and existing adjacent paved areas and AOA pavements. These areas shall be kept free of debris at all limes, at no additional cost to the Owner.

6. The Contractor shall keep at least one (1) operational vacuum sweeper trucks on site and operational at all times during working and non-working hours during boring operations, for portion of work where dust/debris is possible during boring operations, and shall maintain the sites free from dust and objectionable debris. During the period of time that there is no construction activity (between work shifts), the vacuum sweeper truck must be ready and on- site with Contractor's personnel available by phone to respond immediately to a dust or debris problem as identified by CVH Operations or the Resident Engineer. At no time shall there be more than a 10-minute response time to calls concerning dust/debris problems during work hours and a 60-minute response time at all other times on a 24-hour per day basis. The Contractor shall provide whatever means necessary to prevent foreign object debris (FOD) in aircraft movement areas and provide construction area generated dust control on a 24-hour basis.

A.10.b
Packet Pg. 471

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

7. The Contractor shall provide truck washes, rumble strips, shakers or other means as necessary to prevent FOD in the AOA and will be monitored by the Resident Engineer. If the Contractor's method does not remove debris adequately to meet safety requirements, the Contractor may be shut down and will be required to utilize other methods at no additional cost to the Owner.

8. The Contractor shall describe compliance with the provisions of this section in the SPCD.

A.10.b
Packet Pg. 472

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

7. HAZARDOUS MATERIALS (HAZMAT) MANAGEMENT (SECTION 2.12)

1. All construction activity involved with the handling of hazardous materials shall require the Contractor to provide the project Resident Engineer with a hazardous materials removal plan.

The plan will include the name of the company used for removal of hazardous materials and the names and 24-hour telephone numbers of staff authorized to handle such removals. Contractor shall notify and coordinate with Resident Engineer prior to any removal of hazardous materials.

No fuel, oil, grease, flammable liquids, or contaminants of any kind, including detergents, shall be allowed to flow into or be placed in any sewer system or open water areas without a separator or unless connected to an industrial waste system. The Contractor shall be responsible for all contamination due to construction activities and shall provide decontamination processes at no additional cost to the Owner.

2. The Contractor shall describe compliance with the provisions of this section in the SPCD.

A.10.b
Packet Pg. 473

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

8. NOTIFICATION OF CONSTRUCTION ACTIVITIES (SECTION 2.13)

1. CVH has in place the following procedures that must be followed in order to affect an immediate response to events that might adversely affect the operational safety at the airport.

· Contractor shall maintain a 24-hour-a-day 7-days-a- week contact list of names and phone numbers of Airport personnel to be contacted in case of an emergency. · The Airport phone number 831-636-4365

2. NOTAM (Notice to Airmen) Issuance:
· Coordination with the FAA for issuance and cancellation of any and all NOTAM’s required during construction shall be by Airport Operations and the Airport Project Manager.
· NOTAM requests must be submitted by the contractor to the Airport at least 72-hours prior to the start of the planned work activity. Any requests to shutdown Runway 06-24 shall be a minimum of two weeks prior to shut-down.

3. Emergency notification procedures for medical, firefighting, and police response:
· Call 911 and then follow-up with Airport or Emergency after Business hours number

4. ARFF Coordination. The Contractor shall not deactivate waterlines of fire hydrants. Contractor shall not block any access routes. For coordination with ARFF, Contractor to contact AOC to coordinate with CVH.

5. Contractor shall maintain a list of the responsible representatives/points of contact including the Contractor’s project manager, project superintendent, and foreman, each of whom may be contacted in case of an emergency and procedures for contacting them 24 hours a day, seven days a week.

6. In the event of an aircraft emergency that may affect construction activities, the Contractor's personnel and/or equipment may be required to immediately vacate the area. CVH will notify the Resident Engineer’s lead inspectors, who will coordinate with the Contractor. In case of imminent danger, CVH will coordinate directly with the Contractor. The Contractor shall take immediate action to remedy any unsafe condition.

7. The Contractor shall preserve and/or protect existing and new pavements and other facilities from damage due to construction operations. Existing pavements, facilities, utilities, or equipment which are damaged shall be replaced or reconstructed to original strength and appearance at the Contractor’s expense. The Contractor shall take immediate action to replace A.10.b
Packet Pg. 474

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

any damaged facilities and equipment and reconstruct any damaged area which is to remain in service.

Construction may be stopped by CVH or the Resident Engineer, any time they consider that the intent of the regulations regarding safety or security requirements is being violated or that a hazardous condition exists. This decision to suspend the operation will be final and will only be rescinded by CVH when satisfied that the Contractor has taken action to correct the condition and prevent recurrence.

Construction may also be stopped or suspended by CVH, in consultation with the Resident Engineer, during periods of inclement weather, such as low visibility, or when it is necessary to provide an extra margin of safety to aircraft operations, or reduce other activities to keep the Airport operational.

8. Marking of Equipment and Height Restrictions:

· If cranes or other equipment exceeding 25 feet in height are to be used, or if construction equipment will operate within the TSS, the Contractor will be required to submit for approval, the FAA's application form 7460-1 to the FAA.

· The Airport has no control over the FAA's review and approval time. The Contractor is encouraged to submit any required applications well in advance (at least 3 months) of the required time period for the use of the equipment or crane.

Contractor to Submit:

- Latitude and Longitude of the project location
- Existing ground elevation including vertical datum
- Height of crane, structure, stockpile, etc.

· FAA form 7460-1 will be filed for this project along with all steel and roof construction activity associated with construction.

A.10.b
Packet Pg. 475

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

9. INSPECTION REQUIREMENTS (SECTION 2.14)

1. CVH Operations and Contractor personnel will conduct continual inspections of the construction site to ensure that areas surrounding the sites are safe for aircraft operations.

2. CVH personnel will note any discrepancies on the daily inspection checklist.

3. Frequent inspections will be made by the Airport and the Resident Engineer, or his authorized representative, during the critical phases of the work to ensure that the Contractor is following the recommended safety procedures. The inspector shall report any violations or potential safety hazards to the Resident Engineer who will in turn advise the Contractor of the concern for immediate correction by the Contractor.

A.10.b
Packet Pg. 476

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

10. UNDERGROUND UTILITIES (SECTION 2.15)

10.1.1 Notifications
Prior to excavation in the vicinity of existing underground facilities, the Contractor shall notify the Resident Engineer, and the respective authorities representing the Owners and agencies responsible for such facilities, not less than 3 working days and not more than 5 working days, prior to excavation so that a representative of the Owner or agencies can be present if they so desire.

10.1.2 Procedures for Locating and Protection of Utilities Procedures for locating and protecting existing underground utilities/facilities in excavation areas:
· The Contractor will be required to mark all FAA utility lines prior to any work in a given area. Marking shall consist of a 36-inch high lathe, placed 10 feet on center.

Lathe shall be marked with the words “DANGER – FAA” or equivalent, and shall be affixed with red or orange surveyor tape to enhance visibility. Additionally, the Contractor shall expose and verify (by survey) the depth and alignment of all underground utilities in the construction site. The Contractor shall pothole and survey all utilities within a five-foot distance of any footing, work, utilities, etc. prior to excavation.
· The Contractor shall contact utility owners after the ID number is obtained from the underground service alert [USA] (phone: 1-800-227-2600) but not less than fourteen (14) days before excavation work is started, to mark or identify existing utilities.

CVH will not mark utility lines owned and maintained by the Airport or the City of Monterey.

· The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions by the Contractor to protect the health, safety, and welfare of workers and of the public. Facilities requiring special precautions include: compressed air lines; conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines greater than (6) six inches in diameter, or pipelines operating at pressures greater than 60 psi (gauge); underground electric supply system conductors or cables, with the potential to ground more than 300 V, either directly buried or in duct or conduit that do not have concentric grounded or other effectively grounded metal shields or sheaths.

· All utilities encountered along the line of the work shall remain in service during all operations under the contract, unless other arrangements satisfactory to the utility A.10.b
Packet Pg. 477

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

owner, the affected agency, and the Resident Engineer are made in advance.

Utilities shall include all above or below ground conduit, pipes, wet wells, ducts, cables, and appurtenances associated with oil, gas, water, steam, irrigation, sewer, storm drain, wastewater, air, electrical, power, instrumentation, communication, telephone, TV, and lighting systems, regardless of the utility owner. All valves, switches, vaults, and meters shall remain readily accessible for emergency shutoff.

· Any utility that is damaged by the Contractor shall be immediately reported to the Resident Engineer and the Airport (831-636-4365) and immediately repaired to a condition equal to, or better than, the condition they were in prior to such damage.

Repair work shall be continuous until the utility or improvement is placed back in service.

10.1.3 Underground Service Alert:
· All existing utilities within the construction areas or the staging area that are designated to remain in place shall be maintained, accessible, and protected at all limes (i.e., waterlines, fire hydrants, valves, drainage structures, electrical & FAA cables/equipment, etc.). Refer to the specifications, phasing plans, and demolition plans for additional requirements that are associated with this project.

· The existence, location and characteristics of underground utility information shown on these plans were obtained from available record data. No representation is made as to the accuracy or completeness of utility lines shown or any unknown utilities.

Contractor shall make reasonable inferences as to existing underground utilities from observation of visible conditions and take appropriate measures to protect all utilities including underground communication installation which are owned and operated by CVH, FAA, and other third parties.

· Contractor shall perform site investigation to verify location and depth of all utilities. Investigate by means of vacuum or air pressure pot-holing or other means as approved by the Resident Engineer. Contractor shall accurately record and stake the location of all utilities.

· The Contractor shall be responsible for and repair, at Contractor’s own expense, any damages resulting from his/her failure to locate utilities as specified.

A.10.b
Packet Pg. 478

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

· Exercise extreme care when using any equipment to prevent contact with any nearby power lines and power sources. Safe working clearances shall conform to the National Electrical Code.

- All structures shall be designed to support aircraft loads specified unless otherwise noted.

- The Contractor may make certain temporary connections to the existing airfield lighting system only if it is associated with keeping the required lighting systems operational and approved by the resident Resident Engineer. The Contractor shall provide a separate power source for other construction related power needs.

- Power and control cables for airfield lighting and navigational aids are located in the construction areas. The Contractor's personnel shall be familiar with these cable locations and keep vehicles and equipment clear of any cables at all times.

Mark/delineate the surface for each utility in a manner acceptable to the Resident Engineer. As indicated on the phasing plans and the specifications, the Contractor shall locate all utilities (operational and abandoned) prior to starting any excavation, demolition or earthwork. The Contractor shall coordinate with Airport Operations at CVH to facilitate locating FAA facilities and cables.

· Caution: high voltage lines are located within the project limits. All work shall be performed in conformance with all federal, state, and local utility and contract requirements. Sequencing of work and safety practices used in, on or around high voltage lines or other utility structures are the responsibility of the Contractor, except where electrical distribution and transmission lines have been de-energized and visibly grounded at the point of work. Assume that all such lines are energized and the Contractor shall conform his operations to (among other requirements) title 29 of the code of federal regulations Part 1926, "Safety and Health Regulations for Construction," Section 1926.550 (a) (19).

· The following includes a list of utility companies and representatives whose facilities will be impacted by this project:
- Federal Aviation Administration, (FAA)
- City of Hollister

A.10.b
Packet Pg. 479

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

11. PENALTIES (SECTION 2.16)

1. The Contractor shall follow the rules and regulations of the Airport and the Safety Plan Compliance Document. In the event an employee of the contractor violates a safety provision, they shall be prohibited from returning to work on the AOA without remedial safety training and the approval of the Engineer. Violations may be deemed as just and sufficient cause to require the employee be permanently removed from the jobsite. The Contractor shall be responsible for all costs and delays caused by safety violation. Any violations may fall under the jurisdiction of the City of Hollister.

A.10.b
Packet Pg. 480

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

12. SPECIAL CONDITIONS (SECTION 2.17)

1. Contractors performing construction on the Airport are required to develop and implement one of the following plans to control erosion, sediment and water pollution. The required plan will be identified in the Special Provisions:
a. A Stormwater Pollution Prevention Plan (SWPPP). (The Contractor is responsible for knowing the Construction General Permit (CGP) requirements for the specified Risk Level and how those requirements apply to the Work.
b. A Best Management Plan (BMP).
c. A Water Pollution Control Program.
d. A Severe Weather Plan

2. The Contractor must submit the required plans for review and acceptance prior to performing work. Unless specifically authorized in writing by the Airport, activities that could create water pollution (like potholing, clearing, grubbing, or similar ground-disturbing activities) must not be performed without a written plan to control water pollution.

3. The plan must indicate how the Contractor proposes to effectively control water pollution during the Work. The plan must show all water pollution control Best Management Practices the Contractor will implement in connection with the Work, including inactive areas and completed work, and must describe how the Contractor will monitor the effectiveness of the plan.

4. The Contractor must update the plan as frequently as required, or as directed by the Airport, to address the current stage of construction or whenever there is a change in construction activities or operations that affects the discharge of pollutants. The plan must be adjusted if the objective of reducing pollutants in discharges is not effectively achieved, or at the direction of the Airport. Updates and adjustments to the plan must show additional control measures or revised operations, including those in areas not shown in the initially approved program, which are required on the project to control water pollution effectively. Amendments to the plan must be submitted to the Airport and Resident Engineer for review and acceptance. Upon approval of the amendment, the Contractor must implement the additional control measures or revised operations.

The Airport is not responsible for the Contractor’s water pollution control plan, delays to the Work due to the Contractor’s failure to prepare and implement a plan, or impacts resulting from the submittal review process.

A.10.b
Packet Pg. 481

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

13. RUNWAY AND TAXIWAY VISUAL AIDS (SECTION 2.18)

1. No markings or signs shall be removed without expressed consent from Airport to proceed.

CVH Airport and the Contractor will be responsible for ensuring that all marking, lighting, and signage meet appropriate standards. Refer to AC 150/3340-1, AC 150/5340-30, AC 150/5340- 50, AC 150/5340-53, AC/150 5340-44, and AC 150/5340-18.

2. Reference Construction Phasing Plans and Details in Appendix A.

3. All existing pavement markings requiring removal shall be obliterated in a matter that will not leave marking shadows at the direction of CVH and the Resident Engineer. All permanent pavement markings shall be restored at project completion, unless otherwise specified in the plans.

4. Runway, Taxiway, and Taxilane closures: all lights and equipment designated to remain within the work areas, safety areas and on the AOA shall be protected at all times. The Contractor shall protect these lights and equipment from damage while working on the project site. The Contractor shall place barricades around any elevated lights and equipment that may be in the work area to delineate and protect them. Damaged due to the Contractor’s operations shall be repaired immediately at the Contractors’ expense.

5. For temporary closures of runways, taxiways, or taxilanes, Contractor shall turn off/mask centerline lights, edge lights and signage around the work areas during the work shift.

Contractor shall protect these lights from damage at all times while working at the work sites.

All centerline and edge lights designated to remain shall be operational at the end of the closure. Submit proposed method for Resident Engineer’s approval.

6. When existing edge lighting is rendered inoperable on an active runway or taxiway, the Contractor must install temporary edge lights as directed by Resident Engineer/Airport.

7. All permanent signs affected by construction shall be replaced by temporary signs acceptable to CVH and the Resident Engineer. The Contractor shall submit a sign relocation plan to CVH and the Resident Engineer for approval prior to relocation of any existing signs.

A.10.b
Packet Pg. 482

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

14. MARKING AND SIGNS FOR ACCESS ROUTES (SECTION 2.19)
All haul route marking and signage shall conform to FAA AC 150/5340-18 and to the extent practicable, with the MUTCD and/or State highway specifications. Haul Routes addressed in Contractor Access (Section 2.09). Signs in areas adjacent to the RSA and within the ROFA are required to have frangible connections in conformance with FAA AC 150/5220-23.FDS A.10.b
Packet Pg. 483

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

15. HAZARD MARKING AND LIGHTING (SECTION 2.20)

1. Every excavation or hazard on or adjacent to the airfield or other areas shall be marked.

2. No lantern flare pots or open-flame devices shall be used.

3. The Contractor shall completely fence or barricade all excavations, to the satisfaction of CVH Operations and the Resident Engineer, to provide protection against anyone falling into the excavation. The fencing and or barricades shall be in place at all times except when workers are present and actual construction operations are in progress.

4. Continuous burning standing red barricade lights and/or other red lighted hazard devices stipulated on the phasing plans shall be operative at all times while in place. It shall be the Contractor's responsibility to immediately repair or replace any light or flasher that is not operating.

5. Barricades shall be in place prior to commencing construction operations and shall be maintained for the life of the contract.

6. Every excavation or hazard on or adjacent to runways, taxiways, ramps, or other areas on the airfield shall be marked in accordance with the following conditions: lights shall be solar- powered, and the Contractor shall obtain the approval of Airport and the Resident Engineer on the condition of the work site, including lighting requirements, before leaving the work site in the evening.

7. Beacons and flags required on all Contractor vehicles/equipment must be maintained in good working condition, and flags shall be replaced if they become faded, discolored, or ragged.

8. Limits of the various phases of work shall be clearly delineated with barricades, warning signs with attached steady or flashing red lights, and other markings as shown on the plans and specified herein, in order to deter aircraft and vehicles from entering the construction areas.

9. Contractor shall continually inspect and maintain all construction barriers, fencing, and gates in good working condition.

10. The Contractor and all subcontractors shall be required to attend a daily airfield safety coordination meeting as determined by CVH or the Resident Engineer and have a representative on call 24 hours a day for emergency maintenance of Airport hazard lighting and barricades.

A.10.b
Packet Pg. 484

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

16. WORK ZONE LIGHTING FOR NIGHTTIME CONSTRUCTION (SECTION

2.21)

1. Lighting equipment must adequately illuminate the work area if the construction is to be performed during nighttime hours. Refer to AC 150/5370-10 for minimum illumination levels for nighttime paving projects.

2. All support equipment, except haul trucks, be equipped with artificial illumination to safely illuminate the area immediately surrounding their work areas. The lights should be positioned to provide the most natural color illumination and contrast with a minimum of shadows. The spacing must be determined by trial.

3. Light towers should be removed from the construction site when the area is reopened to aircraft operations.

4. Construction lighting units shall be identified by Contractor in relationship to the active runways and taxiways and submitted for approval.

5. Portable lighting provided for any night work shall not interfere with air navigation. Lights shall be transported to the work areas pointed down and turned off when not in use.

A.10.b
Packet Pg. 485

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

17. PROTECTION OF RUNWAY AND TAXIWAY AREAS, ZONE, AND
SURFACES (SECTION 2.22)

1. No construction may occur within the existing RSA while the runway is open; this includes any open trenches or excavations as discussed in Section 2.

2. All material, personnel, and equipment must also remain clear of the ROFZ, Approach Surface, Departure Surface, and Clearways. Construction activity that penetrates these surfaces or areas will require a runway closure. 72-hour minimum advance notice is required.

Any requests to shutdown Runway 06-24 shall be placed a minimum of 2 weeks in advance to coordinate with FAA. No work may continue without approval by CVH and the Resident Engineer to close the affected pavements.

3. No construction may occur within the existing TSA while the taxiway is open unless prior authorization has been granted by CVH Operations. Open trenches are never allowed in curved portions of the taxiway/TSA; however, open trenches are allowed in straight sections of the taxiway/TSA while the taxiway is open if all the following conditions are met:
a. Taxiing speed is limited to 10 mph
b. Appropriate NOTAMs are issued
c. Marking and Lighting comply with 150/5370-2
d. Low-profile lighted barricades are installed
e. Appropriate temporary orange construction signs are installed f. A detailed phasing plan is submitted and approved by CVH and the Resident Engineer
Even if all of the above conditions are met, Airport Operational impacts may override any proposed open trench work within an active TSA.

4. Due to aircraft wings regularly penetrating the TOFA, construction in an active taxiway object free area is allowed under the following limitations:
a. The taxiway is restricted to aircraft that are less than the existing TOFA and the construction remains outside the temporarily adjusted TOFA b. The taxiway center and edge stripes can be temporarily offset to provide adequate TOFA outside of the construction.

5. Construction Activity is permissible in a TOFA or ROFA without modifying it if all of the conditions are met:
a. Taxiing speed is limited to 10 mph
b. Appropriate NOTAMs are issued
c. Marking and Lighting comply with 150/5370-2
d. Five (5) foot clearance is maintained between equipment (or materials) and any part of an aircraft.
e. Flaggers are used by the contractor to direct and control construction equipment and personnel to pre-determined setbacks to allow aircraft personnel to taxi by.

A.10.b
Packet Pg. 486

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

f. Appropriate temporary orange construction signs are installed g. A detailed phasing plan is submitted and approved by CVH and the Resident Engineer
Even if all of the above conditions are met, Airport Operational impacts may override any proposed open trench work within an active TOFA or ROFA.

6. Pull-Back Operations. Contractor may perform some aspects of Construction on pull-back basis within the TSA, TOFA, or ROFA if all of the conditions are met:
a. Airport approves the activity.
b. Contractor can demonstrate the ability to pull-back of TSA/TOFA/ROFA within 5 minutes of notice
c. Contractor has consistently shown the ability to comply with the provisions set forth in the CSPP

A.10.b
Packet Pg. 487

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

18. OTHER LIMITATIONS ON CONSTRUCTION (SECTION 2.23)

1. Jet blast considerations – Jet blast considerations were included as part of the planning process.

The review included aircraft distance from concentration and aircraft movement around the construction area.

2. Contractor shall maintain a safe operating area, free of FOD, at all times. Vacuum sweepers, as outlined in these specifications and on the plans, shall be continuously utilized to maintain the work site and haul routes. Unbadged vehicle operators shall be escorted at all times while within the AOA between access gate and work site. Contractor provided gate guards shall register all Contractor personnel accessing the AOA. Only Contractor and Airport personnel shall be allowed through Contractor gates.

3. The existing conditions of the project may be altered due to construction currently being performed at the Airport. It is the Contractor's responsibility to work with the ultimate existing condition of the project at the time of construction. Other contracts adjacent to the project may be ongoing at the time of construction. The Contractor shall coordinate his/her efforts with adjacent contracts to the satisfaction of the Resident Engineer, and at no additional cost to the Owner.

4. The Contractor shall be solely responsible for the safely and security of the site at all times, including non-working hours.

5. All site preparation as indicated shall be completed under the continuous inspection of the Resident Engineer. Secure the required permit from the California Division of Industrial Safety for the construction of trenches or excavations which are 5 feet or deeper or work that may jeopardize the workers.

6. The Contractor shall at all times maintain positive drainage away from existing buildings. The Contractor shall be responsible for installation, maintenance and removal of temporary haul routes to support his/her operations within the work area. The Contractor shall maintain work area free of FOD at all times and dust control measures shall be implemented to the satisfaction of the Resident Engineer.

7. No lantern, flare pots, or open-flame devices shall be used.

8. Blasting is not allowed.

A.10.b
Packet Pg. 488

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

APPENDICES

A.10.b
Packet Pg. 489

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

A-1
Appendix A Construction Phasing Plans
A.10.b
Packet Pg. 490

T
T
T
T
T
T
T
OF
©
®
Know what's below.

Call before you dig.

HOLLISTER MUNICIPAL AIRPORT
A.I.P. No. 03-06-0105-26
RWY 6 SAFETY IMPROVEMENT PROJECT
49 OVERALL PHASING PLAN 15

PHASING NOTES
LEGEND
SEQUENCE OF CONSTRUCTION GENERAL NOTES:

GENERAL NOTES
NOR
T
H
MA
T
C
H
L
I
N
E

-

S
E
E

B
E
L
O
W

R
I
G
H
T
MA
T
C
H
L
I
N
E

-

S
E
E

A
B
O
V
E

R
I
G
H
T
A.10.b
Packet Pg. 491

OF
©
®
Know what's below.

Call before you dig.

HOLLISTER MUNICIPAL AIRPORT
A.I.P. No. 03-06-0105-26
RWY 6 SAFETY IMPROVEMENT PROJECT
49 PHASING GENERAL NOTES 16

CONSTRUCTION PHASING GENERAL NOTES
—
A.10.b
Packet Pg. 492

OF
©
®
Know what's below.

Call before you dig.

HOLLISTER MUNICIPAL AIRPORT
A.I.P. No. 03-06-0105-26
RWY 6 SAFETY IMPROVEMENT PROJECT
49 PHASING DETAILS 17
NOTES:

NOTES:
1 17

LIGHTED 'X' RUNWAY CLOSURE SIGNAL

TYPE I LOW PROFILE BARRICADE

TYPICAL BARRIER PLACEMENT
2 17
TEST STRIP TYPICAL SECTION3
17 A.10.b
Packet Pg. 493

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

B-1
Appendix B CSPP Checklist
A.10.b
Packet Pg. 494

Effective Date: October 1, 2013 ARP SOP No. 1.00

F-1
APPENDIX F. CHECKLIST FOR FAA CSPP REVIEW
This checklist provides the Project Manager (PM) and the Airport Certification Safety Inspector (ACSI) a useful tool when reviewing a Sponsor’s CSPP for conformance to the standards present within AC 150/5370-2. A completed CSPP checklist is not a required grant document.

For projects funded under the AIP and PFC programs, the FAA Project Manager’s issuance of an approval or non-approval letter represents the official documentation that the FAA has conducted a review of CSPP that confirms conformance to the requirements of AC 150/5370-2. The completion of this checklist is not a required AIP or PFC record.

A.10.b
Packet Pg. 495

ARP SOP No. 1.00 Effective Date: October 1, 2013
F-2
F.1. Checklist for FAA CSPP Review
Airport Name: LOCID:

Associate City:

Project No.

F.1.1. AC 150/5370-2F
This checklist identifies the main elements and sub-elements established under Section 2, Chapter 2 of Advisory Circular 150/5370-2F. Project Managers (PM) are encouraged to use this checklist as an aid when reviewing a Sponsor’s CSPP for conformance to the safety standards. Because the PM’s approval/disapproval letter represents the official FAA action, a completed checklist is not a required record the PM must sign or archive in the grant file.

CSPP Element
Element
Addressed? Remarks
Yes No N/A
Coordination (Section 205)
- Contractor Progress Meetings   
- Addresses necessary actions when changes are
proposed to CSPP   
- Provisions for FAA ATO Coordination   
Phasing (Section 206)
- Phase Elements   
- Construction Safety Drawings   
Area and Operations Affected by Construction Activity (Section 207) - Identification of affected Areas   
- Mitigation Affects   
Navigation Aid Protection (Section 208)
- Operational NAVAID Critical areas   
Contractor Access (Section 209)
- Location of Stockpiles Construction Material   
- Vehicle and Pedestrian Operations   
Wildlife Management (Section 210)
- Trash   
- Standing Water   
- Tall Grass   
- Fencing and Gates   
- Disruption of Wildlife Habitat   
Foreign Object Debris (Section 211)
- FOD Control Measures   
Hazardous Material Management (Section 212)
- Hazardous Material Controls   
A.10.b
Packet Pg. 496

Effective Date: October 1, 2013 ARP SOP No. 1.00

F-3
CSPP Element
Element
Addressed? Remarks
Yes No N/A
Notification of Construction Activities (Section 213)
- List of Responsible Representatives   
- NOTAMs   
- Emergency Notification Procedures   
- Coordination with ARFF   
- Notification to the FAA (Part 77, NAVAIDs….)   
Inspection Requirements (Section 214)
- Daily Inspections   
- Final Inspections   
Underground Utilities (Section 215)
- Procedures for protecting existing underground
utilities   
Penalties (Section 216)
- Penalty provisions for noncompliance with safety
plan provisions   

Special Conditions (Section 217)
- Unique conditions that may affect the operation of
the airport   

Runway and Taxiway Visual Aids (Section 218)
- General – Convey Clear Meaning; Secured from
movement; Frangible   
- Markings   
- Lighting and Visual NAVAIDs   
- Signage   
Access Routes - Marking and Signage (Section 219)
- Haul Road Demarcation   
Hazard Marking, Lighting and Signage (Section 220)
- Areas Impacted by Construction Operations   
- Equipment   
Protection Runway and Taxiway Areas, Zones and Surfaces (Section 221) - Runway Safety Area (RSA)   
- Runway Object Free Area (ROFA)   
- Taxiway Safety Area (TSA)   
- Taxiway Object Free Area (TOFA)   
- Obstacle Free Zone (OFZ)   
- Approach and Departure Surfaces   
Other Limitations on Construction (Section 222)
- Prohibitions   
- Restrictions   

A.10.b
Packet Pg. 497

ARP SOP No. 1.00 Effective Date: October 1, 2013
F-4
F.1.2. 14 CFR Part 139
This listing highlights sections of 14 CFR Part 139 that specifically address requirements of a certificate holder whenever construction operations occur on their airfield. This listing was established by searching 14 CFR Part 139 for the following key terms; “construct”, “contract” and “protect”. The provision of this listing does not preclude or diminish the ACSI’s enforcement of other Part 139 requirements.

While the PM shall be cognizant of these Part 139 requirements when reviewing the CSPP for conformance to the standards presented under AC 150/5370-2, such review does not supersede the ACSI’s oversight of the certificate holder’s compliance with Part 139. 14 CFR Part 139 Section
Element
Addressed? Remarks
Yes No N/A
§139.327 Self-inspection program
- Daily Inspection   
- Final Inspection   
§ 139.329 Pedestrians and ground vehicles – Training
- Safe and orderly access to work area   
- Communication with ATCT   
- Training – Vehicle and Pedestrian   
§139.333 Protection of NAVAIDs
- Protection of NAVIADS against Damage   
- Prevent interruption of visual or electronic signal from NAVAID   
§ 139.335 Public protection
- Safeguards to prevent inadvertent entry to the
movement area by unauthorized persons or vehicles    - Protection of persons and property from aircraft blast    § 139.339 Airport condition reporting (NOTAMs)
- Notify airport users of construction or maintenance
activity on movement areas, safety areas, or loading
ramps and parking areas
  

§ 139.341 Identifying, marking, and lighting construction and other unserviceable areas - Mark (and light) construction areas and unserviceable areas   
- Mark (and light) equipment and haul route   
- Mark (and light) NAVAID critical areas.   
- Locate and protect existing utilities   

A.10.b
Packet Pg. 498

Construction Safety and Phasing Plan
Hollister Municipal Airport
Runway 6 Safety Improvements

C-1
Appendix C Advisory Circular 150/5370-2G
‘Operational Safety on
Airports During Construction’

A.10.b
Packet Pg. 499

HOLLISTER MUNICIPAL AIRPORT 12/15/2022

1. 2.
1 C-105 MOBILIZATION\DEMOBILIZATION (5% MAX OF RWY 6)LS 1 125,800.00$ 125,800$ 2 P-101-5.3 REMOVAL OF FOREIGN SUBSTANCES/CONTAMINATES SF 3,419 5.00$ 17,095$ 3 P-101-5.6 COLD MILLING SY 26,090 11.00$ 286,990$ 4 P-101-5.7 REMOVAL OF PIPE AND OTHER BURIED STRUCTURES LF 39 75.00$ 2,925$ 5 C-100 CONTRACTOR'S QUALITY CONTROL PROGRAM (2% MAX OF RWY 6)LS 1 50,400.00$ 50,400$ 6 GCP-50-07.1a SURVEY CONTROL VERIFICATION LS 1 5,000.00$ 5,000$ 7 GCP-50-07.1b CONSTRUCTION SURVEY AND STAKING LS 1 4,000.00$ 4,000$ 8 GCP-50-07.1c RUNWAY SURVEY MONUMENT ESTABLISHMENT EA 2 2,750.00$ 5,500$ 9 01480-4.1 AIRFIELD CONSTRUCTION AREA CONTROL LS 1 65,000.00$ 65,000$ 10 01480-4.2 SWEEPERS AND FOD CONTROL CDAY 30 1,200.00$ 36,000$ 11 P-152-4.1 UNCLASSIFIED EXCAVATION CY 7,463 35.00$ 261,217$ 12 P-152-4.2 UNSUITABLE EXCAVATION CY 821 40.00$ 32,839$ 13 P-154-5.1 SUBBASE COURSE CY 728 9.00$ 6,552$ 14 P-155-8.1 LIME TREATED SUBGRADE SY 3,890 20.00$ 77,800$ 15 C-102-5.1a IMPLEMENT THE STORM WATER POLLUTION PREVENTION PLAN AND MEASURES LS 1 35,000.00$ 35,000$ 16 P-154-5.2 SEPARATION GEOTEXTILE SY 4,840 6.00$ 29,040$ 17 P-209-5.1 CRUSHED AGGREGATE BASE COURSE CY 660 80.00$ 52,800$ 18 P-401-8.1 ASPHALT SURFACE COURSE TON 704 250.00$ 176,000$ 19 P-602-5.1 EMULSIFIED ASPHALT PRIME COAT GAL 1,620 3.00$ 4,860$ 20 P-603-5.1 EMULSIFIED ASPHALT TACK COAT GAL 560 6.00$ 3,360$ 21 P-620-5.2b RUNWAY AND TAXIWAY MARKING SF 5,280 2.50$ 13,200$ 22 T-905-5.1 TOPSOIL (OBTAINED ON SITE OR REMOVED FROM STOCKPILE)SY 24,640 1.25$ 30,800$ 23 T-901-5.1 EROSION CONTROL HYDRO-SEEDING SY 40,140 1.00$ 40,140$ 24 D-701-5.1 15" HDPE STORM DRAIN PIPE LF 1,150 140.00$ 161,000$ 25 D-701-5.2 12" RCP (CLASS V)LF 551 250.00$ 137,750$ 26 D-751-5.2 CATCH BASIN EA 1 20,000.00$ 20,000$ 27 D-751-5.3 CONCRETE INLET APRON EA 1 6,500.00$ 6,500$ 28 D-751-5.1a AIRCRAFT RATED MANHOLE EA 2 30,000.00$ 60,000$ 29 D-751-5.1b STORM DRAIN MANHOLE EA 4 25,000.00$ 100,000$ 30 D-705-5.1 BIORETENTION SF 5,492 31.00$ 170,252$ 31 D-752-5.1 CONCRETE FLARED END EA 1 5,000.00$ 5,000$ 32 P-640-4.1 RECYCLED WATER RELOCATION LS 1 10,000.00$ 10,000$ 33 L-100-5.1 ELECTRICAL DEMOLITION LS 1 35,000.00$ 35,000$ 34 L-100-5.2 AWOS FEEDER CONDUIT RELOCATION LS 1 10,000.00$ 10,000$ 35 L-108-5.1 NO. 8 AWG, 5KV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK, OR CONDUIT LF 14,218 4.00$ 56,872$ 36 L-108-5.2 NO. 6 AWG, SOLID, BARE COPPER COUNTERPOISE WIRE, INCLUDING CONNECTIONS LF 2,735 3.50$ 9,573$ 37 L-109-5.1 7.5KW, 3 STEP CONSTANT CURRENT REGULATOR EA 1 20,000.00$ 20,000$ 38 L-110-5.1 NON-ENCASED SCH. 40 PVC CONDUIT, 1-WAY 2"LF 1,645 35.00$ 57,575$ 39 L-110-5.2 CONCRETE-ENCASED SCH. 40 PVC CONDUIT, 1-WAY 2"LF 450 55.00$ 24,750$ 40 L-110-5.3 DIRECTIONAL BORE SCH. 80 HDPE CONDUIT, 1-WAY 2"LF 640 125.00$ 80,000$ 41 L-115-5.1 H-20 RATED CONCRETE HANDHOLE EA 2 8,500.00$ 17,000$ 42 L-125-5.1
NEW L-861E(L) ELEVATED RUNWAY END LIGHT INSTALLED ON L-867 BASE CAN INCLUDING NEW ISOLTATION TRANSFORMER, STEM, PLATE AND SPLICE KIT EA 8 4,000.00$ 32,000$ 43 L-125-5.2
NEW L-861E(L) LED ELEVATED RUNWAY END LIGHT INSTALLED ON EXISTING L-867 BASE CAN INCLUDING NEW ISOLATION TRANSFORMER, STEM, PLATE AND SPLICE KIT EA 8 2,000.00$ 16,000$ 44 L-125-5.3
NEW L-861(L) ELEVATED RUNWAY EDGE LIGHT INSTALLED ON EXISTING L-867 BASE CAN INCLUDING NEW ISOLATION TRANSFORMER, STEM, PLATE AND SPLICE KIT EA 28 2,000.00$ 56,000$ 45 L-125-5.4
NEW L-861T(L) ELEVATED TAXIWAY EDGE LIGHT INSTALLED ON L-867 BASE CAN INCLUDING NEW ISOLATION TRANSFORMER, STEM, PLATE AND SPLICE KIT EA 36 2,700.00$ 97,200$ 46 L-125-5.5 NEW SIZE 2, 1 MODULE AIRFIELD GUIDANCE SIGN WITH CONCRETE BASE EA 2 9,000.00$ 18,000$ 47 L-125-5.6
NEW SIZE 2, 2 MODULE AIRFIELD GUIDANCE SIGN WITH CONCRETE BASE EA 1 10,000.00$ 10,000$ 48 L-125-5.7 NEW SIZE 2, 3 MODULE AIRFIELD GUIDANCE SIGN WITH CONCRETE BASE EA 1 11,000.00$ 11,000$ 49 L-125-5.8
NEW L-849I STYLE E LED REIL (PAIRED UNITS PER EACH RUNWAY END) INSTALLED ON NEW CONCRETE BASE EA 3 36,000.00$ 108,000$ Basis for Cost Projection: $ 2,691,789
$ -
$ 2,692,000 PROJECT TOTAL

SUBTOTAL
CONTIGENCY 0%
No. SPEC No.DESCRIPTION UNIT PRICE ESTIMATED COSTS -

TOTALUNIT QUANTITY
General Notes
1 cy of P-401 bituminous concrete pavement = 2.07 tons (115 lb. / inch / sq yd.) P-603, Bituminous Tack Coat application rate = 0.15 gal / sy.

IFB DESIGN - OPINION OF PROBABLE CONSTRUCTION COSTS
RWY 6 SAFETY IMPROVEMENTS PROJECT
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer cannot Final Design
Preliminary
A.10.c
Packet Pg. 500

SPECIFICATIONS & CONTRACT DOCUMENTS

HOLLISTER MUNICIPAL AIRPORT
RUNWAY 6 SAFETY IMPROVEMENT PROJECT
FAA AIP NO. 3-06-0105-26

CITY OF HOLLISTER

COUNTY OF SAN BENITO

November 18, 2022

A.10.d
Packet Pg. 501

A.10.d
Packet Pg. 502

CERTIFICATION

In accordance with the provisions of Section 6735 of the Business of Professions Code of the State of California, these specifications have been prepared by or under the direction of the following Professional Engineers licensed in the State of California.

Name: M. Pearse Melvin No. C-63346

Civil

Kimley-Horn and Associates, Inc.

Name: Joseph Bradshaw No. E-21202

Electrical

Sealed for specifications related to electrical and NAVIDs (Items L100, L-105, L-108, L-115, L-125).

Kimley-Horn and Associates, Inc.

BRADSHAW
JOSEPH D.

6/30/24
A.10.d
Packet Pg. 503

A.10.d
Packet Pg. 504

SECTION PAGE
TOC-i

CONSTRUCTION CONTRACT....................................................................................................................................... 1 R E C I T A L S .......................................................................................................................................................... 1 SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS. ........................................................................................ 2 SECTION 2 THE PROJECT. ................................................................................................................................................. 2 SECTION 3 THE CONTRACT DOCUMENTS. ....................................................................................................................... 2 SECTION 4 THE WORK. .................................................................................................................................................... 3 SECTION 5 PROJECT TEAM. ............................................................................................................................................. 3 SECTION 6 TIME OF COMPLETION. .................................................................................................................................. 3 SECTION 7 COMPENSATION TO CONTRACTOR. .............................................................................................................. 5 SECTION 8 STANDARD OF CARE. ..................................................................................................................................... 6 SECTION 9 INDEMNIFICATION. ........................................................................................................................................ 6 SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS. ............................................................................ 7 SECTION 11 INSURANCE AND BONDS. ............................................................................................................................. 7 SECTION 12 PROHIBITION AGAINST TRANSFERS. ............................................................................................................ 7 SECTION 13 NOTICES. ...................................................................................................................................................... 7 SECTION 14 DISPUTE RESOLUTION. ................................................................................................................................. 8 SECTION 15 DEFAULT. .................................................................................................................................................... 12 SECTION 16 CITY'S RIGHTS AND REMEDIES. .................................................................................................................. 12 SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES. ................................................................................................... 16 SECTION 18 ACCOUNTING RECORDS. ............................................................................................................................ 17 SECTION 19 INDEPENDENT PARTIES. ............................................................................................................................. 17 SECTION 20 NUISANCE. ................................................................................................................................................. 18 SECTION 21 PERMITS AND LICENSES. ............................................................................................................................ 18 SECTION 22 WAIVER. ..................................................................................................................................................... 18 SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT. .................................................................................. 18 SECTION 24 GOVERNING LAW. ...................................................................................................................................... 18 SECTION 25 COMPLETE AGREEMENT. ........................................................................................................................... 18 SECTION 26 SURVIVAL OF CONTRACT. .......................................................................................................................... 18 SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS. ................................................................................................. 18 SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854 ............................................................. 19 SECTION 29 GOVERNMENTAL POWERS......................................................................................................................... 19 SECTION 30 SEVERABILITY. ............................................................................................................................................ 19 SECTION 31 EXHIBITS. .................................................................................................................................................... 20 EXHIBIT 1 NOTICE INVITING SEALED BIDS...................................................................................................... 22 NOTICE INVITING SEALED BIDS ................................................................................................................................ 23 EXHIBIT 2 CONTRACTOR’S BID ...................................................................................................................... 27 PROPOSAL TO CITY OF HOLLISTER............................................................................................................................ 28 Schedule of Proposal ............................................................................................................................................ 28 Bid Bond ............................................................................................................................................................... 33 Bidder’s Statement of Financial Responsibility, Technical Ability and Experience ............................................... 34 Insurance Certification ......................................................................................................................................... 35 Public Contract Code Section 10285.1 Statement ............................................................................................... 36 Contractor’s Certification of Nonsegregated Facilities ........................................................................................ 37 Noncollusion Affidavit .......................................................................................................................................... 39 Debarment and Suspension Certification ............................................................................................................ 42 Nonlobbying Certification for Federal-Aid Contracts ........................................................................................... 43 Buy American Certification .................................................................................................................................. 44 Race-Neutral Disadvantaged Business Enterprise Utilization .............................................................................. 46 Trade Restriction Clause - 49 CFR Part 30 ............................................................................................................ 47 Letter of Intent ..................................................................................................................................................... 49 Designation of Subcontractor .............................................................................................................................. 50 A.10.d
Packet Pg. 505

SECTION PAGE
TOC-ii
EXHIBIT 3 INSTRUCTIONS TO BIDDERS .......................................................................................................... 51 INSTRUCTIONS TO BIDDERS ..................................................................................................................................... 52 A) GENERAL INFORMATION ............................................................................................................................. 52 B) PROPOSAL FORMS ....................................................................................................................................... 52 C) BIDDER'S GUARANTY AND RETURN OF GUARANTY .................................................................................... 52 D) CONTRACT BONDS ................................................................................................................................... 52 E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES .......................... 53 F) AWARD OF CONTRACT................................................................................................................................. 53 G) EXECUTION OF CONTRACT ....................................................................................................................... 53 H) STANDARD SPECIFICATIONS .................................................................................................................... 53 I) SUPPLEMENTAL PLANS AND SPECIFICATIONS ............................................................................................. 54 J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK ............................ 54 K) WORKERS' COMPENSATION INSURANCE .................................................................................................... 54 L) LIABILITY INSURANCE ................................................................................................................................... 54 M) PREVAILING WAGES APPLICABLE ............................................................................................................. 54 N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION ..................................................................... 54 O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID .................... 55 P) HOURS OF CONSTRUCTION ......................................................................................................................... 55 EXHIBIT 4 STATEMENT OF WORK .................................................................................................................. 56 STATEMENT OF WORK ............................................................................................................................................. 57 A) LOCATION .................................................................................................................................................... 57 B) DESCRIPTION OF WORK ............................................................................................................................... 57 C) CONTRACT DOCUMENTS ............................................................................................................................. 57 D) FIELD MEASUREMENT ............................................................................................................................. 57 E) TIME FOR COMPLETION ............................................................................................................................... 57 F) REGISTRATION OF CONTRACTORS ............................................................................................................... 57 G) DELETION OF CONSTRUCTION ITEMS ...................................................................................................... 57 EXHIBIT 5 ITEMS OF CONSTRUCTION ............................................................................................................ 58 ITEMS OF CONSTRUCTION ....................................................................................................................................... 59 EXHIBIT 6 CONTRACT DOCUMENTS/FORMS TO BE SUBMITTED TO THE CITY WITHIN 5 WORKING DAYS AFTER BID OPENING DATE .............................................................................................................................................. 60 CONTRACT DOCUMENTS/FORMS TO BE SUBMITTED TO THE CITY .......................................................................... 61 Bidder’s Statement of Subcontractors – Part II .................................................................................................... 61 Equal Employment Opportunity Certification ...................................................................................................... 65 Affirmative Action Form....................................................................................................................................... 66 Declaration .......................................................................................................................................................... 68 Bidder’s List for The City of Hollister .................................................................................................................... 69 EXHIBIT 7 AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS .................................................................. 70 AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS ............................................................................................ 71 General Labor Requirements for All Contracts and Subcontracts ........................................................................ 71 Miscellaneous Clause Requirements For All Construction Contracts and Subcontracts ...................................... 73 Title VI List of Pertinent Nondiscrimination Authorities ....................................................................................... 75 Breach of Contract Terms .................................................................................................................................... 76 Termination of Contract ...................................................................................................................................... 76 Clean Air and Water Pollution Control ................................................................................................................. 76 Rights to Inventions ............................................................................................................................................. 77 Access to Records and Reports ............................................................................................................................ 77 Clauses for Construction Contracts and Subcontracts ......................................................................................... 78 A.10.d
Packet Pg. 506

SECTION PAGE
TOC-iii
Contract Workhours and Safety Standards Act Requirements .......................................................................................... 78 Occupational Safety and Health Act Of 1970 ...................................................................................................... 79 Davis-Bacon Requirements .................................................................................................................................. 79 Copeland “Anti-Kickback” Act .............................................................................................................................. 85 Equal Opportunity Clause .................................................................................................................................... 85 Standard Federal Equal Employment Opportunity Construction Contract Specifications ................................... 86 Disadvantaged Business Enterprise ..................................................................................................................... 91 Energy Conservation Requirements ..................................................................................................................... 92 Prohibition of Segregated Facilities ..................................................................................................................... 92 Procurement of Recovered Materials .................................................................................................................. 92 Termination for Convenience ............................................................................................................................... 93 Contract Workhours and Safety Standards Act Requirements ............................................................................ 94 Banning Texting When Driving ............................................................................................................................ 95 Seismic Safety ...................................................................................................................................................... 95 Davis-Bacon Prevailing Wage And Salary Range ................................................................................................. 95 EXHIBIT 8 GENERAL CONDITIONS .................................................................................................................. 98 GENERAL CONDITIONS............................................................................................................................................. 98 SECTION 1 DEFINITIONS AND TERMS .................................................................................................................. 98 SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS ............................................................... 106 SECTION 3 AWARD AND EXECUTION OF CONTRACT ......................................................................................... 111 SECTION 4 SCOPE OF WORK .............................................................................................................................. 113 SECTION 5 CONTROL OF WORK ......................................................................................................................... 121 SECTION 6 CONTROL OF MATERIALS ................................................................................................................. 127 SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES ....................................................................................... 131 SECTION 8 PROSECUTION AND PROGRESS ........................................................................................................ 148 SECTION 9 MEASUREMENT AND PAYMENT ...................................................................................................... 156 EXHIBIT 9 SPECIAL PROVISIONS .................................................................................................................. 169 DIVISION I - SPECIAL PROVISIONS .......................................................................................................................... 170 01010 PROJECT DESCRIPTION ....................................................................................................................... 170 01011 SUMMARY OF WORK ......................................................................................................................... 170 01012 EQUIPMENT TO BE PROVIDED TO OWNER ........................................................................................ 170 01013 WORK BY OTHERS .............................................................................................................................. 170 01014 DEFINITIONS ...................................................................................................................................... 170 01015 WORK INVOLVING EXISTING SYSTEM ................................................................................................ 170 01016 COORDINATION OF WORK ................................................................................................................. 171 01017 WORK SEQUENCE AND CONSTRAINTS ............................................................................................... 171 01020 CONSTRUCTION STAKES, LINES AND GRADES .................................................................................... 171 01021 SITE WORK ......................................................................................................................................... 171 01022 PARTIAL ACCEPTANCE OF WORK ....................................................................................................... 172 01023 PARTIAL AND FINAL PAYMENT .......................................................................................................... 172 01210 PRECONSTRUCTION CONFERENCE ..................................................................................................... 172 01220 PROGRESS MEETINGS ........................................................................................................................ 172 01221 SCHEDULE REVIEW ............................................................................................................................. 173 01222 REVISIONS TO CONSTRUCTION SCHEDULE ........................................................................................ 173 01300 SUBMITTALS - SHOP DRAWINGS........................................................................................................ 173 01310 MATERIALS AND EQUIPMENT LIST .................................................................................................... 174 01320 QUALITY CONTROL ............................................................................................................................. 175 01321 SAMPLING .......................................................................................................................................... 175 01322 INSPECTION ........................................................................................................................................ 175 01400 TEMPORARY FACILITIES ..................................................................................................................... 176 01401 ELECTRICAL SERVICE .......................................................................................................................... 176 A.10.d
Packet Pg. 507

SECTION PAGE
TOC-iv
01402 TEMPORARY LIGHTING ...................................................................................................................... 176 01403 HEATING AND VENTILATION .............................................................................................................. 176 01404 WATER ............................................................................................................................................... 176 01405 SANITARY CONVENIENCES ................................................................................................................. 176 01414 WARNING DEVICES AND BARRICADES ............................................................................................... 176 01415 HAZARDS IN PROTECTED AREAS ........................................................................................................ 176 01416 PROTECTION OF EXISTING ITEMS ...................................................................................................... 177 01417 PROJECT SECURITY ............................................................................................................................. 177 01418 FIRE EXTINGUISHERS .......................................................................................................................... 177 01419 DUST CONTROL .................................................................................................................................. 177 01420 SPECIAL CONTROLS ............................................................................................................................ 177 01422 ODOR CONTROL ................................................................................................................................. 177 01423 DRAINAGE CONTROL ......................................................................................................................... 177 01424 EROSION CONTROL ............................................................................................................................ 177 01480 AIRFILED CONSTRUCTION AREA CONTROL ........................................................................................ 178 01502 CONTRACTOR'S CONTINUING OBLIGATION ....................................................................................... 188 01503 CONTACT PERSONS FOR OUTSIDE AGENCIES .................................................................................... 189 01504 PROJECT CLOSEOUT ........................................................................................................................... 189 01505 CLEANING ........................................................................................................................................... 189 01506 FINAL SITE CLEAN-UP ......................................................................................................................... 189 01510 PROJECT RECORD DOCUMENTS ......................................................................................................... 189 01520 TOUCH-UP AND REPAIR ..................................................................................................................... 189 01530 REUSE OF DOCUMENTS ..................................................................................................................... 190 EXHIBIT 10 SUCCESSFUL BIDDER’S CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED 191
CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED ......................................................... 192 BOND OF FAITHFUL PERFORMANCE .................................................................................................................. 192 PAYMENT BOND ................................................................................................................................................ 194 CERTIFICATE OF INSURANCE .............................................................................................................................. 196 EXHIBIT 11 CITY OF HOLLISTER FORMS AND MEMORANDUM DOCUMENTS ................................................. 199 CITY OF HOLLISTER FORMS AND MEMORANDUM DOCUMENTS ........................................................................... 200 INSTRUCTIONS FOR PREPARATION OF STATEMENT OF COMPLIANCE ............................................................ 200 Contractors who pay all required fringe benefits: ........................................................................................................... 200 Contractors who pay no fringe benefits: ......................................................................................................................... 200 Use of Section 4(c), Exceptions: ....................................................................................................................................... 200 STATEMENT OF COMPLIANCE ........................................................................................................................... 201 CITY OF HOLLISTER FRINGE BENEFIT STATEMENT ............................................................................................. 202 NOTICE TO PUBLIC ENTITY ................................................................................................................................. 204 CITY OF HOLLISTER PUBLIC WORKS PAYROLL REPORTING FORM ..................................................................... 205 ENGINEERING SERVICES BID PROTEST ............................................................................................................... 206 CITY OF HOLLISTER NOTICE OF POTENTIAL CLAIM ............................................................................................ 207 EXHIBIT 12 FAA TECHNICAL SPECIFICATIONS ................................................................................................ 208 FAA TECHNICAL SPECIFICATIONS ........................................................................................................................... 209 Section 10 Definition of Terms ........................................................................................................................... 210 Section 20 Proposal Requirements and Conditions............................................................................................ 218 Section 30 Award and Execution of Contract ..................................................................................................... 223 Section 40 Scope of Work .................................................................................................................................. 226 Section 50 Control of Work ................................................................................................................................ 229 Section 60 Control of Materials ......................................................................................................................... 235 Section 70 Legal Regulations and Responsibility to Public ................................................................................ 238 A.10.d
Packet Pg. 508

SECTION PAGE
TOC-v
Section 80 Execution and Progress .................................................................................................................... 246 Section 90 Measurement and Payment ............................................................................................................. 252 Item C-100 Contractor Quality Control Program (CQCP) ................................................................................... 259 Item C-102 Temporary Air and Water Pollution, Soil Erosion, and Siltation Control ......................................... 266 Item C-105 Mobilization .................................................................................................................................... 270 Item C-110 Method of Estimating Percentage of Material Within Specification Limits (PWL) .......................... 273 Item P-101 Preparation/Removal of Existing Pavements .................................................................................. 281 Item P-151 Clearing and Grubbing .................................................................................................................... 288 Item P-152 Excavation, Subgrade, and Embankment ........................................................................................ 290 Item P-153 Controlled Low-Strength Material (CLSM) ...................................................................................... 298 Item P-154 Subbase Course ............................................................................................................................... 301 Item P-155 Lime-Treated Subgrade ................................................................................................................... 307 Item P-156 Cement Treated Subgrade ............................................................................................................... 313 Item P-157Kiln Dust Treated Subgrade .............................................................................................................. 314 Item P-158 Fly Ash Treated Subgrade ................................................................................................................ 322 Item P-207 In-place Full Depth Reclamation (FDR) Recycled Asphalt Aggregate Base Course .......................... 328 Item P-208 Aggregate Base Course ................................................................................................................... 336 Item P-209 Crushed Aggregate Base Course ..................................................................................................... 344 Item P-210 Caliche Base Course ......................................................................................................................... 351 Item P-211 Lime Rock Base Course .................................................................................................................... 357 Item P-212 Shell Base Course ............................................................................................................................. 363 Item P-213 Sand-Clay Base Course .................................................................................................................... 369 Item P-217 Aggregate-Turf Runway/Taxiway ................................................................................................... 375 Item P-219 Recycled Concrete Aggregate Base Course ..................................................................................... 383 Item P-220 Cement Treated Soil Base Course .................................................................................................... 392 Item P-304 Cement-Treated Aggregate Base Course (CTB) ............................................................................... 400 Item P-306 Lean Concrete Base Course ............................................................................................................. 410 Item P-307 Cement Treated Permeable Base Course (CTPB) ............................................................................. 422 Item P-401 Asphalt Mix Pavement .................................................................................................................... 431 Item P-403 Asphalt Mix Pavement Course......................................................................................................... 453 Item P-404 Fuel-Resistant Asphalt Mix Pavement ............................................................................................. 481 Item P-501 Cement Concrete Pavement ............................................................................................................ 506 Item P-608 Emulsified Asphalt Seal Coat ........................................................................................................... 550 Item P-608-R Rapid Cure Seal Coat .................................................................................................................... 562 Item P-609 Chip Seal Coat .................................................................................................................................. 572 Item P-623 Emulsified Asphalt Spray Seal Coat ................................................................................................. 580 Item P-626 Emulsified Asphalt Slurry Seal Surface Treatment .......................................................................... 588 Item P-629 Thermoplastic Coal Tar Emulsion Surface Treatments .................................................................... 598 Item P-630 Refined Coal Tar Emulsion Without Additives, Slurry Seal Surface Treatment ................................ 614 Item P-631 Refined Coal Tar Emulsion with Additives, Slurry Seal Surface Treatment ...................................... 622 Item P-632 Asphalt Pavement Rejuvenation ..................................................................................................... 630 Item P-602 Emulsified Asphalt Prime Coat ........................................................................................................ 642 Item P-603 Emulsified Asphalt Tack Coat .......................................................................................................... 646 Item P-604 Compression Joint Seals for Concrete Pavements ........................................................................... 650 Item P-605 Joint Sealants for Pavements .......................................................................................................... 658 Item P-606 Adhesive Compounds, Two-Component for Sealing Wire and Lights in Pavement ......................... 664 Item P-610 Concrete for Miscellaneous Structures ........................................................................................... 670 Item P-620 Runway and Taxiway Marking ........................................................................................................ 678 Item P-621 Saw-Cut Grooves ............................................................................................................................. 684 Item P-640 Piping, Fittings, and Appurtenances ................................................................................................ 688 Item F-160 Wire Fence with Wood Posts (Class A and B Fences) ...................................................................... 703 Item F-161 Wire Fence with Steel Posts (Class C and D Fence) .......................................................................... 709 Item F-162 Chain-Link Fence .............................................................................................................................. 715 A.10.d
Packet Pg. 509

SECTION PAGE
TOC-vi
Item F-163 Wildlife Deterrent Fence Skirt .......................................................................................................... 723 Item F-164 Wildlife Exclusion Fence ................................................................................................................... 727 Item D-701 Pipe for Storm Drains and Culverts ................................................................................................. 737 Item D-702 Slotted Drains .................................................................................................................................. 745 Item D-705 Pipe Underdrains for Airports ......................................................................................................... 749 Item D-751 Manholes, Catch Basins, Inlets and Inspection Holes ..................................................................... 756 Item D-752 Concrete Culverts, Headwalls, and Miscellaneous Drainage Structures ......................................... 762 Item D-754 Concrete Gutters, Ditches, and Flumes ........................................................................................... 768 Item T-901 Seeding ............................................................................................................................................ 770 Item T-903 Sprigging ......................................................................................................................................... 776 Item T-904 Sodding ............................................................................................................................................ 782 Item T-905 Topsoil ............................................................................................................................................. 788 Item T-908 Mulching .......................................................................................................................................... 791 Item L-109 Airport Transformer Vault and Vault Equipment ............................................................................. 815 Item L-110 Airport Underground Electrical Duct Banks and Conduits ............................................................... 819 Item L-115 Electrical Manholes and Junction Structures ................................................................................... 828 Item L-125 Installation of Airport Lighting Systems ........................................................................................... 838

A.10.d
Packet Pg. 510

CONSTRUCTION CONTRACT 1

CONSTRUCTION CONTRACT
SECTION 1
THIS CONSTRUCTION CONTRACT, entered into on _______________ , 2023 (“Execution Date”), by and between the CITY OF HOLLISTER, a California municipal corporation ("City"), and ________________________________________________("Contractor"), is made with reference to the following:

R E C I T A L S
A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California.

B. Contractor is a corporation duly organized and in good standing in the State of ________________, License Number ___________. Contractor is a general contractor with a Type A, and represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Construction Contract.

C. On __________, 2023, City issued a Notice Inviting Bids to contractors for the Runway 6 Safety Improvement Project, A.I.P. No. 3-06-0105-26. A copy of City’s Notice Inviting Bids is attached hereto as Exhibit 1 and incorporated by reference. In response to City’s Notice Inviting Sealed Bids, Contractor submitted its Bid. A copy of Contractor’s Bid is attached hereto as Exhibit 2 and incorporated herein by reference. Also attached hereto and incorporated by reference are: Instruction to Bidders and Proposal to City of Hollister (Exhibit 3); Statement of Work (Exhibit 4); Items of Construction (Exhibit 5); Contract Documents/Forms to be submitted to the City within 5 Working Days after Bid Opening Date (Exhibit 6); Airport Improvement Program Requirements (Exhibit 7); General Conditions (Exhibit 8), Special Provisions (Exhibit 9) Successful Bidder’s Contract Documents to be Submitted After Project is Awarded (Exhibit 10); City of Hollister Forms and Memorandum Documents (Exhibit 11); and the FAA Technical Specifications (Exhibit 12).

D. Also incorporated hereto, as if fully set forth, are the latest edition of the City of Hollister Standard Specifications; the latest edition “Greenbook” Standard Specifications for Public Works Construction published by BNI Publications, Inc. (the “Greenbook”); the latest edition of the California Manual on Uniformed Traffic Control Devices (“MUTCD”); and, the latest edition of the California Department of Transportation Standard Specifications (“Caltrans Standard Specifications”), except Sections 1 -9 are omitted in their entirety. This contract shall be governed by: (i) the FAA Technical Specifications (Exhibit 12); (ii) the latest editions of the City of Hollister Standard Specifications; and (iii) the Greenbook at the time bids are opened, including all applicable updates and amendments thereto. In the event of a conflict between the Plans, any section of the Specifications, order of precedence of the Contract Documents shall be as identified in Section 50-04 List of Special Provisions, Part 1- General Contract Provisions of the FAA Technical Specifications (Exhibit 12).

A.10.d
Packet Pg. 511

CONSTRUCTION CONTRACT 2

E. City and Contractor desire to enter into this Construction Contract for the Runway 6 Safety Improvement Project, A.I.P 3-06-0105-26, and other services, as identified in the in the Bid Documents for the Hollister Municipal Airport upon the following terms and conditions.

NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually agreed by and between the undersigned parties as follows:

SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.

1.1 Recitals.

All of the recitals set forth above are incorporated herein by reference.

1.2 Definitions.

Capitalized terms shall have the meanings set forth in this Construction Contract, General Conditions, FAA Technical Specifications and/or in the latest edition of the City of Hollister Standard Specifications and the Greenbook. If there is a conflict between the definitions in this Construction Contract and those set forth in the General Conditions, City of Hollister Standard Specifications or Greenbook, the definitions in this Construction Contract shall govern.

SECTION 2 THE PROJECT.

The project is the construction of the Runway 6 Safety Improvement Project, A.I.P. No. 3-06- 0105-26 ("Project") at the Hollister Municipal Airport.

SECTION 3 THE CONTRACT DOCUMENTS.

The Contract Documents consist of the following collection of documents:
(i) Notice Inviting Bids
(ii) Executed Construction Contract between City and Contractor. (iii) Instructions to Bidders
(iv) Statement of Work
(v) Items of Construction
(vi) Contractor’s Bid
(vii) General Conditions
(viii) Special Provisions
(ix) Airport Improvement Program Requirements
(x) FAA Technical Specifications.
(xi) Performance and Payment Bonds.
(xii) Insurance Forms.
(xiii) Plans and Drawings.
(xiv) Reports listed in the Bidding Documents.
(xv) Supplements, Attachments, and Exhibits attached to the above items. (xvi) Change Orders.
(xvii) Field Directives
A.10.d
Packet Pg. 512

CONSTRUCTION CONTRACT 3

SECTION 4 THE WORK.

The Work includes all labor, materials, equipment, services, permits, licenses and taxes, and all other things necessary for Contractor to perform its obligations herein and complete the Project, including, without limitation, any Change Orders requested by Contractor and/or City and authorized by City, in accordance with the Contract Documents and all applicable code requirements.

SECTION 5 PROJECT TEAM.

In addition to Contractor, City has retained, or may retain, at City’s sole discretion, consultants and contractors to provide professional and technical consultation for the design and construction of the Project (the “Project Team”). The Project requires that Contractor operate and communicate efficiently, effectively and cooperatively with City, as well as all other members of the Project Team.

SECTION 6 TIME OF COMPLETION.

6.1 Time is of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

6.2 Commencement of Work.

Contractor shall commence the Work on the date specified in the City’s Notice to Proceed.

6.3 Contract Time.

Contractor shall diligently prosecute the Work to Substantial Completion Starting 10 consecutive calendar days from the date contract time commences as specified in City’s Notice to Proceed and completing the work within the following:
1) 120 Calendar Days for Mobilization and Procurement of Materials 2) 90 Calendar Days for Phases 1 and 2

6.4 Liquidated Damages.

6.4.1 Entitlement.

City and Contractor acknowledge and agree that if Contractor fails to fully and satisfactorily and substantially complete the Work within the Contract Time, City will suffer, as a result of Contractor’s failure, substantial damages which are both extremely difficult and impracticable to ascertain. Such damages may include, but are not limited to:
(i) Loss of public confidence in City and its contractors and consultants. (ii) Loss of public use of public facilities.
(iii) Extended disruption to public.

6.4.2 Daily Amount.

A.10.d
Packet Pg. 513

CONSTRUCTION CONTRACT 4
City and Contractor have reasonably endeavored, but failed, to ascertain the precise amount relationship to the actual damage that City will incur if Contractor fails to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

Therefore, the parties agree that in addition to all other damages to which City may be entitled, other than delay damages, in the event Contractor shall fail to achieve Substantial Completion of the entire Work within the Contract Time of Completion, Contractor shall pay City, as liquidated damages, the amount of $1000.00 per calendar day for each day occurring after the expiration of the Contract Time of Completion until Contractor achieves Substantial Completion of the entire Work. The liquidated damages amount is not a penalty but considered to be a reasonable estimate of the amount of damages City will suffer.

6.4.3 Apportionment.

Such liquidated damages shall be subject to apportionment for delays to Substantial Completion for which Contractor is entitled to receive an extension of time under the Contract Documents. Such apportionment shall not be affected by the fact that liquidated damages may not be capable of apportionment for other periods of time during which there have occurred delays concurrently caused by both City and Contractor. It being the Contractor’s obligation to have the entire Work substantially completed within the Contract Time of Completion, it is agreed that such liquidated damages shall not be apportioned for portions of the Work completed prior to expiration of the Contract Time.

6.4.4 Exclusive Remedy.

City and Contractor acknowledge and agree that this liquidated damages provision shall be City’s only remedy for delay damages caused by Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.4.5 Damages upon Abandonment.

In the event that Contractor either abandons the Work or is terminated by the City for default in accordance with the provisions of Section 16 of this Construction Contract, City shall have the right, in its sole discretion exercised by written notice issued either before or after Substantial Completion, to elect to either assert or waive its right to liquidated damages under this Paragraph 6.4.

.1 If City elects to assert its right to liquidated damages, then the liquidated damages shall be calculated from expiration of the Contract Time of Completion to the date that Substantial Completion of the Work is achieved by City or its replacement contractor employed to complete Contractor's performance.

.2 If City elects to waive its right to liquidated damages, then Contractor shall be liable to City, in lieu of the liquidated damages provided for in this Paragraph 6.4, for all actual Losses proximately resulting from Contractor's failure to complete the Work within the Contract Time of Completion.

6.4.6 Other Remedies.

A.10.d
Packet Pg. 514

CONSTRUCTION CONTRACT 5
The parties further acknowledge and agree that City is entitled to any and all available legal and equitable remedies City may have where City’s Losses are caused by any reason, other than Contractor’s failure to achieve Substantial Completion of the entire Work within the Contract Time of Completion.

6.5 Adjustments to Contract Time of Completion.

The Contract Time of Completion may only be adjusted for time extensions approved in writing by City and agreed to by Change Order executed by City and Contractor in accordance with the requirements of the Contract Documents.

6.6 Additional Compensation to Contractor.

The Contract Sum shall be increased by the amount of $1000.00 for each day of extension to the Contract Time as permitted by law and solely due to Compensable Delay occurring prior to Substantial Completion, but only to the extent that such Compensable Delay is not concurrent with a Non-Compensable Delay.

Regardless of the cause of the Compensable Delay (including, without limitation, acts or omissions of City or its consultants, errors, conflicts or omissions in the Contract Documents, or Changes to the Work), Contractor agrees to accept the compensation provided for in this Paragraph as its sole and exclusive right, remedy and recovery arising from or related to any loss, damages, costs and expenses due to delay, interruption, hindrance, compression, acceleration, disruption or the impact or ripple effect of delays on the Work, that may occur in connection with Contractor’s performance of Work on the Project and for any resulting foreseen or unforeseen:

(i) Overhead expenses such as, but not limited to, additional supervision, administration, extended or extraordinary overhead (direct or home office), insurance or bond costs and
(ii) Productivity expenses such as additional loss of productivity, inefficiency, and escalation of costs of labor, wage, material or equipment.

SECTION 7 COMPENSATION TO CONTRACTOR.

7.1 Contract Sum.

Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents. Measurement and payment for pay items in the proposal will be as indicated in the applicable technical specification or in the special provisions.

When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of work actually completed and accepted.

The total Bid Contract Sum is: _____________________________________________- _________________________________ Dollars ($ ____________________) (the “Bid Contract Sum”).

A.10.d
Packet Pg. 515

CONSTRUCTION CONTRACT 6

7.2 Full Compensation.

The compensation paid to the Contractor shall be considered full compensation for all Work provided by Contractor and, except as otherwise expressly permitted by the terms of the Contract Documents, shall cover any and all losses, fees, and/or damages to Contractor arising out of the nature of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be encountered in performance of the Work by Contractor until its Acceptance by City, all risks connected with the Work, and any and all expenses incurred by Contractor due to suspension or discontinuance of the Work. The Contract Sum may only be adjusted for Change Orders issued, executed by the City and satisfactorily performed by Contractor in accordance with the requirements of the Contract Documents.

SECTION 8 STANDARD OF CARE.

Contractor agrees that the Work shall be performed by qualified, experienced and well- supervised personnel. All services performed in connection with this Construction Contract shall be performed in a manner consistent with the standard of care under California law applicable to those contractors who specialize in providing such services for projects of the type, scope and complexity of the Project.

SECTION 9 INDEMNIFICATION.

9.1 Hold Harmless.

To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to any of, the following:
(i) Performance or nonperformance of the Work by Contractor or its Subcontractors or Sub-subcontractors, of any tier;
(ii) Performance or nonperformance by Contractor or its Subcontractors or Sub- subcontractors, of any Tier, of any of the obligations under the Contract Documents;
(iii) The construction activities of Contractor or its Subcontractors or Sub- subcontractors, of any Tier, either on the Site or on other properties; (iv) The payment or nonpayment by Contractor of any of its Subcontractors or Sub- subcontractors, of any tier, for Work performed on or off the site for the Project; and
(v) Any personal injury, wrongful death, property damage or economic loss to third persons associated with the performance or nonperformance by Contractor or its Subcontractors or Sub-subcontractors of any tier, of the Work.

However, nothing contained herein shall be construed as obligating Contractor to indemnify any Indemnitee for Losses resulting from the sole, active negligence or willful A.10.d
Packet Pg. 516

CONSTRUCTION CONTRACT 7
misconduct of the Indemnitee. Contractor shall pay City for any and all costs and fees incurred in enforcing this provision. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee.

9.2 Survival.

The provisions of Section 9 herein shall survive the termination of this Construction Contract.

SECTION 10 COMPLIANCE WITH APPLICABLE CODE REQUIREMENTS.

This Project constitutes "public works" within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Contractor agrees to be subject to and comply with all applicable federal, state and municipal laws, codes, ordinances and regulations governing the Work, including, but not limited to:

(i) The applicable provisions of the California Labor Code; and

SECTION 11 INSURANCE AND BONDS.

Prior to the commencement of any Work, Contractor shall provide City with evidence that it has obtained all insurance and Performance and Payment Bonds attached hereto, which are required by the City and approved by the City Attorney. Failure to do so by Contractor shall be deemed a material breach of this Construction Contract.

SECTION 12 PROHIBITION AGAINST TRANSFERS.

City is entering into this Construction Contract based upon the stated experience and qualifications set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior written consent of City. Any assignment, hypothecation or transfer without said consent by the City shall be null and void.

For purposes of applying the provisions of this Section, the sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of any general partner or joint venturer or syndicate member of Contractor, if a partnership or joint venture or syndicate or co-tenancy exists, which shall result in changing the control of Contractor, shall be construed as an assignment of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or other entity.

SECTION 13 NOTICES.

13.1 Method of Notice.

Except as provided in Section 13.2 below, all notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and conclusively shall be deemed served on the earlier of the following:

A.10.d
Packet Pg. 517

CONSTRUCTION CONTRACT 8
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided; (iii) On the date sent if sent by facsimile transmission; or (iv) On the date it is accepted or rejected if sent by certified mail.

13.2 Notice Recipients.

All notices, claims, demands or requests, including, without limitation, Notice of Potential Claims (“Claims”) from Contractor to City at:

Hollister Municipal Airport
City of Hollister
60 Airport Drive
Hollister, CA 95023
Attention: David Mirrione, Assistant City Manager
Re: ______________________________________, AIP ______

In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the following:

City of Hollister, City Attorney Office
375 Fifth St.

Hollister, CA 95023
Attention: Jason S. Epperson, City Attorney
Re: ______________________________________, AIP ______

All such Claims shall be delivered personally or sent by certified mail.

All notices, demands, requests or approvals from City to Contractor shall be addressed to:
__________________________________
__________________________________
__________________________________
__________________________________
Re: ______________________________________, AIP ______

13.3 Change of Address.

In the event of any change of address, the moving party is obligated to immediately notify the other party of the change of address in writing. Each party may, by written notice only, add delete or replace any listed individuals.

SECTION 14 DISPUTE RESOLUTION.

14.1 Resolution of Contract Disputes.

All Contractor Claims, as defined by Public Contract Code section 9204(c) shall be resolved by the parties in accordance with California Public Contracts sections 20104- A.10.d
Packet Pg. 518

CONSTRUCTION CONTRACT 9
20104.6 and applicable law. The Claims Procedures set forth in General Conditions shall be the exclusive recourse of Contractor for such claims.

14.2 Resolution of Other Disputes.

14.2.1 Other Disputes.

The definition of Contractor Claims shall not include any of the following:
(i) Penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency (other than relief from damages or penalties for delay assessed by a public entity under a contract for a public works project); (ii) Third party tort claims for personal injury, property damage or death relating to any Work performed by Contractor or its Subcontractors or Sub- subcontractors of any Tier;
(iii) False claims liability under California Government Code section 12650, et. seq.; (iv) Defects in the Work first discovered by City after Final Payment by City to Contractor; or
(vi) The right of City to specific performance or injunctive relief to compel performance of any provision of the Contract Documents or for other City claims against the Contractor.

14.2.2 Litigation, City Election.

Matters that do not constitute Contractor Claims shall be resolved by way of an action filed in the Superior Court of the State of California, County of San Benito, and shall not be subject to the Contract Dispute Resolution Process. However, the City reserves the right, in its sole and absolute discretion, to treat such disputes as Contract Claims.

Upon written notice by City of its election as provided in the preceding sentence, such dispute shall be submitted by the parties and finally decided pursuant to the Contract Dispute Resolution Process in the manner as required for Contract Claims, including, without limitation, City’s right under Paragraph 14.4.2 to defer resolution and final determination until after Final Completion of the Work.

14.3 Submission of Contractor Claim.

14.3.1 By Contractor.

Contractor shall submit a written Contractor Claim in accordance with applicable terms and conditions set forth in the Contract Documents.

14.3.2 By City.

City's right to commence the Contract Dispute Resolution Process shall arise at any time following City's actual discovery of the circumstances giving rise to a contract dispute.

Nothing contained herein shall preclude City from asserting contract disputes in response to a Claim asserted by Contractor. A Statement of Contract Dispute submitted by City shall state the events or circumstances giving rise to the contract dispute, the dates of their occurrence and the damages or other relief claimed by City as a result of such events (Contract Dispute).

14.4 Contract Dispute Resolution Process.

A.10.d
Packet Pg. 519

CONSTRUCTION CONTRACT 10
The parties shall utilize each of the following steps in the Contract Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Contract Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the process.

14.4.1 Response by City.

The time periods for the City's response are set forth in the General Conditions.

14.4.2 Meet and Confer Conference.

If the claimant disputes the City's written response, or if the City fails to respond to a claim issued within the time prescribed in the General Conditions, the claimant may demand in writing and an informal conference to meet and confer for settlement of the issue in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

14.4.3 Mediation.
(i) Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the claimant sharing the associated costs equally.

The City and the claimant shall mutually agree to a mediator within ten 10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(ii) 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.

A.10.d
Packet Pg. 520

CONSTRUCTION CONTRACT 11
(iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

14.4.4 Binding Arbitration.

If the Contractor Claim or Contract Dispute is not resolved by mediation, then the party wishing to further pursue resolution or determination of the Contractor Claim or Contract Dispute shall submit such for final and binding arbitration pursuant to the provisions of California Public Contract Code sections 10240, et seq. The award of the arbitrator therein shall be final and may be entered as a judgment by any court of competent jurisdiction. Such arbitration shall be conducted in accordance with the following:
.1 Arbitration Initiation. The arbitration shall be initiated by filing a complaint in arbitration in accordance with the regulations promulgated pursuant to California Public Contract Code section 10240.5.
.2 Qualifications of the Arbitrator. The arbitrator shall be selected based by mutual agreement of the parties. The arbitrator shall be a retired judge or an attorney with at least five (5) years of experience with public works construction contract law and in arbitrating public works construction disputes. In addition, the arbitrator shall have at least twenty (20) hours of formal training in arbitration skills. In the event the parties cannot agree upon a mutually acceptable arbitrator, then the provisions of California Public Contract Code Section 10240.3 shall be followed in selecting an arbitrator possessing the qualifications required herein. .3 Hearing Days and Location. Arbitration hearings shall be held at the offices of City and shall, except for good cause shown to and determined by the arbitrator, be conducted on consecutive business days, without interruption or continuance. .4 Hearing Delays. Arbitration hearings shall not be delayed except upon good cause shown.
.5 Recording Hearings. All hearings to receive evidence shall be recorded by a certified stenographic reporter, with the costs thereof borne equally by City and Contractor and allocated by the arbitrator in the final award. .6 Limitation of Depositions. Discovery shall be permitted in accordance with the provisions of Section 10240.11 of the Public Contract Code; provided, however, that depositions shall be limited to both of the following:
(i) Ten (10) percipient witnesses for City and ten (10) percipient witnesses for Contractor and
(ii) Expert witnesses.

A.10.d
Packet Pg. 521

CONSTRUCTION CONTRACT 12
Upon a showing of good cause, the arbitrator may increase the number of permitted depositions. An individual who is both percipient and expert shall, for purposes of applying the foregoing numerical limitation only, be deemed an expert. Expert reports shall be exchanged prior to receipt of evidence, in accordance with the direction of the arbitrator, and expert reports (including initial and rebuttal reports) not so submitted shall not be admissible as evidence.

.7 Authority of the Arbitrator. The arbitrator shall have the authority to hear dispositive motions and issue interim orders and interim or executory awards. .8 Waiver of Jury Trial. Contractor and City each voluntarily waives its right to a jury trial with respect to any Contractor Claim or Contract Dispute that is subject to binding arbitration in accordance with the provisions of this Paragraph 14.4.4.

Contractor shall include this provision for waiver of jury trial, waiving the right to jury trial in any action involving City as a party in its contracts with its Subcontractors who provide any portion of the Work.

14.5 Non-Waiver.

There shall be no waiver of the rights granted pursuant to the Dispute Resolution Process, unless specifically set forth in Public Contract Code section 9204((f)(1) or (2). Specifically, participation in the Contract Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of City, including, without limitation, any defense based on the assertion that the rights or Contractor Claims that are the basis of a Contract Dispute were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notice of requests for adjustments of the Contract Sum or Contract Time of Completion or for submission of Contractor Claims or supporting documentation of such claims.

SECTION 15 DEFAULT.

15.1 Notice of Default.

In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract.

15.2 Opportunity to Cure Default.

Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract Documents within ten (10) days after receipt of written notice.

SECTION 16 CITY'S RIGHTS AND REMEDIES.

16.1 Remedies Upon Default.

A.10.d
Packet Pg. 522

CONSTRUCTION CONTRACT 13
In the event that Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 15, then City may pursue any remedies available under law or equity, including, without limitation, the following:

16.1.1 Delete Certain Services.

City may, without terminating the Construction Contract, delete certain portions of the Work, reserving to itself all rights to Losses related thereto.

16.1.2 Perform and Withhold.

City may, without terminating the Construction Contract, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related thereto.

16.1.3 Suspend The Construction Contract.

City may, without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages if City directs Contractor to resume Work.

16.1.4 Terminate the Construction Contract for Default.

City may terminate all or any part of this Construction Contract for default in accordance with Paragraph 16.4 below, reserving to itself all rights to Losses related thereto.

16.1.5 Invoke the Performance Bond.

City may, with or without terminating the Construction Contract and reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.

16.1.6 Additional Provisions.

All of City’s rights and remedies under this Construction Contract are cumulative, and shall be in addition to those rights and remedies available in law or in equity.

Designation in the Contract Documents of certain breaches as material shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate the Construction Contract, or the exercise of its other rights or remedies for default, to only material breaches. City’s determination of whether there has been noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for default under the Construction Contract, shall be binding on all parties. No termination or action taken by City after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may A.10.d
Packet Pg. 523

CONSTRUCTION CONTRACT 14
proceed against Contractor to recover all liquidated damages and Losses suffered by City.

16.2 Delays by Sureties.

Without limitation to any of City’s other rights or remedies under the law, City has the right to suspend the performance by Contractor’s sureties in the event of any of the following:

(i) Failure of the sureties to begin Work within a reasonable time in such manner as to insure full compliance with the Construction Contract within the Contract Time;
(ii) Abandonment of the Work;
(iii) If at any time City is of the opinion the Work is unnecessarily or unreasonably delayed;
(iv) Willful violation of any terms of the Construction Contract; (v) Failure to perform according to the Contract Documents; or (vi) Failure to follow instructions of City for its completion within the Contract Time.

City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the performance or any part thereof of the sureties.

16.3 Damages to City.

16.3.1 For Contractor's Default.

City will be entitled to recovery of all Losses under law or equity in the event of Contractor’s default under the Contract Documents.

16.3.2 Compensation for Losses.

In the event that City's Losses arise from Contractor’s default under the Contract Documents, City shall be entitled to withhold monies otherwise payable to Contractor until Final Completion of the Project. If City incurs Losses due to Contractor’s default, then the amount of Losses shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon Final Completion of the Project. If the Losses incurred by City exceed the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.

16.4 Termination of the Construction Contract for Default.

Without limitation to any of City’s other rights or remedies at law or in equity, and reserving to itself all rights to Losses related thereto, City shall have the right to terminate this Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as required by Section 15. City’s election to terminate the Construction Contract for default shall be communicated by giving Contractor a written notice of termination in the manner specified for the giving of notices in the Construction Contract.

Any notice of termination given to Contractor by City shall be effective immediately, unless otherwise provided therein.

A.10.d
Packet Pg. 524

CONSTRUCTION CONTRACT 15

16.5 Suspension by City for Convenience.

City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Such order shall be specifically identified as a Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order. If a Suspension Order is canceled or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. The provisions of this Paragraph 16.5 shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

16.6 Termination Without Cause.

City shall have the option, at its sole discretion and without cause, of terminating this Construction Contract in part or in whole by giving thirty (30) days written notice to Contractor. Contractor agrees to accept such sums as allowed under this Paragraph 16.6 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect or incidental damages of any kind.

16.6.1 Compensation.

Following such termination and within forty-five (45) days after receipt of a billing from Contractor seeking payment of sums authorized by this Paragraph 16.6, City shall pay to Contractor as its sole compensation for performance of the Work the following:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors and Sub-subcontractors for:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without limitation, all billing and accounting functions, not including attorney or expert fees) for a period of no longer than thirty (30) Days after receipt of the notice of termination in an amount not to exceed the daily sum payable to Contractor for Compensable Delays in Paragraph

6.6 of this Construction Contract.

A.10.d
Packet Pg. 525

CONSTRUCTION CONTRACT 16
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which were fabricated for subsequent incorporation in the Work.

16.6.2 Subcontractors.

Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 16.6.

16.7 Contractor’s Duties Upon Termination.

Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs otherwise, do the following:

(i) Immediately discontinue the Work to the extent specified in the notice; (ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued;
(iii) Provide to City a description, in writing no later than fifteen (15) days after receipt of the notice of termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without limitation, the terms of the original price, any changes, payments, balance owing, the status of the portion of the Work covered and a copy of the subcontract, purchase order or contract and any written changes, amendments or modifications thereto, together with such other information as City may determine necessary in order to decide whether to accept assignment of or request Contractor to terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project Site or in transit thereto.

SECTION 17 CONTRACTOR'S RIGHTS AND REMEDIES.

17.1 Contractor’s Remedies.

Contractor may terminate this Construction Contract for cause only upon the occurrence of one of the following:

17.1.1 For Work Stoppage.

The Work is stopped for sixty (60) consecutive Days, through no act or fault of Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance of an order of a court or other public authority other than City having A.10.d
Packet Pg. 526

CONSTRUCTION CONTRACT 17
jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.

17.1.2 For City's Non-Payment.

If City does not make payment of sums that are not in good faith disputed by City and does not cure such default within ninety (90) calendar days after receipt of notice from Contractor, then upon an additional thirty (30) days’ notice to City, Contractor may terminate the Construction Contract.

17.2 Damages to Contractor.

In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph16.6 above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or other consequential, direct, indirect and incidental damages, of any kind.

SECTION 18 ACCOUNTING RECORDS.

18.1 Financial Management and City Access.

Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Construction Contract in accordance with generally accepted accounting principles and practices consistently applied. City and City's accountants shall be afforded access at all times during normal business hours, to inspect, audit and copy Contractor's records, books, estimates, take- offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and Contractor shall preserve these for a period of three (3) years after the later of (i) final payment or (ii) final resolution of all Contract Disputes and other disputes or for such longer period as may be required by law.

18.2 Compliance with City Requests.

Contractor's compliance with any request by City pursuant to this Section18 shall be a condition precedent to filing or maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further payments under the Contract Documents. Any failure by Contractor to provide access to its business records for inspection or copying by City shall be specifically enforceable by issuance of a writ or a provisional or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony.

SECTION 19 INDEPENDENT PARTIES.

Both parties to this Construction Contract will be acting in an independent capacity and not as agents, employees, partners, or joint venturers of one another. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents, employees, subconsultants, or subcontractors, except as herein set forth.

A.10.d
Packet Pg. 527

CONSTRUCTION CONTRACT 18
SECTION 20 NUISANCE.

Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection with the performance of services under this Construction Contract.

SECTION 21 PERMITS AND LICENSES.

Contractor, at its sole expense, shall obtain and maintain during the term of this Construction Contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services hereunder, including, but not limited to, a Hollister business license.

SECTION 22 WAIVER.

A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

SECTION 23 CONFLICTS WITH THE CONSTRUCTION CONTRACT.

City and Contractor agree that if there is any conflict between the terms of this Construction Contract and the other Contract Documents, this Construction Contract shall control.

SECTION 24 GOVERNING LAW.

This Construction Contract shall be construed in accordance with and governed by the laws of the State of California.

SECTION 25 COMPLETE AGREEMENT.

This Construction Contract represents the fully integrated and complete agreement and understanding between the parties with respect to the services set forth in this Construction Contract, and all preliminary negotiations and contracts of whatever kind or nature are merged herein. No verbal agreed or implied covenant shall be held to vary the provisions of this Construction Contract. Any modification of this Construction Contract will be effective only upon written execution signed by both City and Contractor and when approved as to form by the City Attorney.

SECTION 26 SURVIVAL OF CONTRACT.

The provisions of the Construction Contract, which by their nature survive termination of the Construction Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any termination of the Construction Contract.

SECTION 27 ADDITIONAL CONTRACT REQUIREMENTS.

A.10.d
Packet Pg. 528

CONSTRUCTION CONTRACT 19
This contract does have special fund(s) involved requiring additional contract requirements, therefore this section does apply.

This Contract includes the following source of fund(s) or the City intends to apply to the following source of fund(s) for reimbursement of the expenses associated with the work set forth in this Contract:
☐ Community Development Block Grant (CDBG)
☐ Housing and Urban Development (HUD)
☒ Other: Federal Aviation Authority (FAA)
☒ Other: Caltrans Division of Aeronautics

Therefore, City shall require Contractor to comply with the special fund(s) requirements (Exhibit 7), as they may be amended from time to time, in addition to all other requirements imposed by City.

SECTION 28 PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM-SB 854 In accordance with State of California Senate Bill No. 854 (SB 854):

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public-Works/SB854.html .

SECTION 29 GOVERNMENTAL POWERS.

Nothing in this Agreement shall be deemed directly or indirectly to restrict or to impair in any manner or respect whatsoever any of City's governmental powers or rights or the exercise thereof by City, with respect to the Work or Project.

SECTION 30 SEVERABILITY.

A.10.d
Packet Pg. 529

CONSTRUCTION CONTRACT 20
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected.

SECTION 31 EXHIBITS.

Exhibit 1 – Notice Inviting Bids.

Exhibit 2 – Contractor's Bid.

Exhibit 3 – Instruction to Bidders and Proposal to the City of Hollister.

Exhibit 4 – Statement of Work.

Exhibit 5 – Items of Construction.

Exhibit 6 – Contract documents/ Forms to be submitted to the City within 5 Working says after Bid Opening Date.

Exhibit 7 – Airport Improvement Program Requirements.

Exhibit 8 – General Conditions.

Exhibit 9 – Special Provisions .

Exhibit 10 – Successful Bidder’s Contract Documents to be Submitted After the Project is Awarded.

Exhibit 11 – City of Hollister Forms and Memorandum Documents.

Exhibit 12 – FAA Technical Specifications.

IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above written.

CITY OF HOLLISTER,
a municipal corporation

By: ____________________________
Ignacio Velazquez, Mayor

APPROVED AS TO FORM:

By: __________________________
Mary F. Lerner, Lozano Smith Attorneys at Law

ATTEST:

By: ____________________________
Christine Black, MMC, City Clerk

CONTRACTOR:

A.10.d
Packet Pg. 530

CONSTRUCTION CONTRACT 21
__________________________________
__________________________________
By _______________________________
Title _____________________________
A.10.d
Packet Pg. 531

EXHIBIT 1 Notice Inviting Sealed Bids 22
EXHIBIT 1
Notice Inviting Sealed Bids

A.10.d
Packet Pg. 532

EXHIBIT 1 Notice Inviting Sealed Bids 23

NOTICE INVITING SEALED BIDS
for the
Runway 6 Safety Improvement Project
A.I.P. No: 3-06-0105-26

The City Council of the City of Hollister invites sealed bids for the Runway 6 Safety Improvement Project, A.I.P. No. 3-06-0105-26.

The work to be performed includes: removal of the existing in-line taxiway preceding Runway 6, the demolition of a section of the existing Taxiway ‘C’ pavement, and the construction of a new connector taxiway at Runway 6 threshold. The project also includes: airfield electrical improvements for the new connector taxiway with mandatory guidance signage, relocation of the existing runway end lights and REIL’s, grading and drainage, stormwater water treatment, and pavement markings.

All work is to be done at the places and in the particular locations, of the forms, sizes and dimensions and of the materials and to the lines and as shown and delineated upon the plans and specifications made therefore and approved by the City.

The Bidder shall possess a Class A-General Engineering Contractor License with the provisions of the specifications and on itemized estimates duly certified and approved by the City Engineer submitted in accordance therewith, based on labor and materials incorporated into said work by the contractor.

Notice is hereby given that for any moneys earned by the contractor and withheld by the City to ensure performance of the contract, the contractor may, at his request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the Government Code of the State of California.

Notice is hereby further given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

The general prevailing rate of wages, as determined by the Secretary of Labor are included hereinafter as a part of the Contract Documents; provided, that if there is any difference between the State or Federal wage rates for any given craft or mechanic needed to execute the work, it shall be mandatory upon the Contractor and any subcontractor to pay the higher of the two rates.

DISADVANTAGED BUSINESS ENTERPRISE (DBE): There is no DBE project goal established for this project. At this time, the City will meet the DBE goal on federally assisted projects through race neutral measures. The City supports the use of race neutral measures to facilitate participation by DBEs and other small businesses, and encourages prime contractors to subcontract portions of their work that they might otherwise perform with their own forces.

All proposals or bids shall be accompanied by cash, cashier’s or certified check payable to the order of the City Council of the City of Hollister, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Clerk signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer an oath, in double said amount and over and above all statutory exemptions.

The amount so posted shall be forfeited to said City in case the bidder depositing the same does not, within ten (10) days after written notice that the contract has been awarded to him, enter into a contract with the City. All certified or cashier’s checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Said sealed bids shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA, 95023, on or before 10:00AM on February 22, 2023, said time being at least ten (10) days from the first publication of this A.10.d
Packet Pg. 533

EXHIBIT 1 Notice Inviting Sealed Bids 24
notice. Bids will be publicly opened, examined and declared on said day and hour and referred to and considered by the City Council within One-hundred and twenty (120) calendar days from said bid opening date.

A non-mandatory Pre-bid conference will be held at the Airport Terminal Building, Hollister Municipal Airport on February 9, 2023, at 10:00 AM . The last date and time to submit questions or request for information regarding this project is set at 5:00 pm on February 15, 2023. Questions must be received prior to this time and date and in writing only. By e-mail at [email protected] or you may also utilize the Q/A feature within Bidnet Direct on the project. All questions received after this date and time will not be answered.

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION - 41 CFR PART 60-2:

1. The Offeror's or Bidder’s attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetable Until further notice
Goals for minority participation for each trade (23.2%) Goals for female participation in each trade (6.9%)

These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non-federally involved construction.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.

The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

3. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is: State of California, County of San Benito, City of Hollister.

CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60-1.8 Notice to Prospective Federally Assisted Construction Contractors

1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause.

2. Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed A.10.d
Packet Pg. 534

EXHIBIT 1 Notice Inviting Sealed Bids 25
$10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities

1. A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding $10,000, which is not exempt from the provisions of the Equal Opportunity Clause.

2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

BUY AMERICAN PREFERENCES
Buy American Certification - The successful bidder must comply with Title 49 U.S.C. Section 50101. Unless otherwise formally approved by the Federal Aviation Administration (FAA), all acquired steel and manufactured products installed under the AIP assisted project must be produced in the United States. The Buy America requirements flow down from first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Section of 50101(b) permits conditional waivers of this preference. Specifically, the FAA will consider a waiver if the bidder can demonstrate:
(1) Applying subsection 50101(a) is inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(3) The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components and final assembly occurs within the United States (4) The inclusion of domestic material will increase the cost of the overall project by more than 25 percent.

As a condition of bid responsiveness, Bidder must indicate on the Buy American certification whether it intends to meet Buy American requirements by only installing 100% United States made steel and manufactured products or if they intend to request a permissible waiver to Buy America preferences.

Waivers determinations addressed under exceptions (1) and (2) will generally be made as part of the bid solicitation. Bidder may not request a waiver under exceptions (1) or (2).

The successful bidder that desires a waiver under exception (3) shall make the request by selecting the appropriate certification statement and complying with the following conditions:
- For equipment and material, the FAA has already issued a waiver to AIP Buy American preferences as indicated on the current FAA Buy American conformance list, bidder shall submit a listing of specific equipment and material it proposes to install on the project prior to the issuance of a Notice-to- Proceed.
- For equipment and material the FAA has not previously issued a waiver to Buy American preferences, the bidder identified with the apparent low bid agrees to prepare and submit to the owner a waiver request and component calculation information within 15 calendar days of the date of the notice of apparent award of contract.

The successful bidder that desires a waiver under exception (4) shall make the request by selecting the appropriate certification statement and complying with the following conditions:
- Provide detailed proposal costs using domestic product(s) and the overall project cost. - Provide detailed alternate proposal costs of the non-domestic product(s) and the overall project cost.

A.10.d
Packet Pg. 535

EXHIBIT 1 Notice Inviting Sealed Bids 26
- If the proposal with domestic product(s) is more than 25% of the proposal with non-domestic product(s), the bidder may request a waiver under exception (4).

Bidder is hereby advised that Owner approval of any requested waiver is contingent upon approval by the FAA.

The submission of a Bid shall be conclusive evidence that the Bidder agrees to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP-funded projects are produced in the United States, unless the FAA has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

A bidder or offeror must submit the appropriate Buy America Certification with all bids or offers on AIP funded projects. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.

The complete bid package, drawings, specifications, and addenda will be issued ELECTRONICALLY and are available for free by downloading the bidding documents at http://www.hollister.ca.gov/Services/open-bids-and-rfps/ Plan holders must register before they can view or purchase the bid package.

Pre-bid Meeting
Date/Time: February 9, 2023, at 10:00 AM Pacific Time (US and Canada)

Bid Opening
Date/Time: February 22, 2023 at Pacific Time (US and Canada)

Dated: _______________
City Clerk
City Clerk of the City of Hollister Published: __TBA___ & ___TBA___ A.10.d
Packet Pg. 536

EXHIBIT 2 Contractor’s Bid 27

EXHIBIT 2
Contractor’s Bid
A.10.d
Packet Pg. 537

EXHIBIT 2 Contractor’s Bid 28

PROPOSAL TO CITY OF HOLLISTER

To the Honorable City of Hollister Council

The undersigned as bidder declares that he has carefully examined the location of the proposed work, the plans and specifications and the proposed contract annexed thereto and agrees that if this proposal is accepted, to contract with the City of Hollister, in the form of the copy of the contract attached to the specifications, to provide all the materials (except those specifically mentioned to be furnished by the City), necessary machinery, tools, apparatus, and other means of construction and do all the work specified in the contract in the manner and time set forth for the improvement of the specified work entitled: Runway 6 Safety Improvement Project. .

Construction shall be in strict conformity with the plans and specifications prepared by the City of Hollister, copies of which are on file in the office of the City Clerk, and which plans and specifications are hereby made a part hereof. The Bidder proposes and agrees to contract with the City of Hollister to perform all of the work, including subsidiary obligations as defined in said specifications for the following prices to wit:

Schedule of Proposal
Runway 6 Safety Improvement Project
A.I.P. 3-06-0105-26

Item
No. SPEC No. Item Description Units Qty. Unit Price Bid Amount 1 C-105 MOBILIZATION/DEMOBILIZATION
(Max 5% of Total Bid) LS 1
$ $
2 P-101-5.3 REMOVAL OF FOREIGN
SUBSTANCES/CONTAMINATES SF 3,419
$ $
3 P-101-5.6 COLD MILLING SY 26,090
$ $
4 P-101-5.7 REMOVAL OF PIPE AND BURIED
STRUCTURES LF 39
$ $
5 C-100 CONTRACTOR’S QUALITY CONTROL LS 1
$ $
6 GCP-50-07.1a SURVEY CONTROL VERIFICATION LS 1
$ $
7 GCP-50-07.1b CONSTRUCTION SURVEY AND STAKING LS 1
$ $
8 GCP-50-07.1c RUNWAY SURVEY MONUMENT
ESTABLISHMENT EA 2
$ $
9 01480-4.1 AIRFIELD CONSTRUCTION AREA
CONTROL LS 1
$ $
10 01480-4.2 SWEEPERS AND FOD CONTROL CDAY 30
$ $
11 P-152-4.1 UNCLASSIFIED EXCAVATION CY 7,463
$ $
12 P-152-4.2 UNSUITABLE EXCAVATION CY 821
$ $
13 P-154-5.1 SUBBASE COURSE CY 728
$ $
A.10.d
Packet Pg. 538

EXHIBIT 2 Contractor’s Bid 29
Item
No. SPEC No. Item Description Units Qty. Unit Price Bid Amount 14 P-155-8.1 LIME TREATED SUBGRADE SY 3,890
$ $
15 C-102-5.1a

IMPLEMENT THE STORM WATER

POLLUTION PREVENTION PLAN AND

MEASURES
LS 1
$ $
16 P-154-5.2 SEPARATION GEOTEXTILE SY 4,840
$ $
17 P-209-5.1 CRUSHED AGGRGATE BASE COURSE CY 660
$ $
18 P-401-8.1 ASPHALT SURFACE COURSE TON 704
$ $
19 P-602-5.1 EMULSIPHIED ASPHALT PRIME COAT GAL 1,620
$ $
20 P-603-5.1 EMULSIPHIED ASPHALT TACK COAT GAL 560
$ $
21 P-620-5.2b RUNWAY AND TAXIWAY MARKING SF 5,280
$ $
22 T-905-5.1 TOPSOIL (OBTAINED ON SITE OR
REMOVED FROM STOCKPILE) SY 24,640
$ $
23 T-901-5.1 EROSION CONTROL HYDRO-SEEDING SY 40,140
$ $
24 D-701-5.1 15" HDPE STORM DRAIN PIPE LF 1,150
$ $
25 D-701-5.2 12" RCP (CLASS V) LF 551
$ $
26 D-751-5.2 CATCH BASIN EA 1
$ $
27 D-751-5.3 CONCRETE INLET APRON EA 1
$ $
28 D-751-5.1a AIRCRAFT RATED MANHOLE EA 2
$ $
29 D-751-5.1b STORM DRAIN MANHOLE EA 4
$ $
30 D-705-5.1 BIORETENTION SF 5,492
$ $
31 D-752-5.1 CONCRETE FLARED END EA 1
$ $
32 P-640-4.1 RECYCLED WATER RELOCATION LS 1
$ $
33 L-100-5.1 ELECTRICAL DEMOLITION LS 1
$ $
34 L-100-5.2 AWOS FEEDER CONDUIT RELOCATION LS 1
$ $
35 L-108-5.1
NO. 8 AWG, 5KV, L-824, TYPE C CABLE,

INSTALLED IN TRENCH, DUCT BANK, OR

CONDUIT
LF 14,218
$ $
36 L-108-5.2
NO. 6 AWG, SOLID, BARE COPPER

COUNTERPOISE WIRE, INCLUDING

CONNECTIONS
LF 2,735
$ $
A.10.d
Packet Pg. 539

EXHIBIT 2 Contractor’s Bid 30
Item
No. SPEC No. Item Description Units Qty. Unit Price Bid Amount 37 L-109-5.1 7.5KW, 3 STEP CONSTANT CURRENT
REGULATOR EA 1
$ $
38 L-110-5.1 NON-ENCASED SCH. 40 PVC CONDUIT, 1-
WAY 2" LF 1,645
$ $
39 L-110-5.2 CONCRETE-ENCASED SCH. 40 PVC
CONDUIT, 1-WAY 2" LF 450
$ $
40 L-110-5.3 DIRECTIONAL BORE SCH. 80 HDPE
CONDUIT, 1-WAY 2" LF 640
$ $
41 L-115-5.1 H-20 RATED CONCRETE HANDHOLE EA 2
$ $
42 L-125-5.1
NEW L-861E(L) ELEVATED RUNWAY END
LIGHT INSTALLED ON L-867 BASE CAN

INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 8
$ $
43 L-125-5.2
NEW L-861E(L) ELEVATED RUNWAY END
LIGHT INSTALLED ON EXISTING L-867

BASE CAN INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 8
$ $
44 L-125-5.3
NEW L-861(L) ELEVATED RUNWAY EDGE
LIGHT INSTALLED ON EXISTING L-867

BASE CAN INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 28
$ $
45 L-125-5.4
NEW L-861T(L) ELEVATED TAXIWAY EDGE
LIGHT INSTALLED ON L-867 BASE CAN

INCLUDING NEW ISOLATION

TRANSFORMER, FLANGE RING, SPACER

RINGS, AND SPLICE KIT
EA 36
$ $
46 L-125-5.4 NEW SIZE 2, 1 MODULE AIRFIELD SIGN
WITH CONCRETE BASE EA 2

47 L-125-5.5 NEW SIZE 2, 2 MODULE AIRFIELD
GUIDANCE SIGN WITH CONCRETE BASE EA 1
$ $
48 L-125-5.6 NEW SIZE 2, 3 MODULE AIRFIELD
GUIDANCE SIGN WITH CONCRETE BASE EA 1
$ $
49 L-125-5.7 NEW L-849I STYLE E REIL (PAIRED UNITS
PER EACH RUNWAY END) EA 3
$ $
BID TOTAL: This Bid Total is the amount to compare all bidders.

Items 1 thru 48 inclusive of all work incidental thereto and connect therewith

BID TOTAL: $ ______________________________

BID WRITTEN OUT

The bid prices given are to be considered current and future for this project. No escalation of the bid prices shown above, including the Unit Price, Bid Amount and Total Bid amount will be considered through the life of the project. No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

A.10.d
Packet Pg. 540

EXHIBIT 2 Contractor’s Bid 31

Price, Bid Amount and Total Bid amount will be considered through the life of the project.

No escalation of prices due to economic conditions of the material suppliers, subcontractors and contractor will be considered.

Care has been taken to include all construction as described in the Contract Documents as Bid Items.

For any structure, fitting, accessory, etc. that is not clearly included in a bid item, the Contractor shall include it as a part of the most appropriate bid item.

______________________________________
Name and Title of Bidder

________________________________
Company

All bids will be compared on the basis of the Engineer's Estimate of the quantities of the work to be done for the combination of base selected.

The “Base Bid Total” number will be compared to determine basis of bid and lowest responsive bidder. Add Alternates as shown in the plans and specifications may be added to project at the time of award in the order directed by the City Council of the City of Hollister. The City Council of the City of Hollister reserves the right to add all, some or no Add Alternates during award of the project.

The undersigned has checked carefully all of the above figures and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

In case of a discrepancy between a unit price and the corresponding bid amount, the unit price shall prevail.

Bidder acknowledges receipt of addendum below by placing their initials next to those numbers that they have received.

Addendum No. 1 ______ Addendum No. 3 ______

Addendum No. 2 ______ Addendum No. 4 ______

The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder.

The City reserves the right to reject any and all bids and to waive any informality or irregularity in bids received. It is agreed that this bid may not be withdrawn for a period of sixty (60) days from the opening thereof.

The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.

The names of all persons interested in the foregoing proposal as principals are as follows:

NOTE: If the bidder or other interested person is a corporation state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last name in full.

A.10.d
Packet Pg. 541

EXHIBIT 2 Contractor’s Bid 32

Bidder presently possesses the following license(s) (please state class and License number for each class)

and/or will
possess the class required by the contract specifications at the time of contract award.

Contractor’s DIR #

_________________________________ Signature of Bidder

NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation: If bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contract on behalf of the co-partnership and if bidder is an individual, his signature shall be placed above.

Business Address: Business Phone:________________________

Email Address:_____________________________

Dated: , 20__

The estimate of construction quantities hereinbefore set forth is approximate only, being given as a basis for the comparison of bids and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the City.

If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to furnish bonds as provided in said specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from said City that the contract is ready for signature, the City may at its option, determine that the bidder has abandoned the contract, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City.

Enclosed find cash, certified check, cashier’s check or bidder's bond which is not less than ten per cent (10%) of this bid, payable to the City Clerk and which is given as a guarantee that the undersigned will enter into the contract if awarded the work.

A.10.d
Packet Pg. 542

EXHIBIT 2 Contractor’s Bid 33
Bid Bond

KNOW ALL MEN BY THESE PRESENTS,

That___________________________________________________________________ as Principal, and

_______________________________________________ as Surety, are held and firmly bound unto the

City of Hollister, hereinafter called the "City" in the sum of _________________________________

_______________________________________________________________________________ dollars (not less than 10 percent of the total amount of the bid)

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.

WHEREAS, surety is an insurer admitted to transact surety insurance in the State of California, and

WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the bidding schedule of the City's Contract Documents entitled:

Runway 6 Safety Improvement Project
A.I.P. No.: 3-06-0105-26

NOW THEREFORE, if said Principal is awarded the contract by said City, and, within the time and in the manner required in the “Instructions to Bidders” enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond, Payment Bond, Maintenance Bond, insurance certificates, and all other endorsements, forms and documents required under the “Instructions to Bidders,” then this obligation shall be null and void, otherwise it shall remain in full force and effect.

In the event suit is brought upon this bond by said City and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this ______________________ day of _________________________, 20_____

Principal_________________________

By______________________________

Title___________________________

Surety___________________________

By______________________________

Title____________________________

(SEAL AND NOTARIAL

ACKNOWLEDGMENT

OF SURETY)
A.10.d
Packet Pg. 543

EXHIBIT 2 Contractor’s Bid 34
Bidder’s Statement of Financial Responsibility, Technical Ability and Experience
(This form must be completed and submitted with this Bid) The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references which will enable the City Council to judge his/her responsibility, experience, skill and business standing.

The undersigned submits herewith a statement of his/her financial responsibility.

The undersigned submits below a statement of the work of a similar character to that included in the Proposed Contract which he/she has successfully performed. (Include the type of work, name, and phone number of all references).

TYPE NAME PHONE NUMBER

SIGNED
(SIGNATURE IN BLUE INK)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s)

A.10.d
Packet Pg. 544

EXHIBIT 2 Contractor’s Bid 35

Insurance Certification
(This certification shall be completed and submitted with the proposed Bid)

By signing below I hereby certify that ____________________________________________ (Insert company name)
is currently insured by an insurance company that is an “Authorized” carrier by the Insurance Commissioner of the California State Department of Insurance to transact the business of insurance in the State of California, and shall be written by insurers with a current A.M. Best Rating of “A-“ or better, and a financial size of “VII” or greater. Said insurance will expire on

I further hereby certify that, as the signer of this Bid proposal, I have read and understand the City’s insurance requirements as described in the section entitled “Certificate of Insurance” within these specifications and that proof of insurance will be required before the Public Works contract is recommended for award. Such proof shall be provided on an ISO Accord 25(s) from and an endorsement naming the City of Hollister as additionally insured is on the ISO CG 20 10 11 85 form or any other comparable endorsement, which does not further limit coverage, and which may be approved and accepted by the City’s Risk Management staff.

(Print Name)

Signature of Bidder:
(Signature in Blue Ink) (Date)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s)

A.10.d
Packet Pg. 545

EXHIBIT 2 Contractor’s Bid 36
Public Contract Code Section 10285.1 Statement

(This form shall be completed and submitted with this Bid)

In conformance with the Provisions in the 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 3 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 term “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 shall place a check mark after “has” or “has not” in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal 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.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

A.10.d
Packet Pg. 546

EXHIBIT 2 Contractor’s Bid 37

Contractor’s Certification of Nonsegregated Facilities

FEDERALLY ASSISTED PROJECTS

(This form shall be completed and submitted with this Bid)

The federally-assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally-assisted construction contractor certifies that he will not maintain or provide, for his employees, segregated facilities at any of his establishments and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The federally-assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or any other reason.

The federally-assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, and that he will retain such certifications in his files.

Certification: The information above is true and complete to the best of my knowledge and belief.

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. Section 1001.

Date , 20
(Name of Bidder)

Official Address (including ZIP Code): By: _______________________________ (signature in blue ink)

(Title)
________________________________

A.10.d
Packet Pg. 547

EXHIBIT 2 Contractor’s Bid 38

A.10.d
Packet Pg. 548

EXHIBIT 2 Contractor’s Bid 39
Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
(This form shall be completed and submitted with this Bid)

To the CITY OF HOLLISTER
In accordance with Title 23 United States Code Section 112, the Bidder hereby states, under penalty of perjury, that he/she has not, either directly or indirectly, entered into any agreement participated in any collusion, or otherwise taken any action in restraint of free competitive Bidding in connection with this Contract. And Public Contract Code 7106 the Bidder 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, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and shall 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.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

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

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED___ __________________________
(signature in blue ink)

A.10.d
Packet Pg. 549

EXHIBIT 2 Contractor’s Bid 40
Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s). 12-4-89 A.10.d
Packet Pg. 550

EXHIBIT 2 Contractor’s Bid 41
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

(This form shall be completed and submitted with this Bid)

The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of City Engineer, 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 judgment 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 shall not necessarily result in denial of award, but shall 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 Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

A.10.d
Packet Pg. 551

EXHIBIT 2 Contractor’s Bid 42
Local Assistance Procedures Manual
EXHIBIT 12-E
PS&E Checklist Instructions
Attachment E

Debarment and Suspension Certification

TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

(This form shall be completed and submitted with this Bid)

The Bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of City Engineer, 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 judgment 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 shall not necessarily result in denial of award, but shall 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 Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

A.10.d
Packet Pg. 552

EXHIBIT 2 Contractor’s Bid 43
Nonlobbying Certification for Federal-Aid Contracts

(This form shall be completed and submitted with this Bid)

The prospective participant certifies, by signing and submitting this Bid or Proposal, to the best of his/ her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension continuation, renewal, amendment, or modification of any Federal Contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard For-LLL, “Disclosure of Lobbying Activities”, in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Provisions in Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his/her Bid or Proposal that he/she shall require that the language of this certification be included in all lower tier Subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

12-4-89

A.10.d
Packet Pg. 553

EXHIBIT 2 Contractor’s Bid 44
Buy American Certification
(Title 49 U.S.C. Section 50101)

(This certification shall be completed and submitted with the proposed bid)

PROJECT NAME:

AIRPORT NAME:

AIP NUMBER:

This solicitation and any resulting contract are subject to the Buy America requirements of 49 U.S.C. Section 50101.

The bidder certifies it and all associated subcontractors will comply with the Buy American preferences established under Title 49 U.S.C. Section 50101 as follows:

U.S.C. Section 50101 - Buying goods produced in the United States (a) Preference. - The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States.
(b) Waiver. - The Secretary may waive subsection (a) of this section if the Secretary finds that - (1) Applying subsection (a) would be inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(3) When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title - A. The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and
B. Final assembly of the facility or equipment has occurred in the United States; or (4) Including domestic material will increase the cost of the overall project by more than 25 percent. (c) Labor Costs. - In this section, labor costs involved in final assembly are not included in calculating the cost of components.

* * * * * * *

As a matter of bid responsiveness, the bidder or offeror must complete and submit this certification with their bid proposal. The bidder must sign and date the certification. The bidder/offeror must indicate how they propose to comply with the Buy America provision by selecting one of the following certification statements.

 The bidder hereby certifies that it will comply with Title 49 U.S.C Section 50101(a) by only installing steel and manufactured products produced in the United States of America.

The bidder further agrees that if chosen as the apparent low bid, it will submit documentation to the owner that demonstrate all steel and manufactured products are 100% manufactured in the United States.
 The bidder hereby certifies that it cannot fully comply with the Buy America preferences of Title 49 U.S.C Section 50101(a); bidder therefore requests a waiver per Title 49 U.S.C Section 50101(b) subject to the following conditions:

- For equipment and material the FAA has already issued a waiver to AIP Buy American preferences as indicated on the current FAA Buy American conformance list, bidder shall submit a listing of specific equipment and material it proposes to install on the project prior to the issuance of a Notice-to-Proceed.

A.10.d
Packet Pg. 554

EXHIBIT 2 Contractor’s Bid 45

- For equipment and material the FAA has not previously issued a waiver to Buy American preferences, the bidder identified with the apparent low bid agrees to prepare and submit to the owner a waiver request and component calculation information within 15 calendar days of the date of the notice of apparent award of contract.

______________________________________________ ___________________ Bidder’s Firm Name Date

_______________________________________________
Signature

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s).

A.10.d
Packet Pg. 555

EXHIBIT 2 Contractor’s Bid 46
Race-Neutral Disadvantaged Business Enterprise Utilization

The bidder is committed to ____% DBE utilization on this project.

Contractor

State Registration No.

By
(Signature) (Title)

Address

Phone No. Zip Code

A.10.d
Packet Pg. 556

EXHIBIT 2 Contractor’s Bid 47
Trade Restriction Clause - 49 CFR Part 30
(VERSION 1, 1/5/90)

The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it:

(a) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR);

(b) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list;

(c) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the contract at no cost to the Government.

Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous.

The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct, through the Sponsor, cancellation of the contract or subcontract for default at no cost to the Government.

A.10.d
Packet Pg. 557

EXHIBIT 2 Contractor’s Bid 48

Certification Regarding Foreign Trade Restrictions (Continued)

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

DATE ______________________________ SIGNED BY ______________________________

A.10.d
Packet Pg. 558

EXHIBIT 2 Contractor’s Bid 49
Letter of Intent

Name of Bidder’s Firm:

Bidder’s Address:

City: State Zip

Name of DBE Firm:

Address:

City: State Zip

Telephone: Area Code

State DBE Certification Number:

Description of work to be performed by DBE firm:

Bidder intends to utilize the above-named DBE firm for the work described above. The estimated amount of work is valued at $_____________________.

If the above-named bidder is not determined to be the successful bidder, the Letter of Intent shall be null and void.

(Copy this page for each DBE subcontractor.)

A.10.d
Packet Pg. 559

EXHIBIT 2 Contractor’s Bid 50
Designation of Subcontractor

In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each bidder shall set forth below the name and location of the mill, shop or office of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications and the portion of the work which will be done by each Subcontractor.

If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, but only after a finding, reduced in writing, as a public record of the City.

NAME, PHONE NUMBER, AND PLACE OF BUSINESS

OF SUBCONTRACTOR

SUBCONTRACTOR

LICENSE CLASS &
NUMBER

PORTION OF WORK TO BE

DONE (BY ITEM NUMBER &

PERCENTAGE)

1. ______________________________________
______________________________________
______________ ____________________

2. ______________________________________
______________________________________
______________ ____________________

3. ______________________________________
______________________________________
______________ ____________________

4. ______________________________________
______________________________________
______________ ____________________

5. ______________________________________
______________________________________
______________ ____________________

6. ______________________________________
______________________________________
______________ ____________________

7. ______________________________________
______________________________________
______________ ____________________

8. ______________________________________
______________________________________
______________ ____________________

9. ______________________________________

______________ ____________________
A.10.d
Packet Pg. 560

EXHIBIT 3 Instructions to Bidders 51

EXHIBIT 3
Instructions to Bidders
A.10.d
Packet Pg. 561

EXHIBIT 3 Instructions to Bidders 52

INSTRUCTIONS TO BIDDERS

A) GENERAL INFORMATION
The City of Hollister, California, will receive at the office of its City Clerk, 375 Fifth Street, Hollister, California until 3:00 pm on February 22, 2023, at which time they will be publicly opened and read, SEALED PROPOSALS WITH “Runway 6 Safety Improvement Project, A.I.P. No: 3-06- 0105-26” CLEARLY LABELED ON THE OUTSIDE FOR THE PERFORMANCE OF THE DESCRIBED WORK:

Said bids will be referred to and considered by the city council within One-hundred and twenty (120) calendar days from said bid opening date.

B) PROPOSAL FORMS
All proposals must be made upon the “Schedule of Proposal” contained within the specifications.

All proposals must give the prices proposed in figures and must be signed by the bidder with his address. If the proposal is made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under which laws of the corporation was chartered and the names, titles and business addresses of the president, secretary and treasurer.

C) BIDDER'S GUARANTY AND RETURN OF GUARANTY
All bids must be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond made payable to the City Clerk of the City of Hollister, for an amount equal to at least ten percent (10%) of the said bid and no bid shall be considered unless such cash, cashier's check or bidder's bond shall become payable to the City of Hollister in case the bidder depositing same does not within ten (10) days after written notice that the contract has been awarded enter into a contract with the City. All certified or cashier's checks will be deposited pending award of contract. Return of deposited certified or cashier’s checks will take approximately 30 days from award of contract.

Bidders' bonds shall be issued by Sureties that conform to Subsection 2-4 CONTRACT BONDS of the City of Hollister Standard Specifications.

Upon request of the bidder, the City of Hollister will return the proposal guarantees accompanying such of the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany upon request.

D) CONTRACT BONDS
Contract Bonds shall be provided in accordance with Subsection 2-4 Contract Bonds of the City of Hollister Standard Specifications. The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a labor and material bond and a faithful performance bond, each equal in amount to one hundred percent (100%) of the total bid price; said bonds shall be secured by a surety satisfactory to the City. The faithful performance bond shall be made effective for a period of one (1) year after date of acceptance of the work guaranteeing the prompt correction of faulty workmanship and the replacement of defective materials. Bonds shall contain provisions to make them enforceable by the City. Said bonds shall contain a provision that the surety thereon waives the provisions of Section 2819 of the Civil Code of the State of California.

A.10.d
Packet Pg. 562

EXHIBIT 3 Instructions to Bidders 53

In lieu of said faithful performance bond for maintenance, the Contractor may furnish a maintenance bond in the amount of 10% of the total contract price to cover the one year warranty period.

Whenever any surety or sureties on any bonds, or on any bonds required by law for the protection of the claims or laborers and materials men, become insufficient, or the City of Hollister has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done.

Thereafter no payment shall be made upon such contract or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.

E) REJECTION OF PROPOSALS CONTAINING ALTERATIONS,

ERASURES OR IRREGULARITIES
Proposals may be rejected if they show any alteration of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities in the proposal.

The right is reserved to reject any and all proposals and to waive any informalities or irregularities in the proposal.

F) AWARD OF CONTRACT
The award of the contract, if it is awarded, will be made within One-hundred and twenty (120) calendar days after the opening of the proposals.

G) EXECUTION OF CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) days after the bidder has received notice that the contract has been awarded.

No proposal shall be considered binding upon the City until the execution of the contract.

Failure to execute a contract and file acceptable bonds as provided herein within ten calendar days after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

H) STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the latest City of Hollister standard specifications, which shall be referred to as the “Standard Specifications” and any amendments thereto. Incorporated into the “Standard Specifications” are the latest edition and supplement, in effect at the time of advertisement of the work for bid, of the Southern California APWA “Standard Specifications for Public Works Construction” which shall be referred to as the “Green Book”.

Contractor work hours shall be in accordance with the Construction Phasing Plans

The APWA Green Book Specifications may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 202-7775.

The latest edition of the “CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS, REVISION 3”, as issued by CALTRANS, are hereby incorporated into these specifications.

A.10.d
Packet Pg. 563

EXHIBIT 3 Instructions to Bidders 54

I) SUPPLEMENTAL PLANS AND SPECIFICATIONS
A portion of the work herein shall be completed in accordance with the Standard Plans and Specifications as published by the State of California, Department of Transportation (Caltrans), latest edition. Only those items which call out to be installed per Caltrans Specifications shall utilize said supplemental specifications. Sections 1 through 9 of these Caltrans Specifications shall be omitted in its entirety.

J) EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL

PROVISIONS, AND SITE OF WORK
The bidder is required to examine carefully the sites of, and the proposal, plans, specifications, and contract forms for, the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications and the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that he has done so.

K) WORKERS' COMPENSATION INSURANCE
Attention is directed to subsection 7-4 WORKERS' COMPENSATION INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.3 of the Green Book. Before the Contract is entered into, the Bidder to whom it is awarded shall comply with the provisions of Subsection 7-4 WORKERS' COMPENSATION INSURANCE and Section 5-4.3 of the Green Book.

L) LIABILITY INSURANCE
Attention is directed to Subsection 7-3 LIABILITY INSURANCE of the City of Hollister Standard Specifications, and Section 5-4.2 of the Green Book. Before the Contract is entered into, the bidder to whom it is awarded shall comply with the provisions of Subsection 7-3 LIABILITY INSURANCE, and Section 5-4.2 of the Green Book. Where limits of liability conflict, the limits stated in the Green Book shall prevail.

M) PREVAILING WAGES APPLICABLE
Notice is hereby given that, pursuant to Section 1773 of the Labor Code of the State of California, the City has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holidays and overtime work for each craft, classification, or type of workman required to execute the contract. A copy of said prevailing rate of per diem wages is on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said prevailing rate of per diem wages will be made available to any interested party upon request, and a copy thereof shall be posted at the job site.

N) DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION
In accordance with California Labor Code Section 1725.5, Contractors and Subcontractors (as defined by California Labor Code Section 1722.1) bidding on Public Works contracts in California shall be registered with the Department of Industrial Relations prior to bidding.

Prior to award of contract, Contractor shall provide proof of on-line registration with the Department of Industrial Relations, including listed Subcontractors, by submitting a copy of the DIR database of registered Public Works Contractors, which display Contractor/Subcontractors’ legal name, A.10.d
Packet Pg. 564

EXHIBIT 3 Instructions to Bidders 55
registration number, license type/number(s), registration date, and expiration date. Proof of DIR registration is not required to be submitted with the Bid.

O) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND

SUBMITTED WITH BID
In accordance with Public Contract Code 7106 the attached “Noncollusion Declaration is to be Executed by Bidder and Submitted with Bid document.

P) HOURS OF CONSTRUCTION
City of Hollister Municipal Code section 17.16.100 “Noise”, hours of construction limits do not apply for this Project.

A.10.d
Packet Pg. 565

EXHIBIT 4 Statement of Work 56
EXHIBIT 4
Statement of Work
A.10.d
Packet Pg. 566

EXHIBIT 4 Statement of Work 57

STATEMENT OF WORK

A) LOCATION
The work to be performed is located within the boundaries of the Hollister Municipal Airport.

B) DESCRIPTION OF WORK
The work to be performed includes: removal of the existing in-line taxiway preceding Runway 6, the demolition of a section of the existing Taxiway ‘C’ pavement, and the construction of a new connector taxiway at Runway 6 threshold. The project also includes:
airfield electrical improvements for the new connector taxiway with mandatory guidance signage, relocation of the existing runway end lights and REIL’s, grading and drainage, stormwater water treatment, and pavement markings.

C) CONTRACT DOCUMENTS
Contractor will be provided with one full PDF of the drawings and specifications/Project Manual. No hard copy sets will be provided to the Contractor.

D) FIELD MEASUREMENT
The Contractor shall do all surveying deemed necessary by the Contractor, for the location and verification of control points and temporary bench marks. The Contractor shall be responsible for construction surveying to determine line and grade for the work.

E) TIME FOR COMPLETION
The Contractor shall begin work within ten (10) days after the written “Notice to Proceed”.

The work shall be diligently prosecuted to completion before the expiration of 120 Calendar Days for Mobilization and Procurement of Materials plus 90 Calendar Days for Phases 1 and 2
from the date of Notice to Proceed. The date of the notice to proceed shall constitute day one (1) of the construction time allowed.

Contractor shall provide a project schedule at the construction kick-off meeting.

F) REGISTRATION OF CONTRACTORS
As stated in Notice Inviting Sealed Bids.

G) DELETION OF CONSTRUCTION ITEMS
The City reserves the option to delete any item or items of construction in entirety without penalty. Section 2, “Scope of Work” of the Standard Specifications shall not apply.

A.10.d
Packet Pg. 567

EXHIBIT 5 Items of Construction 58
EXHIBIT 5
Items of Construction
A.10.d
Packet Pg. 568

EXHIBIT 5 Items of Construction 59

ITEMS OF CONSTRUCTION

Payment on all items listed in the Proposal shall include furnishing all materials, labor, tools, fittings, accessories, demolition, salvage, grading and drainage, trenching, pipe and structure installation, backfill and compaction, and equipment necessary to perform the work as specified herein. All work is paid for through corresponding bid items and no additional compensation shall be provided.

All items of work shall conform to the FAA Technical Specifications Parts 1 through 13 inclusive, the Plans, and the Construction Safety Phasing Plan (CSPP).

A.10.d
Packet Pg. 569

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 60
EXHIBIT 6
Contract Documents/Forms to be
Submitted to the City within 5
Working Days after Bid Opening Date
A.10.d
Packet Pg. 570

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 61

CONTRACT DOCUMENTS/FORMS TO BE SUBMITTED TO THE CITY
(WITHIN 5 WORKING DAYS AFTER BID OPENING DATE)
Bidder’s Statement of Subcontractors – Part II
(This information may be submitted with your Proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it shall be submitted and received by the City no later than 5 working days after Bid opening date)
The undersigned submits herewith a list of Subcontractors whom he/she proposes to employ on the work, with the proper firm name and business address of each.

If no list submitted, it shall be assumed that the Contractor shall do all the work as specified.

No Subcontractors, other than those listed in Bidders Statement of Subcontractors – Part I, shall be allowed to perform work under this Contract. Substituting a Subcontractor in place of a Subcontractor listed in the original Bid is prohibited, violators, may at the Agency’s discretion, result in cancellation of the Bid.

The Contractor and all Subcontractors shall have valid Contractor’s licenses for the classification of work performed, prior to submittal or award of Bid. All prospective Contractors may use the website
https://www2.cslb.ca.gov/OnlineServices/CheckLicense/LicenseRequest.asp to check each Subcontractor’s license status and expiration dates.

Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
A.10.d
Packet Pg. 571

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 62

Contractor shall provide all Subcontractor information requested above.

A.10.d
Packet Pg. 572

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 63

Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Subcontractor: __________________________________________ License No./State: _________________ Address: _________________________________ City: _______________________ Zip: _____________ Description of Work: _______________________________________________________________________ Telephone: ________________ Fax: ________________ e-mail Address: _____________________________ Bid Item No. & % of each: ___________________________________________________________________ DBE: Yes No
Contractor shall provide all Subcontractor information requested above.

A.10.d
Packet Pg. 573

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 64

SIGNED:

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s) A.10.d
Packet Pg. 574

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 65

Equal Employment Opportunity Certification
(This information may be submitted with your Proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it shall be submitted and received by the Engineering Department no later than 5 working days after Bid opening date.)

The Bidder_______________________________________________________________________, proposed Subcontractor_______________________________________________, hereby certifies that he/she 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/she 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 shall be submitted by Bidders and proposed Subcontractors only in connection with Contracts and Subcontracts which are subject to the equal opportunity clause.

Contracts and Subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only Contracts or Subcontracts of $10,000 or under are exempt.)

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

Proposed prime Contractors and Subcontractors who have participated in 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.

I declare under penalty or perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED_____________________________
(signature in blue ink)

Attach Notary Acknowledgment if signature is not the same as the Proposal signature(s). 12-4-89

A.10.d
Packet Pg. 575

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 66

Affirmative Action Form

The City of Hollister has adopted a policy designed to encourage minority and women participation in the contractor's workforce. Certain construction contracts will require submission of an Affirmative Action Plan to be submitted by the apparent successful bidder (low bidder) and the second low bidder within five (5) working days from the date of bid opening. The City is available to advise bidders of the form and content of the Affirmative Action Plan. Contracts estimated by the City to cost $250,000 or more require the successful bidder to provide an Affirmative Action Plan.

City of Hollister
Engineering Department
375 Fifth Street
Hollister, CA 95023

1. Firm Name

2. Street Address City State Zip

3. Mailing Address City State Zip

4. Telephone

5. Composition of Ownership

Is this business owned and Is this business owned and managed managed by a female? (If yes, by a minority? (If yes, indicate must be at least 51% female below the percent of ownership) owned) ____yes ____no ____yes ____no

Percent of Ownership: White____ Black____ Hispanic____ Asian/Pacific Islander____
American Indian/Alaskan Native____

6. Name of person responsible for affirmative action in your firm

A.10.d
Packet Pg. 576

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 67

________________________________________ Phone______________________ A.10.d
Packet Pg. 577

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 68

Declaration

The undersigned declares that the foregoing statements are true and correct and include all material information necessary to identify and explain the operations and ownership of:

Name of Firm

The undersigned understands that in accordance with California Law any person through its directors, officers, or agents that falsely represents a business as a women or minority business enterprise in an attempt to procure contracts is subject to fine or imprisonment.

The undersigned agrees to inform the City of Hollister of any changes to the information contained herein, particularly changes in ownership, controlling interest, or operations while under contract with the County.

The undersigned does further certify that the above-named firm shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, national origin, or because they are disabled, or veteran of the Vietnam era, and shall comply with all applicable provisions of state and federal requirements regarding equal employment opportunity, affirmative action reporting and compliance programs, utilization of minority business enterprise and subcontractor programs.

Executed at_______________________________, on__________________________________.

By______________________________________________Title__________________________

A.10.d
Packet Pg. 578

EXHIBIT 6 Contract Documents/Forms to be Submitted to the City within 5 Working Days after Bid Opening Date 69

Bidder’s List
for
The City of Hollister

(This information may be submitted with your proposal. If it is not, and you are the apparent low Bidder or the second low Bidder, it must be submitted and received by the Engineering Department no later than 5 working days after Bid opening date.)
All Bidders are required to provide the following information for all DBE and non-DBE contractors, who provided a proposal, Bid, quote, or were contacted by the proposed prime.

This information is also required from the proposed prime contractor, and must be submitted with their Bid/proposal. In order for the City of Hollister to conform with Federally-Mandated DBE Program Bidders List, it will use this information to maintain and update a “Bidders List" to assist in the overall annual goal DBE goal setting process.

Firm Name: Phone:

Address: Fax:

License No.:

Exp. Date:

Contact Person & Title: No. of Years in Business:

Is the firm currently certified as a DBE under the new regulations (49 CFR Part 26)? Yes No Type of work/services/materials provided by firm: ___________________________________ __________________________________________________________________________ What was you firm’s Gross Annual receipts for last year? Less than $1 Million
Less than $5 Million
Less than $10 Million
Less than $15 Million
More than $15 Million

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

SIGNED:

This form may be copied as needed to report all Bidders (DBEs and non-DBEs) information.

Revision Date 03/19/03
A.10.d
Packet Pg. 579

EXHIBIT 7 AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS 70

EXHIBIT 7

AIRPORT IMPROVEMENT

PROGRAM REQUIREMENTS
A.10.d
Packet Pg. 580

EXHIBIT 8 General Conditions 71

AIRPORT IMPROVEMENT PROGRAM REQUIREMENTS
General Labor Requirements
for All Contracts and Subcontracts
a) Airport Improvement Program (AIP) Project
The work in this contract is included in the AIP Project which is being undertaken and accomplished by the OWNER in accordance with the terms and conditions of a grant agreement between the OWNER and the United States under the Airport and Airway Safety and Capacity Expansion Act of 1987, pursuant to which the United States has agreed to pay a certain percentage of the costs of the project that are determined to be allowable project costs under that Act. The United States is not a party to this contract and no reference in this contract to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the contract, makes the United States a party to this contract.

b) Consent to Assignment
The contractor shall obtain the prior written consent of the owner to any proposed assignment of any interest in or part of this contract.

c) Convict Labor
No convict labor may be employed under this contract.

d) Veteran's Preference
In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub-tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates.

e) Withholding, Sponsor from Contractor
Whether or not payments or advances to the owner are withheld or suspended by the FAA, the owner may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor on the work the full amount of wages required by this contract.

f) Nonpayment of Wages
If the contractor or subcontractor fails to pay any laborer or mechanic employed or working on the site of the work any of the wages required by this contract owner may, after written A.10.d
Packet Pg. 581

EXHIBIT 8 General Conditions 72
notice to the contractor, take such action as may be necessary to cause the suspension of any further payment or advance of funds until the violations cease.

g) FAA Inspection and Review
The contractor shall allow any authorized representative of the FAA to inspect and review any work or materials used in the performance of this contract.

h) Subcontracts
The contractor shall insert in each of his subcontracts the provisions contained in paragraphs a, c, d, e, f, and g of this section, and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts they may in turn be made.

i) Contract Termination
A breach of paragraphs f, g, and h of this section may be grounds for termination of the contract.

A.10.d
Packet Pg. 582

EXHIBIT 8 General Conditions 73
Miscellaneous Clause Requirements For All Construction Contracts and Subcontracts
a) Federal Fair Labor Standards Act (Federal Minimum Wage) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers.

The contractor has full responsibility to monitor compliance to the referenced statute or regulation. The contractor must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor – Wage and Hour Division. b) General Civil Rights Provisions
The contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This provision binds the contractor and subtier contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964.
c) Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:
(i) Compliance with Regulations
The contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts And Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (ii) Non-discrimination
The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. d) Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin.
e) Information and Reports
A.10.d
Packet Pg. 583

EXHIBIT 8 General Conditions 74
The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts And Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
f) Sanction for Noncompliance
In the event of a contractor’s noncompliance with the Non-discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the contractor under the contract until the contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part. g) Incorporation of Provisions
The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

A.10.d
Packet Pg. 584

EXHIBIT 8 General Conditions 75
Title VI List of Pertinent Nondiscrimination Authorities During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
· Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); · 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); · The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); · Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; · The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
· Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
· The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
· Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
· The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); · Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
· Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have A.10.d
Packet Pg. 585

EXHIBIT 8 General Conditions 76
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); · Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

Breach of Contract Terms
Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

The Owner will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the contract. The Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Contractor must correct the breach. Owner may proceed with termination of the contract if the Contractor fails to correct the breach by deadline indicated in the Owner’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

Termination of Contract
a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services must be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price will be made, but no amount will be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor is liable to the Sponsor for any additional cost occasioned to the Sponsor thereby.
d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination will be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price will be made as provided in paragraph 2 of this clause.
e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

Clean Air and Water Pollution Control
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to A.10.d
Packet Pg. 586

EXHIBIT 8 General Conditions 77
the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery. The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

Rights to Inventions
Contracts or agreements that include the performance of experimental, developmental, or research work must provide for the rights of the Federal Government and the Owner in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14.

Contractor must include this requirement in all sub-tier contracts involving experimental, developmental or research work.

Access to Records and Reports
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

A.10.d
Packet Pg. 587

EXHIBIT 8 General Conditions 78
Clauses for Construction Contracts and Subcontracts
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the sponsor, the Federal Aviation Administration, and the Comptroller General of the United States or any of their duly authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

Contract Workhours and Safety Standards Act Requirements (1) Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above.
(3) Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration or the Sponsor 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 monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above.

A.10.d
Packet Pg. 588

EXHIBIT 8 General Conditions 79
(4) Subcontractors.

The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.

Occupational Safety and Health Act Of 1970
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Contractor must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Contractor retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Contractor must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration.

Requirement Federal Agency with Enforcement
Responsibilities
Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor – Occupational Safety and Health Administration

Davis-Bacon Requirements
(1) Minimum Wages
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) A.10.d
Packet Pg. 589

EXHIBIT 8 General Conditions 80
of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, A.10.d
Packet Pg. 590

EXHIBIT 8 General Conditions 81
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.
(2) Withholding
The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead A.10.d
Packet Pg. 591

EXHIBIT 8 General Conditions 82
the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the Federal Aviation Administration, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR §

5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the sponsor, the Federal Aviation Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant or owner, A.10.d
Packet Pg. 592

EXHIBIT 8 General Conditions 83
take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and Trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every A.10.d
Packet Pg. 593

EXHIBIT 8 General Conditions 84
trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
(1) Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
(2) Contract Termination: Debarment
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(3) Compliance with Davis-Bacon and Related Act Requirements All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (4) Disputes Concerning Labor Standards
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes A.10.d
Packet Pg. 594

EXHIBIT 8 General Conditions 85
within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(5) Certification of Eligibility
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Copeland “Anti-Kickback” Act
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration United States Department of Labor Wage and Hours Division can provide information regarding any specific clauses or assurances pertaining to the Copeland “Anti- Kickback” Act requirements required to be inserted in solicitations, contracts or subcontracts.

Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identify or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

A.10.d
Packet Pg. 595

EXHIBIT 8 General Conditions 86
(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(4) he contractor 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 . (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Standard Federal Equal Employment Opportunity Construction Contract Specifications

1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; A.10.d
Packet Pg. 596

EXHIBIT 8 General Conditions 87
c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes:
(1) (Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) (Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) (Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) (American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered A.10.d
Packet Pg. 597

EXHIBIT 8 General Conditions 88
construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. 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 either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. 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 shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the A.10.d
Packet Pg. 598

EXHIBIT 8 General Conditions 89
contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and A.10.d
Packet Pg. 599

EXHIBIT 8 General Conditions 90
female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. 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 EEO policy and the contractor's obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established.

The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

A.10.d
Packet Pg. 600

EXHIBIT 8 General Conditions 91

10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, 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 an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

Disadvantaged Business Enterprise
Contract Assurance (§ 26.13) - The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT A.10.d
Packet Pg. 601

EXHIBIT 8 General Conditions 92
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 recipient deems appropriate.

Prompt Payment (§26.29) - The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the City of Hollister. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Hollister. This clause applies to both DBE and non-DBE subcontractors.

Energy Conservation Requirements
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201et seq).

Prohibition of Segregated Facilities
(a) The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.
(b) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.

Procurement of Recovered Materials
Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247. In the performance of this contract and to the extent practicable, the Contractor and subcontractors are to use of products containing the highest percentage of recovered materials for items designated by the Environmental Protection Agency (EPA) under A.10.d
Packet Pg. 602

EXHIBIT 8 General Conditions 93
40 CFR Part 247 whenever:
a) The contract requires procurement of $10,000 or more of a designated item during the fiscal year; or,
b) The contractor has procured $10,000 or more of a designated item using Federal funding during the previous fiscal year.

The list of EPA-designated items is available at
www.epa.gov/epawaste/conserve/tools/cpg/products/ .

Section 6002(c) establishes exceptions to the preference for recovery of EPA-designated products if the contractor can demonstrate the item is:
a) Not reasonably available within a timeframe providing for compliance with the contract performance schedule;
b) Fails to meet reasonable contract performance requirements; or c) Is only available at an unreasonable price.

Termination for Convenience
The Owner may terminate this contract in whole or in part at any time by providing written notice to the Contractor. Such action may be without cause and without prejudice to any other right or remedy of Owner. Upon receipt of a written notice of termination, except as explicitly directed by the Owner, the Contractor shall immediately proceed with the following obligations regardless of any delay in determining or adjusting amounts due under this clause:

1. Contractor must immediately discontinue work as specified in the written notice.

2. Terminate all subcontracts to the extent they relate to the work terminated under the notice.

3. Discontinue orders for materials and services except as directed by the written notice.

4. Deliver to the owner all fabricated and partially fabricated parts, completed and partially completed work, supplies, equipment and materials acquired prior to termination of the work and as directed in the written notice.

5. Complete performance of the work not terminated by the notice.

6. Take action as directed by the owner to protect and preserve property and work related to this contract that Owner will take possession.

Owner agrees to pay Contractor for:

A.10.d
Packet Pg. 603

EXHIBIT 8 General Conditions 94
a) completed and acceptable work executed in accordance with the contract documents prior to the effective date of termination;
b) documented expenses sustained prior to the effective date of termination in performing work and furnishing labor, materials, or equipment as required by the contract documents in connection with uncompleted work; c) reasonable and substantiated claims, costs and damages incurred in settlement of terminated contracts with Subcontractors and Suppliers; and d) reasonable and substantiated expenses to the contractor directly attributable to Owner’s termination action.

Owner will not pay Contractor for loss of anticipated profits or revenue or other economic loss arising out of or resulting from the Owner’s termination action.

The rights and remedies this clause provides are in addition to any other rights and remedies provided by law or under this contract.

Contract Workhours and Safety Standards Act Requirements (1) Overtime Requirements.

No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages.

In the event of any violation of the clause set forth in paragraph (1) of this clause, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this clause, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this clause.
(3) Withholding for Unpaid Wages and Liquidated Damages.

The Federal Aviation Administration (FAA) or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to the Contract Work Hours and A.10.d
Packet Pg. 604

EXHIBIT 8 General Conditions 95
Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 of this clause.
(4) Subcontractors.

The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this clause.

Banning Texting When Driving
In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant.

In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project.

Seismic Safety
The contractor agrees to ensure that all work performed under this contract, including work performed by subcontractors, conforms to a building code standard that provides a level of seismic safety substantially equivalent to standards established by the National Earthquake Hazards Reduction Program (NEHRP). Local building codes that model their code after the current version of the International Building Code (IBC) meet the NEHRP equivalency level for seismic safety.

Davis-Bacon Prevailing Wage And Salary Range
The General Wage Decision Number: can be found at: https://sam.gov/wage-determination A.10.d
Packet Pg. 605

EXHIBIT 8 General Conditions 98

EXHIBIT 8
General Conditions
A.10.d
Packet Pg. 606

EXHIBIT 8 General Conditions 98

GENERAL CONDITIONS
SECTION 1 DEFINITIONS AND TERMS
G1.01 GENERAL. Whenever the following abbreviations and terms, or pronouns in place of them, appear in the Contract Documents, the intent and meaning shall be interpreted as provided in this Section 1. Working titles having a masculine gender, such as "workman" and "flagman" and the pronoun "he," are utilized for the sake of brevity, and are intended to refer to persons of either sex.

G1.02 DEFINITIONS. As used herein, unless the context otherwise requires, the following terms have the following meaning:

Acceptance: The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the Contract Documents.

Addenda: Written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.

Agents: The term "agents" means, in the case of the City, its Consulting Engineer, (if not the Engineer of the work and defined as the Engineer in the Contract Documents), the City Legal Counsel and others retained by the City to provide services associated with contract work.

As Approved: The words "as approved," unless otherwise qualified, shall be understood to be followed by the words "by the Engineer for conformance with the Contract Documents."

As-Built Drawings: Contract plans revised to reflect any modifications resulting during the construction phase and conditions found to differ from those shown on the contract plans.

As Shown; and As Indicated: The words "as shown" and "as indicated" shall be understood to be followed by the words "on the Contract Plans," "in the Specifications" or "by the Contract Documents" as appropriate.

Bidder: Any individual, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Caltrans: The Department of Transportation, Business & Transportation Agency, State of California.

City: The City of Hollister.

City Manager: The City Manager of the City.

City Clerk: The City Clerk of the City.

Contract Change Order: An order authorized by the City and issued to the contractor amending the Contract Documents. An "approved Contract Change Order" is an order signed by the Engineer or the City Manager. An "executed Contract Change Order" is an order signed by the Engineer or the City Manager and the Contractor.

Contract: The written agreement covering the performance of the work and the furnishing of labor, materials, tools and equipment in the construction of the work. The Contract shall include the Contract Documents, and any and all supplemental agreements. Supplemental agreements are A.10.d
Packet Pg. 607

EXHIBIT 8 General Conditions 99

written agreements covering alterations, amendments or extensions to the Contract and include contract change orders.

Contract Completion: The date the City accepts the entire work as being in compliance with the Contract Documents, or formally waives nonconforming work to the extent of nonconformity, and issues the final payment in accordance with Section 9 of these General Conditions.

Contract Documents: The Contract Documents consist of the Notice to Bidders; General Conditions; Special Provisions; Technical Specifications; Proposal (as accepted); Contract; Contract Drawings; Addenda; Change Orders and any other documents specified and required to be part of the Contract.

Contractor: The person or persons, firm, partnership, corporation or combination thereof, private or municipal, who enters into the Contract with the City. Requirements set out in the Contract Documents for the Contractor shall apply to all of the Contractor's agents, subcontractors and suppliers as applicable.

Contract Drawings: The official plans, profiles, cross sections, elevations, details, and supplemental drawings furnished by the Engineer, which show the locations, character, dimensions and details of the work to be performed. Contract Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents regardless of the method of binding. Also referred to as "Contract Plans," "Plans," and "Drawings."

Council or City Council: The City Council of the City of Hollister.

County: The County of San Benito.

Days: Unless otherwise designated, "days" will be understood to mean calendar days.

Engineer: The City's Director of Public Works or City Engineer, unless otherwise defined in the Special Provisions. The term may also include representatives or agents of the City acting in contract administration capacities such as a Resident Engineer or Inspector when such inclusion is appropriate such as in the context of a Notice of Potential Claim and Safety Requirements.

Engineer's Estimate: The list of estimated quantities of work to be performed as may be contained in the Proposal Form.

Federal Agencies: Whenever, in the Specifications, reference is made to any Federal agency or officer, such reference shall be deemed made to any agency or officer succeeding, in accordance with law, to the powers, duties, jurisdiction and authority of the agency or officer mentioned.

Field Changes/Directives: A document that records minor variations or changes in the plans and/or specifications, which minor variations do not affect the basic design, schedule, compensation or other material terms of the contract.

Fixed Costs: Any necessary labor, material and equipment costs directly expended on the item or items under consideration, which remain constant regardless of the quantity of the work done.

General Notes: The written instructions, provisions, conditions or other requirements appearing on the Contract Drawings, and so identified thereon, which pertain to the performance of the work.

Legal Holidays: Those days designated as State holidays by the Government Code or declared by A.10.d
Packet Pg. 608

EXHIBIT 8 General Conditions 100

the City Council.

Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City or to be deducted from any payments due or to become due the Contractor for each calendar day's delay in completing the whole, or any specified portion, of the work beyond the time allowed in the Contract Documents.

Notice to Proceed: A written notice given by the City to the Contractor fixing the date on which the Contract time will commence to run and on which the Contractor shall start to perform its obligation under the Contract Documents.

Office of the City: Whenever reference is made to the Office of the City or the City's office, such reference shall be deemed made to the City's office at 375 Fifth Street, Hollister, California 95023.

Or Equal: The term "or equal" shall mean that the "equal" product is the same or better than the product named in function, performance, reliability, quality and general configuration. Determination of equality in reference to the project design requirements will be made by the Engineer. Such equal products shall not be purchased or installed by the Contractor without written acknowledgment of the Engineer.

Owner: The City.

Plans: Refer to Contract Drawings.

Professional Engineer: An engineer licensed by the Board of Registration for Professional Engineers, State of California.

Project: A term sometimes used to reference the work of improvement called for under the Contract.

Proposal: The offer of the bidder for the work, when made out and submitted on the prescribed proposal form, properly signed and guaranteed.

Proposal Form: The approved form upon which the City requires formal bids be prepared and submitted for the work.

Proposal Guaranty: The cashier's check, certified check or Bidder's Bond accompanying the proposal submitted by the bidder, as a guaranty that the bidder will enter into a contract with the City for the performance of the work, if the Contract is awarded to him. Also referred to as "Bidder's Security."

Provide: The term "provide" shall be understood to mean "furnish and install, complete and in place."

Responsive: A "responsive" Proposal is one, which complies with the requirements prescribed herein for Proposals.

Responsible: A "responsible" proposer is one who has the ability and will to satisfactorily perform the contract as evidenced by the proposer's experience and skills in the kind of work contemplated by the contract, access to resources, financial stability, dependability and integrity and who has demonstrated trustworthiness, as well as quality of fitness.

Special Provisions: The Special Provisions are specific clauses setting forth conditions or requirements of the work and supplementary to these General Conditions. Also referred to as A.10.d
Packet Pg. 609

EXHIBIT 8 General Conditions 101

"Supplementary Conditions."

Specifications: The term "Specifications" refers to those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship set forth in the latest edition of the City of Hollister Standard Specifications; the latest edition of the Greenbook; the latest edition of the California Manual on Uniformed Traffic Control Devices; and, the latest edition of the California Department of Transportation Standard Specifications, except Sections 1-9 are omitted in their entirety; as applied to the work and certain administrative details applicable thereto. Where standard specifications, such as those of ASTM, AASHTO, etc., have been referred to, the applicable portions of such standard specifications shall become a part of these Contract Documents. If referenced specifications conflict with Specifications contained herein, the requirements contained herein shall prevail. Also referred to as "Technical Specifications."

State: The State of California.

Substantial Completion: There is substantial completion or substantial performance of the contract when all essentials necessary to the full accomplishment of the purpose for which the things contracted for are performed with such an approximation to complete performance that the City obtains substantially what is called for by the contract. The City shall determine substantial completion in its own judgment.

Work: The term "Work" includes all material, labor, tools, and all appliances, machinery, transportation, and appurtenances necessary to perform and complete the Contract, and such additional items not specifically indicated or described which can be reasonably inferred as belonging to the item described or indicated and as required by good practice to provide a complete and satisfactory system or structure.

Work Site: The area or areas of actual construction and the areas immediately adjacent thereto.

Note: The use of any particular gender pronoun shall mean either or both genders without qualification or reservation. The use of a particular pronoun is for convenience of document construction only.

A.10.d
Packet Pg. 610

EXHIBIT 8 General Conditions 102

G1.03 ABBREVIATIONS. As used herein, unless the context otherwise requires, the following abbreviations have the following meanings:

AAMA Architectural Aluminum Manufacturers' Association

AAN American Association of Nurserymen

AASHTO American Association of State Highway and Transportation Officials

ACI American Concrete Institute

AFBMA Anti-Friction Bearing Manufacturers' Association

AGA American Gas Association

AGMA American Gear Manufacturers' Association

AIA American Institute of Architects

AIEE American Institute of Electrical Engineers
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Movement and Control Association
ANSI American National Standards Institute
APA American Plywood Association
APWA American Public Works Association

API American Petroleum Institute

AREA American Railway Engineering Association

ARI American Refrigeration Institute

ASA American Standards Association

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers

ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AT&T American Telephone and Telegraph
AWG American Wire Gage
A.10.d
Packet Pg. 611

EXHIBIT 8 General Conditions 103

AWPA American Wood Preservers' Association

AWS American Welding Society

AWWA American Water Works Association

CRSI Concrete Reinforcing Steel Institute

CS Commercial Standards (US Department of Commerce)

CSI Construction Specifications Institute

DOT United States Department of Transportation

EIA Electronic Industries Association

EPA Environmental Protection Agency
FGMA Flat Glass Marketing Association
FHWA Federal Highway Administration
FM Factory Mutual
FS Federal Specification

IAMPO International Association of Mechanical and Plumbing Officials

ICBO International Conference of Building Officials

IEEE Institute of Electrical and Electronics Engineers

NAAMM National Association of Architectural Metal Manufacturers

NBFU National Bureau Fire Underwriters

NEC National Electrical Code

NEMA National Electrical Manufacturers' Association

NFC National Fire Code

NFPA National Fire Protection Association

OSHA Occupational Safety and Health Administration

PEI Porcelain Enamel Institute

PG&E Pacific Gas and Electric Company

PS Product Standard (US Department of Commerce)
A.10.d
Packet Pg. 612

EXHIBIT 8 General Conditions 104

PacBell Pacific Bell

SAE Society of Automotive Engineers
SCFM Standard Cubic Feet per Minute
SCPO Structural Clay Products Institute
SDR Standard Dimension Ratio
SMACNA Sheet Metal and Air Conditioning Contractors' National Association

SSPC Steel Structures Painting Council

TCA Tile Council of America

TPI Truss Plate Institute

UBC Uniform Building Code

UL Underwriters' Laboratory

UMC Uniform Mechanical Code

UPC Uniform Plumbing Code

WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
WWPA Western Wood Products' Association
A.10.d
Packet Pg. 613

EXHIBIT 8 General Conditions 106

SECTION 2 PROPOSAL REQUIREMENTS, INSTRUCTIONS TO BIDDERS

G2.01 OBTAINING PROPOSAL FORMS. Proposal forms and other bid documents shall be obtained electronically via the City of Hollister website at the following link:
http://www.hollister.ca.gov/services/open-bids-and-rfps/

G2.02 ENGINEER'S ESTIMATE. If an Engineer's Estimate of quantities is given in the Proposal, the quantities are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.

G2.03 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK. The bidder shall examine carefully the Contract Documents and the site of work and shall inform himself of the conditions relating to the execution of the work. Failure to do so will not relieve the successful bidder of its obligation to enter into a Contract and complete the work in strict accordance with the Contract Documents. "Conditions relating to the execution of the work" include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of the work, including, but not limited to, applicable regulations concerning minimum wage rates, non-discrimination in the employment of labor, protection of public and employee health and safety, and environmental protection. The submission of a Proposal shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.

G2.04 SURFACE TOPOGRAPHY; SUBSURFACE CONDITIONS DATA. Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective bidders may inspect the records of such investigations at the City office subject to and upon the conditions set forth in these Contract Documents.

Investigations of surface topography and/or subsurface conditions were made for the purpose of study and design only and neither the City nor the Engineer(s) which conducted such investigations assumes any responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof.

There is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.

Logs of test borings, geotechnical reports, or topographic maps showing a record of the data obtained by the City's investigations of surface and subsurface conditions that are made available shall not be considered a part of the Contract Documents. Such logs, reports and maps represent only the opinion of the consultant retained by the City as to the character of the materials encountered by him in its investigations and are available only for the convenience of the bidder or Contractor.

The availability or use of information described in this Section G2.04 is not intended to be and shall not be construed to be a waiver of the provisions of Section G2.03, and will not relieve the bidder or Contractor from any risk, or from properly examining the site and making such additional investigations as he may elect, or from properly fulfilling all the terms of the Contract Documents.

A.10.d
Packet Pg. 614

EXHIBIT 8 General Conditions 107

G2.05 EXPLANATIONS. Any explanation of the Contract Documents desired by a prospective bidder shall be requested in writing from the Engineer, and delivered to City no less than fourteen (14) calendar days prior to the date for opening of proposals. Any explanation, instruction, or change to Contract Documents will be made by written addendum, which will be mailed or delivered to each firm receiving a set of the Contract Documents. Upon mailing or delivery, such addendum will become a part of Contract Documents and binding on all bidders. The receipt of the addendum by the bidder shall be acknowledged and so noted in the space provided on the Proposal Form. All addenda shall be attached to the Proposal. Only written explanations, instructions or changes so given by the City will be effective. Oral explanations or instructions will not be binding on the City.

G2.06 PREPARATION OF PROPOSALS. The form of Proposal in this book, when filled out and executed by the bidder, shall be submitted as its bid. Bids not presented on such forms will be disregarded.

All blank spaces in the Proposal form must be filled in, as required, preferably in black ink. All price information shall be shown, clearly legible, in both words and figures, where required. No changes shall be made in the phraseology of the forms. Written amounts shall govern in the case of discrepancy between the amounts stated in writing and the amounts stated in figures. In case of discrepancy between unit prices and extended totals, unit prices shall prevail.

The bidder shall sign its Proposal in the blank space provided therefor. If bidder is the sole owner, the Proposal shall be signed by the owner. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If bidder is a partnership, the true name of the firm shall be set forth above, the names and addresses of all partners shall be given and the Proposal shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the bidder is a joint venture, the Proposal shall be signed by each participating company by officers or other individuals who have the full and proper authorization to do so. If the Proposal is signed by an agent of the bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the Owner prior to opening of Proposals or must be submitted with the Proposal. If requested by the City, the bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Proposal.

G2.07 SUBMISSION OF PROPOSALS. All Proposals must be submitted not later than the time prescribed, at the place, and in the manner set forth in the Notice to Bidders. Proposals must be made on the Proposal forms provided herewith. Proposals and other required forms may be copied and submitted as a separate package or may be left attached to this book. Any Proposal received after the prescribed time shall be rejected, regardless of whether or not Proposals are opened exactly at the prescribed time.

Each Proposal must be submitted in a sealed envelope. The envelope must be clearly marked to show the bidder's name and the Contract name, without being opened, and be addressed in conformance with the instructions in the Notice to Bidders.

G2.08 LIST OF SUBCONTRACTORS. The bidder shall submit with its Proposal, on the List of Subcontractors provided, the names and business addresses of each subcontractor who will perform work under this Contract in excess of 1/2 of 1 percent of the amount of the total Proposal, and A.10.d
Packet Pg. 615

General Conditions 108

shall list the portion of the work which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the work, the bidder agrees to perform that portion of the work himself, and represents that he is qualified to perform that portion of the work himself.

G2.08A SURETY COMPANY FURNISHING PERFORMANCE AND
PAYMENT BONDS. The surety(ies) shall be California admitted insurer(s) with a high bond rating.

G2.09 PROPOSAL GUARANTY. All Proposals shall be accompanied by a cashier's check or certified check, payable to the City Clerk of the City, or a Bid Bond so payable executed by a corporation authorized to transact business as a surety in the State of California in an amount not less than 10 percent of the total amount of the Proposal submitted.

This bid security shall be given as a guaranty that the bidder will not withdraw its Proposal for ninety (90) days after bid opening, and that if awarded the Contract, the successful bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond each in the full amount of the Contract price within the time specified.

If the bidder elects to furnish a Bid Bond, he shall use the Bid Bond form bound herewith; additional forms may be obtained from the City. The Attorney-in-Fact who executes this bond on behalf of the surety must attach a notarized copy of its power-of-attorney as evidence of its authority to bind the surety on the date of execution of the bond. Any conditions or limitation placed upon said check or any alteration of the form of said bond, or imperfection in the execution thereof, will render it informal and may, at the option of the City, result in the rejection of the Proposal.

If the Bidder elects to furnish a cashier's check, he shall also submit therewith the Bid Security Form included herewith.

G2.10 NON-COLLUSION DECLARATION. All Proposals shall be accompanied by an executed non-collusion declaration in the form required by Public Contract Code Section 7106.

G2.11 WITHDRAWAL OF PROPOSALS. A bidder may withdraw its Proposal at any time prior to the time fixed in the Notice to Bidders for the opening of bids only by filing a written notice with the City. The notice shall be executed by the bidder in conformance with Section G2.06. A telegraphic or telefax notice of withdrawal is not effective. Withdrawal of a Proposal does not prejudice the right of a bidder to submit a new Proposal. No Proposal may be withdrawn after the time scheduled for opening of Proposals, unless and until the time specified in Section G3.02, Time of Award, has elapsed.

G2.12 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read aloud publicly at the date, time and place designated in the Notice to Bidders. The City official opening the bids will determine the official time and such determination will be final.

G2.13 REJECTION OF PROPOSALS. Proposals may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the Proposals incomplete, indefinite or ambiguous; obviously unbalanced A.10.d
Packet Pg. 616

General Conditions 109

prices; no acceptable Bid Security; or if the Proposal is not properly executed.

G2.14 DISQUALIFICATION OF BIDDERS. More than one Proposal from an individual, firm, partnership, corporation or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated may cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all Proposals may be rejected. A party who has quoted prices on materials or work to a bidder is not thereby disqualified from quoting prices to other bidders, or from submitting a bid directly for the materials or work. A Proposal 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.

G2.15 LICENSING OF BIDDERS. Bidders and their proposed subcontractors shall hold such licenses as may be specified in the Notice to Bidders and as may be required by Division 3, Chapter 9 of the California Business and Professions Code concerning the licensing of contractors. As a matter of bidder responsibility, each bidder shall be properly licensed in accordance with the laws of the State of California at the time of bid opening. Failure to be so licensed may be reason to reject a bid totally in the sole discretion of the City. If the bid is submitted by a joint venture, then each member of the joint venture must be licensed at the time of bid opening, but a joint venture license is not required until contract award.

G2.16 RESPONSIBILITY OF BIDDERS. Bidders shall, if requested by the City, submit a statement of qualifications which shall include experience in the type of work to be performed, financial condition, available construction equipment, and listing of all agencies for which work has been performed during the past two years. The City may reject the Proposal of any bidder on the basis of insufficient work experience and/or skills in the kind of work contemplated in the contract, insufficient financial capability, inadequate equipment, poor performance on work previously completed for the City or other agencies, or previous violation of safety or other legal requirements resulting in disqualification or otherwise being prevented from bidding on federal, state or local agency projects.

To be responsible a bidder must have clearly demonstrated trustworthiness as well as quality of fitness, capacity and experience to satisfactorily perform the contract.

G2.16A INELIGIBILITY OF CONTRACTORS. Pursuant to Public Contract Code Section 6109, by submitting its bid, a bidder certifies that it has not been deemed ineligible to bid, work on or be awarded a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7 and that it will not use any subcontractors to perform work on the public works project that have been deemed ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 and 1777.7. Any contract on a public works project between a contractor and a debarred subcontractor is void as a matter of law. Any public money paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to any workers of the debarred subcontractor who worked on the project.

G2.17 RELIEF OF BIDDERS. Pursuant to California Public Contract Code Section 5103, unless the City in its sole discretion elects otherwise, a bidder shall not be relieved of its bid nor shall any change be made in its bid because of mistake, but he may bring an action against the City in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. In the event the bidder who brings an action against the A.10.d
Packet Pg. 617

General Conditions 110

City fails to recover a judgment, the bidder shall pay all costs incurred by the City in the suit, including reasonable attorneys' fees to be fixed by the court.

If the bidder brings such action it shall be its responsibility to establish that:

a. A mistake was made;

b. He gave the City written notice within five (5) days after the opening of the Proposals of the mistake, specifying in the notice in detail how the mistake occurred;

c. The mistake made the Proposal materially different than he intended it to be; and

d. The mistake was made in filling out the Proposal and was not due to error in judgment nor to carelessness in inspecting the site of the work, nor in reading the Contract Documents.

G2.18 BID PROTEST PROCEDURE. The City maintains written protest procedures that must be followed for all bid protests. All protests must clearly specify in writing the grounds and evidence on which the protest is based. Protests based upon restrictive specifications or alleged improprieties in the bidding procedure which are apparent or reasonably should have been discovered prior to the bid opening shall be filed in writing with the City Clerk, at least five (5) calendar days prior to bid opening.

Protests based upon alleged improprieties that are not apparent or which could not reasonably have been discovered prior to bid opening shall be submitted in writing to the City clerk, within forty-eight (48) hours from receipt of notice from the City advising of the recommendation for award of contract.

G2.19 CONTRACTOR AND SUBCONTRACTOR DIR REGISTRATION. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 at the time of bid. For federally funded projects, the contractor and subcontractors must be registered at the time of contract award. (See Labor Code section 1771.1(a).)

This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post Site notices, as prescribed by regulation. (8 CCR 16451(d).)

G2.20 IRAN CONTRACTING ACT. By submission of the a bid, the undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).

A.10.d
Packet Pg. 618

General Conditions 111

SECTION 3 AWARD AND EXECUTION OF CONTRACT

G3.01 AWARD OF CONTRACT. The City reserves, in its sole discretion, the right to reject any and all Proposals and to waive any informalities and irregularities in Proposals received, other provisions in the Contract Documents notwithstanding.

The Proposals will be compared on the basis of the Total Bid Price, which is the sum of the lump sum bid items and, for unit price items, the sum of the products of the Engineer's Estimate of quantities shown in the Proposal multiplied by the unit bid price. In the event of a discrepancy between the unit bid price and the extension price, the unit price shall govern. Any mathematical errors that appear on the face of the bid shall be corrected by the City and the City will use the mathematically correct total bid price in determining the lowest monetary bidder.

The award of the Contract, if it be awarded, will be made to the lowest responsible, responsive bidder.

In addition, the City reserves, in its sole discretion, the right to award the Contract for all or some of the bid items included in the Bid Schedule. The City may eliminate some of the bid items prior to or after award of the Contract due to budgetary constraints.

G3.02 TIME OF AWARD. Within sixty (60) days after the opening of Proposals, the City will either reject all Proposals or award the Contract to the lowest responsible, responsive bidder. If the lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the second lowest responsible, responsive bidder. Such award, if made, will be made within seventy-five (75) days after the opening of Proposals. If the second lowest responsible, responsive bidder refuses or fails to execute the Contract and provide an acceptable Performance Bond, Payment Bond and insurance certificate(s), the City may award the Contract to the third lowest responsible, responsive bidder. Such award, if made, will be made within ninety (90) days after the opening of Proposals. The periods of time specified above within which an award of Contract may be made shall be subject to extension for such further period as may be agreed upon in writing by the City and the bidder or bidders concerned.

G3.03 EXECUTION OF CONTRACT. The successful bidder shall, within fifteen (15) days after having received notice that the Contract has been awarded, sign and deliver to the Owner a Contract in the form hereto attached together with the Contract Bonds and insurance certificates executed as required in the Contract Documents. Within ten (10) days (not including Saturdays, Sundays and legal holidays) after receiving the signed Contract with acceptable bonds and insurance certificates from the successful bidder, the City will sign the Contract. If the bidder is a corporation, it must be signed by two officers of the corporation consisting of (1) the chair of the board, president or vice-president; and (2) the secretary, assistant secretary, chief finance officer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. If the corporate seal is not affixed to the contract, or if it is executed by a person other than an officer, or by only one officer, there must be attached to the contract a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is an individual, the contract shall be executed personally by the Contractor. If the Contractor is a co-partnership, it is desirable that the contract be executed by all of the partners, but it may be executed by one of them. If the Contractor is a joint venture, the contract must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to bind the joint venture. If the Contractor is an A.10.d
Packet Pg. 619

General Conditions 112

LLC, the contract must be executed by an officer or member who has full and proper authorization to bind the LLC.

G3.04 CONTRACT BONDS. The bidder to whom the Contract is awarded shall furnish the following bonds ("Contract Bonds"):

a. Performance Bond, in an amount not less than 100 percent of the Contract price, to secure faithful performance of the and in the amount of not less than 10 percent (10%) of the Contract price to guarantee the correction of work during the warranty period of one year from the date final acceptance of the work by the City.

b. Payment Bond, in an amount not less than 100 percent of the Contract price, to secure payment of all persons supplying labor or materials for the construction of the work.

Contract bonds shall be on the forms bound herewith and shall be executed by an admitted surety insurer authorized to transact business in the State of California, with a financial condition and record of service satisfactory to City.

All alterations, extensions of time, extra and additional work and other changes authorized by the Contract Documents may be made without securing the consent of the surety or sureties on the Contract Bonds.

G3.05 FAILURE TO EXECUTE CONTRACT. Failure of a bidder to whom the Contract is awarded to promptly and properly execute the Contract or furnish acceptable Contract bonds, or certificates of insurance, shall be just cause for the annulment of the award and the forfeiture of such bidder's Proposal Guaranty. The Proposal Guaranty shall be retained by the City as liquidated damages and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the successful bidder fails to enter into a Contract.

G3.06 RETURN OF PROPOSAL GUARANTY. Within fifteen (15) days after the award of the Contract, the City will return the Bidder's Bond or the certified or cashier's check to all the Bidders except for the three lowest Bidders. When the Contract is executed, the bonds of the two remaining unsuccessful Bidders will be returned. Retained Proposal guaranties will be held until seventy-five (75) days after opening of Proposals or until a Contract has been finally executed, whichever occurs first, after which all Proposal guaranties, other than Bidder's Bonds and any guaranties that have been forfeited, will be returned.

A.10.d
Packet Pg. 620

General Conditions 113

SECTION 4 SCOPE OF WORK

G4.01 INTENT OF CONTRACT DOCUMENTS. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. When the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning, are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect on the first published date of the Notice to Bidders, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to City, or any of City's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.

The Contract Documents are divided into parts, divisions and sections for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project.

The City makes no warranty whatsoever, express or implied, with respect to the Contract Documents other than that the Contract Plans and Specifications were prepared by a professional engineer and/or professional architect registered to practice in the State of California and so endorsed.

G4.02 EXAMINATION AND VERIFICATION OF CONTRACT DOCUMENTS. The Contractor shall thoroughly examine and become familiar with all of the various parts of these Contract Documents and determine the nature and location of the work, the general and local conditions, and all other matters, which can in any way affect the work under this Contract. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of this Contract.

No oral agreement or conversation with any officer, agent or employee of the Owner, or with the Engineer either before or after the execution of this Contract, shall affect or modify any of the terms or obligations contained in the Contract Documents.

G4.03 DIFFERING SITE CONDITIONS. Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of:
(1) material that the Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II A.10.d
Packet Pg. 621

General Conditions 114

or class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from those indicated in this Contract, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

The Engineer shall promptly investigate the conditions. If the Engineer finds that such conditions do materially differ or do involve hazardous waste and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this Contract, whether or not changed as a result of such conditions, then an equitable adjustment shall be made and the Contract modified in accordance with the change order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth below, but shall retain such rights it may have as provided in these Contract Documents.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section, except that the City may extend the prescribed time. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Contract.

G4.04 CHANGES; CONTRACT CHANGE ORDER(S). The City may, without notice to the sureties, and without invalidating the Contract, at any time make alterations, deviations, additions to or deletions from the Contract Documents, and may increase or decrease the quantity of any item or portion of the work, or delete any item or portion of the work, and may require extra work, as deter- mined by the City to be necessary or advisable. All such work shall be performed under applicable provisions of the Contract Documents, unless specifically provided otherwise at the time the change is ordered.

Any such changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify: (1) the work to be done in connection with the change to be made; (2) the amount of the adjustment of the Contract price, if any, and the basis for compensation for the work ordered; and (3) the extent of the adjustment in the Contract time, if any. A Contract Change Order shall not become effective until it has been signed by the Engineer or the City Manager; when signed by the Engineer or the City Manager it is an "approved Contract Change Order."

No changes or deviations from the Contract Documents shall be made without the authority of an approved Contract Change Order, except that in cases of emergency the Engineer may direct a change in writing. Upon receipt of such written directive, the Contractor shall proceed with the ordered work and the Engineer will prepare a written Contract Change Order for approval and issuance to the Contractor as soon thereafter as practicable.

Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order.

When ordered by the Engineer, the Contractor shall halt work in the area affected by a proposed change. Whenever it appears to the Contractor that a change is necessary, the Contractor shall immediately, but no later than five (5) days after becoming aware of the need for a change, notify the Engineer of the change he believes necessary and the reasons for such change; however, work in the area affected shall not be discontinued unless ordered by the Engineer.

G4.05 REQUEST FOR QUOTATIONS FOR CHANGE IN WORK. City may request Contractor to provide quotations for performing proposed changes to the work. Such requests for A.10.d
Packet Pg. 622

General Conditions 115

quotations shall not be considered authorization to proceed with the change prior to issuance of an approved Contract Change Order, nor shall such request justify any delay in executing existing work.

Contractor shall, upon such a request, provide quotations for increases or decreases in the Contract Price and the Contract time associated with performing the proposed change within the timeframe specified by the Engineer. Quotations shall be in the form specified by the Engineer and shall include substantiating documentation with an itemized breakdown of Contractor and Subcontractor costs, including labor, materials, rentals, services, overhead and profit. The cost of preparing such quotations is included in the Contract price and Contractor shall not be entitled to any additional compensation for preparing them. Failure of the Contractor to submit a quotation in the timeframe or form specified by the Engineer shall limit the effect of any protest to an Approved Change Order as set forth in Section G4.09.

G4.06 PROPOSED CONTRACT CHANGE ORDER. A Contract Change Order may be presented to the Contractor for its consideration prior to its having been approved. If the Contractor accepts the terms and conditions of such proposed Contract Change Order, and if the Contract Change Order is then approved and issued to the Contractor, the Contract Change Order shall be considered to be an executed Contract Change Order for all purposes to the same extent as if the Contract Change Order had been initially issued to the Contractor as an approved Contract Change Order. The City need not present a proposed Contract Change Order to the Contractor for its review prior to issuing it as an approved Contract Change Order.

G4.07 EXECUTED CONTRACT CHANGE ORDER. An approved Contract Change Order which has been signed by the Contractor is an "executed Contract Change Order." Compensation paid pursuant to Contract Change Orders shall comprise the total compensation for the work described in the Contract Change Order. By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the work or change, including but not limited to payment for interruption of schedules, extended overhead, home office overhead, delay or any other "impact" claim or "ripple effect" claim. By signing the Contract Change Order, the Contractor also specifically waives any reservation or claim for additional compensation or Contract time in respect to the Contract Change Order.

G4.08 CONTRACT PRICE ADJUSTMENT. If a Contract Change Order provides for an adjustment to the Contract price, the increased payment to Contractor, or the deduction to the credit of the City, shall be determined by one of the following methods, or a combination of these methods, as determined by the City and at its sole option:

A. Unit Prices. The unit prices set forth in the Proposal may be used where they are applicable. If the Contract Change Order increases or decreases the quantity of an item of work by more than twenty-five percent (25%), such that the application of unit prices in the Proposal will cause substantial inequity to the City or Contractor, unit prices will be adjusted by mutual agreement or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09. Unit prices for new items included in the Contract Change Order shall be as mutually agreed upon or, in the absence of agreement, as determined by the Engineer and subject to protest by the Contractor pursuant to Section G4.09.

Payment for any contract item of work which has a final total value of less than five percent of the total contract bid price will be made at the contract unit price regardless of increased or decreased quantities, if such unit price is to be used.

B. Lump Sum. A total lump sum addition or deduction from the Contract Price.

Lump sum quotations for changes to the work shall include substantiating documentation with an A.10.d
Packet Pg. 623

General Conditions 116

itemized breakdown of Contractor and Subcontractor costs, including labor, materials, equipment rental, approved services, overhead and profit, all as negotiated. The costs of a negotiated change order for work performed by Contractor's own forces shall be limited to a maximum markup of fifteen percent (15%) to include up to ten percent (10%) for overhead and up to five percent (5%) for profit. These percentages shall apply to subcontractor work also. Markups for items such as fringe benefits, liability insurance, social security and unemployment insurance, where proper and appropriate, shall be determined on the basis of actual costs as documented and supported by the contractor and subject to the approval of the Engineer. Where the whole or a part of the work under a negotiated change order is performed by a first tier subcontractor, the City shall limit the Contractor's markup on the direct costs of the subcontractor to a total of not more than eight percent (8%) to include up to five percent (5%) for overhead and three percent (3%) for profit. No markup will be considered or allowed for costs of a negotiated change order involving subcontractors below the first tier. The overhead markup percentages referenced above shall cover all overhead costs of the Contractor, including administrative, field office, home office, extended overhead and similar costs and expenses.

C. Force Account Payment. Payment for the work may be made on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment and other items of cost as required to do the work.

If compensation for work done under a Contract Change Order is to be made on a force account basis, the compensation will be calculated as set forth in Section G9.03, "Force Account Payment." Contractor agrees that the markups provided in Section G9.03 are adequate.

In any case in which the method of payment cannot be agreed upon prior to the beginning of the work, the City may direct that the work be done on a unit price, lump sum or force account basis depending on the nature of the work and at the sole discretion of the City.

G4.09 PROTEST PROCEDURE. If the Contractor disagrees with any terms or conditions set forth in an approved Contract Change Order, which he has not executed, he shall submit a written protest to the Engineer within fifteen (15) calendar days after receipt of such approved Contract Change Order. The protest shall state the points of disagreement, Contract Document references, quantities and costs involved, contract time impacts and shall propose a modification of the items with which he does not agree. Such protest shall not be considered complete or acceptable unless and until the quotation requested pursuant to Section G4.05 has been received by the Engineer in satisfactory form.

If a written protest is not submitted within this 15-day period, payment will be made as set forth in the approved Contract Change Order without right of further protest. Approved Contract Change Orders which are not protested within 15 days or protests not supported by the requested quotation in satisfactory form within fifteen (15) days of request will be considered as executed Contract Change Orders and such payment will constitute full compensation for all work included therein or required thereby and so will any changes in contract time or completion date.

When the protest of an approved Contract Change Order relates to compensation, the Contractor shall keep full and complete records of such work and shall permit the City and the Engineer to have access to all records relating to the protested Contract Change Order to determine the compensation payable.

The Contractor shall cooperate with the Engineer to reach agreement at the earliest practical date on the terms of compensation for the Contract Change Order. When agreement has been reached, a revised Contract Change Order may be approved by the City and issued to the Contractor for signature.

Unless and until the City and Contractor agree upon other terms of compensation incorporated in a revised executed Contract Change Order, the compensation shall be as specified under the protested approved Contract Change Order.

When the protest of an approved Contract Change Order relates to the adjustment of Contract Time A.10.d
Packet Pg. 624

General Conditions 117

for the completion of the work, the time will be determined in accordance with the provisions of Section G8.11.

G4.10 CONTINUANCE OF CONSTRUCTION. Disagreement by the Contractor with the City's determination of the need for, or amount of, an adjustment in Contract price or Contract time associated with an approved Contract Change Order (or disagreement by the Contractor with the City's determination that a change has not occurred and no Contract Change Order is needed) shall not, under any circumstances, relieve the Contractor from its obligation to promptly begin and diligently perform the work, including the change, as described in the approved Contract Change Order.

G4.11 FIELD CHANGES. Conditions may arise during the prosecution of the work on construction necessitating minor variations in the contract plans and/or specification. In order to address these conditions, the City may without notice to the sureties and without invalidating the contract, make minor alterations, deviations or changes to the Contract, including the plans or specifications, without affecting any of the material or basic terms of the contract, including the contract price, schedule for performance, the basic design, or other terms. Such minor alterations, deviations or changes shall be documented in a Field Change on a form provided by the City and executed by the Engineer and the Contractor. By execution of the Field Change, Contractor agrees to make the specified change at no additional cost and without an alteration in the schedule of performance or other terms and conditions of the Contract.

G4.12 DETOURS. When required by the Special Provisions, Technical Specifications, or shown on the Contract Plans, or required by responsible public agencies, the Contractor shall construct, maintain and remove detours for the use of public pedestrian and vehicular traffic, without additional cost to the City, unless separate payment is specified in the Special Provisions or Technical Specifications.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public pedestrian and vehicular traffic.

G4.13 ARCHAEOLOGICAL DISCOVERIES. All articles of archaeological interest which may be uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. The further operations of the Contractor with respect to the find will be decided under the direction of the Engineer. Contractor shall acquire no interest in any such discoveries unless granted by the City in its sole discretion.

G4.14 PRESERVATION AND CLEANING. The Contractor shall clean up the work at frequent intervals and at other times when directed by the Engineer to maintain the job site in a clean and sanitary condition. While finish work is being accomplished, floors shall be kept clean, free of dust, construction debris and trash.

Before final inspection of the work, the Contractor shall clean the project site, material sites, surrounding roadways and all ground occupied by him in connection with the work, of all rubbish, excess materials, falsework, temporary structures and equipment. All parts of the work shall be left in a neat and presentable condition. Final cleaning shall include washing, dusting and sweeping, as applicable, of exposed architectural finish surfaces. Full compensation for final cleaning up will be considered as included in the prices paid for the various Contract items of work and the Contractor will not receive a separate payment for final cleaning.

G4.15 GUARANTY OF WORK. Notwithstanding inspections and acceptance by the City of A.10.d
Packet Pg. 625

General Conditions 118

work furnished under this Contract, the Contractor warrants to the City that all materials and equipment furnished under the Contract, including that provided pursuant to Change Orders, will be of good quality and new, that the work will be free from defects in material or workmanship, and that the work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required by the Special Provisions or Technical Specifications for specified items of equipment or materials. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

G4.16 CORRECTION OF WORK DURING WARRANTY PERIOD. If, within one year after the date of final acceptance of the work by the City, any of the work is found not to be in accordance with the Contract Documents, specifically including Section G4.15 ("Guaranty of Work"), the Contractor shall correct it promptly after written notice from the City to do so, and pay for any damage to other property resulting from such non-conforming work. If the Contractor fails to make the repairs or replacements promptly, or in an emergency when delay could cause risk of damage or loss, the City may have the non-conforming work removed, replaced or corrected at the expense of the Contractor and its surety. If the amount of the performance bond is insufficient to cover the cost of such work, the Contractor shall be liable to pay any such deficiency on demand by the City. Non- conforming work, which is remedied under this Section, shall be subject to an extended warranty obligation, identical in terms to that provided by Section G4.15 and this Section for a period of two years after the non- conforming work has been remedied.

The City's records setting forth the fair and reasonable cost of repairing, replacing or restoring the damage or defects when performed by any party other than the Contractor shall be binding and conclusive as to the amount thereof upon the Contractor.

Nothing contained in this Section G4.16 shall be construed to establish a period of limitation with respect to other obligations which the Contractor may have under the Contract Documents. Establishment of the period of two years as described in this Section relates only to the specific obligation of the Contractor to correct the work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the work.

G4.17 VALUE ENGINEERING. The Contractor may submit to the Engineer, in writing, value engineering proposals for modifying the plans, specifications or other requirements of the Contract for the sole purpose of reducing the total cost of construction. The value engineering proposal shall not impair, in any manner, the essential functions or characteristics of the project, including, but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards.

Value engineering proposals shall contain the following information:

(1) Description of the existing contract requirements, which are involved in the value engineering proposal.

(2) Description and justification of the proposal.

(3) An itemization of the contract requirements that must be changed if the A.10.d
Packet Pg. 626

General Conditions 119

proposal is adopted.

(4) A detailed estimate of the cost of performing the work under the existing contract and under the proposed change.

(5) A detailed estimate of additional costs to the Project attributable to the proposal on the construction, operation, and maintenance of the project.

(6) A statement of the time within which the Engineer must make a decision thereon.

(7) The contract items of work affected by the proposed changes, including any quantity variation attributable thereto.

The provisions of this Section shall not be construed to require the Engineer to consider any value engineering proposal which may be submitted.

The City will not be liable to the Contractor for failure to accept or act upon any value engineering proposal submitted pursuant to this Section nor for any delays to the work attributable to any such proposal. If a value engineering proposal is similar to a change in the plans or specifications, under consideration by the City for the Project, at the time said proposal is submitted or if such proposal is based upon or similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the Contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this Section. The Contractor shall continue to perform the work in accordance with the requirements of the Contract until an executed change order, incorporating the value engineering proposal has been issued. If any executed change order has not been issued by the date upon which the Contractor's value engineering proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such value engineering proposal shall be deemed rejected.

The Engineer shall be the sole judge of the acceptability of a value engineering proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted.

The City reserves the right where it deems such action appropriate, to require the Contractor to share in the City's costs of investigating a value engineering proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed the Contractor shall indicate its acceptance in writing, and such acceptance shall constitute full authority for the City to deduct amount payable to the City from any monies due or that may become due to the Contractor under the Contract.

If the Contractor's value engineering proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this Section.

Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the value engineering proposal or such parts of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the value engineering proposal effectuated by the change order and shall further provide that the Contractor be paid 50% of said estimated net savings amount. The Contractor's cost A.10.d
Packet Pg. 627

General Conditions 120

of preparing the value engineering proposal and the City's costs of investigating a value engineering proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. The cost to the City for any required redesign associated with a value engineering proposal will be taken into account and added in determining the value of such proposal.

Acceptance of the value engineering proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the proposal.

The amount specified to be paid to the Contractor in the change order, which effectuates a value engineering proposal shall constitute full compensation to the Contractor for the proposal and the performance of the work thereof pursuant to the said change order.

The City expressly reserves the right to adopt a value engineering proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted value engineering proposal is adopted for general use, only the contractor who first submitted such proposal will be eligible for compensation pursuant to this Section, and in that case, only as to those contracts awarded to him prior to submission of the accepted value engineering proposal and as to which such value engineering proposal is also submitted and accepted. Value engineering proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this Section if the identical or similar previously submitted proposals were adopted for general application to other contracts administered by the City.

Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted value engineering proposal without obligation or compensation of any kind to the Contractor.

A.10.d
Packet Pg. 628

General Conditions 121

SECTION 5 CONTROL OF WORK

G5.01 AUTHORITY OF ENGINEER. The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the Contract Documents; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to compensation and contract time. The Engineer will have authority to reject work which does not conform to the Contract Documents. His/her decision shall be final and he/she shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly.

G5.02 CONTRACT DRAWINGS. The Contract Drawings furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.

Upon written request, the City will furnish to the Contractor for its use, at no expense to the Contractor, five (5) copies of all Contract Documents, including the Contract Drawings unless otherwise specified in the Special Provisions. Additional copies may be obtained at cost.

G5.03 SHOP DRAWINGS. The Contract Drawings shall be supplemented by shop drawings furnished by the Contractor. Shop drawings shall have been approved by the Engineer before any work involving such drawings is performed. No change shall be made by the Contractor in any shop drawing after it has been approved by the Engineer.

Shop drawing submittals shall contain adequate information to permit the Engineer to evaluate each submission for conformance with the Contract Documents. Each submittal shall be complete; partial submittals will not be reviewed. All drawings shall include a graphical scale and indicate the amount of reduction used, if any. The quality of lettering and draftsmanship shall be such as to insure easily read reproductions by microfilming process.

Each shop drawing submitted by the Contractor (including any provided by suppliers and/or subcontractors) shall bear the approval stamp of the Contractor, and shall be clearly and conspicuously marked to indicate any deviation in the shop drawing from the requirements of the Contract Documents.

By approving and submitting shop drawings, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing with the requirements of the work and the Contract Documents. Where applicable, shop drawings will be certified for construction by the manufacturer. City review of any shop drawing shall not constitute a change to the Contract. Contract changes can be effected through Change Orders only.

Each submittal shall be accompanied by a transmittal letter in the form specified by the Engineer from the Contractor stating the name of the material or equipment items as shown on the Contract Documents, a specification reference consisting of a section number, and any proposed deviations from the Contract Documents requested or shown on the submittal.

Review of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Review and approval of the Contractor's shop drawings shall not relieve Contractor of any of its responsibility for the A.10.d
Packet Pg. 629

General Conditions 122

successful completion of the work in conformity with the requirements of the Contract Documents. The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions which shall be conformed and correlated at the job site, fabrication processes and techniques of construction, coordination of work with that of all others, and satisfactory performance of all work. Approval of shop drawings shall not waive any requirement of the Contract Documents and defective work may be rejected notwithstanding such approval.

It is the Contractor's responsibility to submit shop drawings and other submittals so as to allow sufficient time for review, for securing necessary approvals, and for possible revisions and resubmittal. Minimum review time by the Engineer shall be thirty (30) calendar days; complex submittals may require up to forty-five (45) days. Review time periods shall not begin until a complete submittal with Contractor's approval stamp is received with properly completed transmittal documentation. Incomplete, unstamped or otherwise improper submittals may be rejected without further comment for correction and proper submittal. The Contractor shall schedule its shop drawing submittals so that this anticipated shop drawing review time does not delay its work.

City will make its best efforts to review submittals within the time period scheduled by the Contractor, provided it is consistent with the minimum time period specified in the preceding paragraph, but the City's inability to do so shall not automatically entitle the Contractor to additional time to complete the Contract. If the Engineer fails to complete its review of shop drawing submittals within a reasonable time (not to be less than the time period specified in this section), and if the Contractor's controlling operation is delayed by reason of the delay in review, an extension of time commensurate with the delay in completion of the work thus caused will be granted pursuant to Section G8.11, but no additional compensation will be allowed for such delay.

Shop drawings reviewed by the Engineer will be returned to the Contractor. The Engineer's action on each submittal will consist of one of the following: "No Exceptions Taken," "Exceptions Taken as Noted," "Revise and Resubmit" or "Rejected" unless otherwise specified in the Special Provisions are/or transmittal forms to be used. When shop drawings are required to be resubmitted, the revisions are to be clearly defined on the revised drawings. Resubmittals will be reviewed in accordance with the provisions applicable to initial submittals and the time period for the Engineer's review shall be equal to that for initial submittals.

Submittal and processing of shop drawings shall conform to the requirements of the Special Provisions and Technical Specifications.

Full compensation for furnishing all shop drawings shall be considered as included in the prices paid for the Contract items of work to which such drawings relate and no additional compensation will be allowed therefor.

When the shop drawings have been completed to the satisfaction of the Engineer, the Contractor shall carry out the construction in strict accordance therewith. Any further changes will require a resubmittal of the drawings.

G5.04 CONFORMITY WITH CONTRACT DOCUMENTS. Work and materials shall conform to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Contract Drawings or indicated in the Specifications. Although measurement, sampling and testing may be considered evidence as to such conformity, the Engineer shall be the sole judge as to whether the work or materials deviate from the Contract Drawings and Specifications, and its decision as to any allowable deviations therefrom shall be final.

G5.05 COORDINATION AND INTERPRETATION OF CONTRACT DOCUMENTS.

The General Conditions, Special Provisions, Technical Specifications, Contract Drawings, Contract A.10.d
Packet Pg. 630

General Conditions 123
Change Orders and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complimentary, and to describe and provide for a complete work.

In the event of inconsistencies between requirements contained in different components of the Contract Documents, and unless otherwise specified in the Special Provisions, the order of precedence to govern interpretation is as follows: (1) Change Orders, (2) Addenda, (3) Contract, (4) Special Provisions, (5) General Conditions, (6) the Greenbook, (7) Technical Specifications, (8) Contract Drawings, (9) Notice Inviting Sealed Bids, and (10) Bid Forms (all documents submitted by the bidder). In case of differences between small and large scale drawings, the large scale drawings shall govern. Schedules on drawings shall take precedence over conflicting notations on drawings. In the event of any discrepancy between any drawing and the figures written thereon, the figures, unless otherwise directed, will govern over scaled dimensions.

Should it appear that the work to be done or any of the related matters is not sufficiently detailed or explained in the Contract Documents, the Contractor shall promptly apply to the Engineer for such further written 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 the Contract Documents, clarification in writing shall be promptly sought by Contractor from the Engineer, whose decision thereon shall be final.

G5.06 ORDER OF WORK. When required by the Special Provisions or Contract Drawings, the Contractor shall follow the sequence of operations as set forth. Full compensation for conforming with such requirements will be considered as included in the prices paid for the various Contract items of work and no additional compensation to Contractor will be allowed.

G5.07 SUPERINTENDENCE. The Contractor, at all times, shall supervise and direct the Work using its best skill and attention. The Contractor shall keep at the project site competent supervisory personnel at all times while Work is in progress. The Contractor shall designate, in writing, before starting work, a project superintendent who shall be an employee of Contractor and shall have complete authority to represent and act for the Contractor. The Contractor shall promptly notify the Engineer in writing prior to any change in superintendent assignment.

The Contractor shall be solely responsible for and have control over construction means, methods, techniques and procedures for providing adequate safety precautions and coordinating all portions of the work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.

G5.08 LINES AND GRADES. Only such primary control lines, monuments and bench marks will be set by the Engineer as he determines to be necessary to control establishment of the lines and grades required for the completion of the work. In general, these will consist of the primary horizontal and vertical control points shown on the Contract Drawings. The Contractor shall notify Engineer a minimum of five (5) working days before such stakes or marks are needed.

Monuments, stakes and marks set by the Engineer shall be carefully preserved by the Contractor. If such monuments, stakes or marks are destroyed or damaged, they will be replaced by the Engineer at his/her earliest convenience. The Contractor shall be charged for the cost of replacing or restoring monuments, stakes and marks destroyed or damaged by reason of its operations including failure to protect such points from other normal activity in the project area that can be reasonably anticipated.

This charge will be deducted from any monies due or to become due the Contractor unless the Contractor has agreed in writing, with the approval of the Engineer, to otherwise directly pay the party doing the work and has provided satisfactory evidence that such payment has been properly made.

A.10.d
Packet Pg. 631

General Conditions 124

The Contractor shall temporarily suspend work at such points and for such reasonable times as the Engineer may require for transferring or setting monuments, stakes or marks, and the Contractor shall not be entitled to any additional compensation or extension of time therefor.

All other stakes or marks required to establish the lines and grades required for the completion of the work shall be the responsibility of the Contractor. Payment for such work shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

Contractor shall take field measurements and verify field conditions consistent with prudent construction industry standards and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing construction activities on the work site. Errors, inconsistencies or omissions in the Contract Documents discovered by Contractor shall be reported to the Engineer at once.

G5.09 INSPECTION. The Engineer, and all authorized representatives of the City, shall at all times have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Contract Documents. All work done and all materials furnished by Contractor shall be subject to the Engineer's on-site and off-site inspection.

The inspection and observation of the work or materials by the Engineer shall not relieve the Contractor of any obligations to fulfill its Contract as prescribed. Work and materials not meeting such requirements shall be corrected, and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer, or that payment therefor has been included in a progress estimate.

Re-examination of questioned work may be ordered by the Engineer at any time before final acceptance. If so ordered, the work shall be uncovered by the Contractor. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removal, recovering and replacing of the parts removed; but if such work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work which has been covered prior to observation by the Engineer does not qualify as re-examined work; the City may order it uncovered for observation without payment of costs.

The Contractor shall give due notice to the Engineer before backfilling so that the Engineer may observe the materials and installation.

The Contractor shall notify the Engineer in advance as to those times when no construction activities will take place. Absent such notification, all costs incurred by the City as a result of attending to the project site at times when no construction is taking place will be charged to the Contractor.

Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the Engineer of such intention 24 hours prior to performing such work, or such longer period as may be specified, so that the Engineer may make necessary arrangements.

The observations and inspections performed by the Engineer shall not relieve the Contractor of its responsibility to conduct comprehensive inspections of the work and to furnish materials and perform work in conformance with the Contract Documents.

A.10.d
Packet Pg. 632

General Conditions 125

G5.10 DOCUMENTS ON JOB SITE. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, material test results and approved progress payments on the job site, in good order, available to the Engineer and all authorized representatives of the City. Other requirements may be specified in the Special Provisions.

G5.11 CORRECTION, REMOVAL OF REJECTED WORK. The Contractor shall promptly correct work rejected by the Engineer as failing to conform to the requirements of the Contract Documents, whether or not fabricated, installed or completed, so that it does comply with the Contract Documents. The Contractor shall bear the costs of correcting such rejected work, including additional testing, inspections and compensation for the Engineer's services and expenses made necessary thereby.

The Contractor shall remove, at its cost, from the site portions of the work which are not in accordance with the Contract Documents or which are not corrected by the Contractor.

The Contractor shall correct, at its cost, damaged or destroyed construction, whether completed or partially completed, of the City or separate contractors caused by the Contractor's correction or removal of work which is not in accordance with the requirements of the Contract Documents.

Any work done beyond the lines shown on the Contract Drawings or established by the Engineer, and all extra work done without written authority, will be considered as volunteer or unauthorized work. Upon order of the Engineer, unauthorized work shall be remedied, removed or replaced at the Contractor's cost.

If the Contractor fails to promptly correct non-conforming or rejected work, or to comply promptly with any order of the Engineer under this Section, the City may cause such work to be remedied, removed or replaced and the costs thereof will be deducted from any monies due or to become due the Contractor.

Failure on the part of the Engineer to reject non-conforming work shall not be construed to imply acceptance of such work.

G5.12 EQUIPMENT AND PLANTS. The Contractor shall use or permit only equipment and plants suitable to produce the quantity and quality of work and materials required, and meeting all State and federal safety requirements.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to insure the production of materials needed to complete the work in accordance with the Contractor's schedule and the Contract time.

When ordered by the Engineer, the Contractor shall remove unsuitable equipment from the work and discontinue the operations of unsafe or unsatisfactory plants.

All vehicles used on existing structures, highways and streets shall be equipped with pneumatic tires unless otherwise permitted in writing by the Engineer.

G5.13 CHARACTER OF WORKERS. The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons nor persons not properly skilled or unskilled in tasks assigned to them.

G5.14 FINAL INSPECTION. When the work has been completed, the Engineer will make A.10.d
Packet Pg. 633

General Conditions 126

the final inspection. The Contractor shall notify the Engineer in writing when it considers the work complete and shall request a final inspection.

G5.15 SUBMITTAL OF AS-BUILT DATA. The Contractor shall maintain up-to-date a separate, neat and legible set of construction drawings showing as-built conditions. The intention is that a separate full-size set of the construction drawings will be neatly and accurately marked in red pencil to show any condition, dimension, installation or location that is different from that originally shown.

Change Orders; deviations from the contract documents including drawings; the locations of installations of utilities and services, mechanical and electrical lines; details; and other work shall be incorporated and accurately shown on this set. The locations of installed underground and hidden utilities will be shown and dimensioned to appropriate reference points. No work shall be permanently concealed until the required information has been recorded. The requirement is that these as-built construction drawings and the "as-built" material and equipment drawing submittals provided will reflect the complete as-built condition of the project.

Where the contract drawings are not of sufficient size, scale, or detail, the Contractor shall furnish its own drawings for incorporation of details and dimensions. In such cases, the Contractor shall provide a reproducible set of its drawings, suitably cross-referenced to the contract drawings.

The as-built drawings will be maintained up to date on a "day by day" basis. That is, information will be recorded as it is known. Prior to any progress payments, the Engineer will review the status of the as- built construction drawings. The Engineer may withhold approval of progress payments until such time as the as-built drawings are brought up to date.

Prior to the completion of the contract, the Contractor shall furnish a satisfactory as-built construction drawing record and certify on each drawing that conditions shown are as-built. Submittal of the as- built record is made a condition for acceptance of the project and final payment under the contract.

G5.16 EMERGENCIES. In an emergency affecting the safety of life, the work, or adjoining property, the Contractor, without special instructions or authorization from the Engineer, shall act at his/her discretion to prevent such threatened loss or injury. In such an emergency, the Contractor shall perform such additional work as is required. Any compensation claimed by the Contractor on account of emergency work and determined by the Engineer to be warranted shall be determined in accordance with the provisions of Section 9 unless a more appropriate method is determined by the Engineer in his/her sole discretion.

G5.17 RIGHTS-OF-WAY. The City will provide the rights-of-way over private lands or the site for permanent works or installations, and right-of-way for access thereto, unless otherwise indicated. The Contractor will be permitted to use such land for construction purposes, but any additional right-of-way or land desired by the Contractor for construction purposes shall be provided by the Contractor without expense to the City.

A.10.d
Packet Pg. 634

General Conditions 127

SECTION 6 CONTROL OF MATERIALS

G6.01 SOURCE OF SUPPLY AND QUALITY OF MATERIALS. The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City and materials furnished by the City in accordance with force account work as described in Section G9.03. As used in this Section, the term "materials" shall mean materials and equipment furnished for incorporation in the work.

Notwithstanding any prior inspection, only materials conforming to the requirements of the Contract Documents shall be incorporated in the work.

The materials furnished and used shall be new, except as may specifically be provided elsewhere in the Contract Documents. The materials shall be manufactured, handled, and used in a workmanlike manner to ensure completed work in accordance with the Contract Documents.

The Contractor shall submit to the Engineer a list of its sources of materials and the locations at which such materials will be available for inspection. The list shall be submitted in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. The Contractor shall assure that the Engineer or his/her authorized representative has free access at all times to the material to be inspected, sampled or tested. The Engineer may inspect, sample or test materials at the source of supply or other locations. It is understood that such inspections and tests in no way shall be considered as a guaranty of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made, and that inspection and testing performed by the City shall not relieve the Contractor or its suppliers of responsibility for quality control.

Manufacturers' warranties, guaranties, instruction sheets and parts lists, which are furnished with certain materials incorporated in the work, shall be delivered to the Engineer in organized, indexed, neat and adequately bound volumes that are marked as to content before acceptance of the Contract.

Reports and records of inspections made and tests performed, when available at the site of the work, may be examined by the Contractor and the Engineer.

G6.02 CITY-FURNISHED MATERIALS. Materials furnished by the City will be available at locations designated in the Specifications, or if not designated in the Specifications, they will be available at the City Office. They shall be hauled to the site of the work by the Contractor, at its own expense, including any necessary loading and unloading that may be involved. The cost of handling and placing City-furnished material shall be considered as included in the price paid for the Contract item involving such City-furnished material.

The Contractor shall be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor, at its expense. The Contractor will be liable to the City for the cost of replacing City-furnished material, and such costs may be deducted from any monies due or to become due the Contractor. All City-furnished materials that are not used on the work shall remain the property of the City and will be delivered to the City corporation yard.

A.10.d
Packet Pg. 635

General Conditions 128

G6.03 STORAGE OF MATERIALS. Materials shall be stored by the Contractor in such a manner as to ensure their security and the preservation of their quality and fitness for the work and to facilitate inspection.

G6.04 DEFECTIVE MATERIALS. All Contractor-furnished materials not conforming to the requirements of the Contract Documents may be rejected, whether in place or not. They shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used in the work unless approval in writing has been given by the Engineer. Upon failure of the Contractor to comply promptly with any order of the Engineer made under the provisions of this Section, the Engineer may cause the removal, disposal and replacement of rejected material and deduct the cost thereof from any monies due or to become due the Contractor.

G6.05 TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:

1. The Contractor shall submit its Proposal for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the work.

2. No such Proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the Engineer. The Contractor shall satisfy the Engineer as to the comparative quality, suitability or performance of the offered materials, articles or equipment. In the event that the Engineer rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.

3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material, article or equipment. Cost of redesign by the Engineer will be borne by the Contractor.

4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any Contract requirement.

G6.06 PLANT INSPECTION. The Engineer may inspect the production of material, or the manufacture of products, at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer or his/her authorized representative shall have free entry at all times A.10.d
Packet Pg. 636

General Conditions 129

to such parts of the plant as concern the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The Engineer assumes no obligation to inspect materials at the source of supply. The responsibility of incorporating satisfactory materials in the work rests entirely with the Contractor, notwithstanding any prior inspections or tests.

G6.07 PRODUCT AND REFERENCE STANDARDS. When descriptive catalog designations, including manufacturer's name, product brand name or model number are referred to in the Contract Documents, such designations shall be considered as being those found in industry publications in effect on the day the Notice to Bidders for the work is dated.

G6.08 SAMPLES. After the award of the Contract, the Contractor shall furnish to the Engineer samples indicated in the Specifications or requested by the Engineer. Samples shall be submitted without charge, with shipping charges prepaid. Materials for which samples are required shall not be used in the work until approved in writing by the Engineer.

Each sample shall be submitted in duplicate unless otherwise directed, and shall be labeled with the following data: name of project; name of Contractor; material represented and location in the project including specification reference; and producer information including brand, model, place of origin, and other pertinent information.

The Contractor shall forward a transmittal letter to the Engineer with each shipment of samples containing the information required in the previous paragraph. Approval of a sample shall be only for the characteristics and use named in the submittal and approval shall not be construed to change or modify any Contract requirement. Before submitting samples, the Contractor shall assure himself that the materials or equipment will be available in the quantities required in the project, as no change or substitution will be permitted after a sample has been approved unless approved by the Engineer in writing.

Samples of material from local sources shall be taken by or in the presence of the Engineer if so required by the Engineer; otherwise the samples will not be considered for testing.

Approved samples not damaged in testing may be incorporated in the finished work if marked for identification and approved by the Engineer. Materials incorporated in the work shall match the approved samples.

Failure of any material to pass the specified tests will be sufficient cause for refusal to consider under this Contract any further samples of the same brand, make or source of that material. The Engineer reserves the right to disapprove any material which has previously proven unsatisfactory in service.

Samples of material delivered on the site or in place may be taken by the Engineer for testing. Failure of samples to meet Contract requirements will annul previous approvals of the item tested.

G6.09 TESTING OF MATERIALS OR WORK. Materials to be used in the work will be subject to inspection and tests by the Engineer or his/her designated representative. The Contractor shall furnish, without charge, such samples as may be required and make available locations for required in place testing.

Materials and work shall be tested in accordance with the methods in use by the State of California, Department of Transportation, or by nationally recognized testing organizations or as specified in the Contract Documents. The Engineer will make or approve all testing. Unless otherwise noted in the Specifications, testing will be made at the expense of the Contractor. In any case, in the event that A.10.d
Packet Pg. 637

General Conditions 130

any materials and work fail to pass tests, the cost of subsequent testing of similar materials and work as may be required by the Engineer shall be borne by the Contractor.

Test methods developed by the State of California, Department of Transportation are identified by the prefix Calif., followed by the serial number. Copies of individual test methods are available at the Transportation Laboratory, Sacramento, California.

Whenever a reference is made in the Specifications to a test method by Calif. number, it shall mean the test method in effect on the date of the Notice to Bidders for the work. Whenever a reference is made in the Specifications to a specification or test designation of the American Society for Testing and Materials, the American Association of State Highway Officials, Underwriters' Laboratories, Inc., or any other recognized national organization, and the number accompanying the test designation representing the year of adoption of the test has been omitted, the reference shall mean the test method in effect on the date of the Notice to Bidders for the work.

Whenever the Contract Documents provide an option between two or more test methods, the Engineer will determine the test method to be used.

Whenever a specification, manual or test designation provides for test reports (such as certified mill test reports) from the manufacturer, copies of such reports, identified as to the lot of material, shall be furnished to the Engineer. The manufacturer's test report shall supplement the inspection, sampling and testing provisions of this Section and shall not constitute a waiver of the City's right to inspect. When material which cannot be identified with specific test reports is proposed for use, the Engineer may, at his/her discretion, select random samples from the lot for testing. Testing specimens from the random samples, including those required for retest, shall be prepared in accordance with the referenced specification and furnished by the Contractor at its expense. The number of such samples and test specimens shall be entirely at the discretion of the Engineer.

G6.10 CERTIFICATE OF COMPLIANCE. A Certificate of Compliance shall be furnished prior to the use of any materials for which the Special Provisions or Specifications require that such Certificate be furnished. In addition, the Engineer may permit the use of certain materials prior to sampling and testing if accompanied by a Certificate of Compliance stating that the materials involved comply in all respects with the requirements of the Specifications. The Certificate shall be signed by the manufacturer of the material. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lots so certified shall be clearly identified in the Certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time.

The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the Contract Documents, and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as approved by the Engineer.

A.10.d
Packet Pg. 638

General Conditions 131

SECTION 7 LEGAL RELATIONS AND RESPONSIBILITIES

G7.01 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed concerning all requirements of law, including but not limited to all State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

The Contractor shall at all times observe, and shall cause all its agents and employees to observe, all such requirements of laws and shall protect, indemnify and hold harmless the City and the Engineer, and all of their respective officers, agents and employees against all claims and liabilities arising from or based on the violation of any such requirement of law whether by the Contractor or its employees.

If any discrepancy or inconsistency is discovered in the Contract Documents for the work in relation to any such requirements of laws, the Contractor shall immediately report the same to the Engineer in writing. The Contract Documents shall be governed by the laws of the State of California.

G7.02 LABOR CODE REQUIREMENTS. Attention is directed to the following requirements of the Labor Code:

A. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor shall forfeit, as penalty to the City, Twenty-Five Dollars ($25) for each workman employed in the performance of the Contract by the Contractor or by any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight hours in any one day and forty (40) hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815 thereof, inclusive, except that work performed by employees of the Contractor in excess of eight hours per day and forty (40) hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one- half (1 ½) times the basic rate of pay, as provided in said Section 1815.

B. Labor Non-Discrimination. Attention is directed to Section 1735 of the Labor Code which provides the Contractor shall not discriminate against any employee who is employed on the work because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or age of such persons, except as provided in Section 12940 of the Government Code.

C. Prevailing Wages. The Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with said Section 1775, the Contractor shall forfeit as a penalty to an amount determined by the Labor Commissioner not to exceed Fifty Dollars ($200.00) for each calendar day or portion thereof for each workman paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the Contract by him or by any subcontractor under him in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

Pursuant to the provisions of Section 1773 of the Labor Code the City shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies A.10.d
Packet Pg. 639

General Conditions 132

of the prevailing rates are on file at the City Office and are available to any interested party on request, or may be obtained directly from the DIR website at
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm . Such wage rates must be prominently posted at the construction site.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.

D. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776 and 1771.4. The Contractor shall be responsible for the compliance with these provisions by its subcontractors.

(a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.

(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

(2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.

(3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

(d) Each contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within ten (10) days after receipt of a written request.

A.10.d
Packet Pg. 640

General Conditions 133

(e) Each contractor and subcontractor shall furnish the records specified in Cal.

Labor Code section 1776 directly to the Labor Commissioner monthly in a format prescribed by the Labor Commissioner. (Cal Lab Code § 1771.4)

(f) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.

(g) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

(h) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section.

In the event that the Contractor fails to comply within the 10-day period, he/she shall, as a penalty to the State or the City, forfeit Twenty-Five Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due.

The penalties specified in subdivision (h) Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor.

The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

E. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.

F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.

Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:

"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
A.10.d
Packet Pg. 641

General Conditions 134

Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.

G7.03 AIR POLLUTION CONTROL. The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes that apply to any work performed pursuant to the Contract.

Material to be disposed of shall not be burned, either inside or outside the work site.

G7.04 WATER POLLUTION CONTROL. The Contractor shall exercise every reasonable precaution to protect streams, lakes, reservoirs, bays and coastal waters from pollution with fuels, oils, bitumens, calcium chloride and other harmful materials and shall conduct and schedule its operations so as to avoid or minimize the introduction of sediment into the stormwater system and muddying and silting of said streams, lakes, reservoirs, bays and coastal waters. Care shall be exercised to preserve roadside or other vegetation beyond the limits of construction. The use of the term "stream(s)" in this Section shall also include and mean any and all stormwater collection and conveyance systems/facilities whether private or public except when such definition is not appropriate/does not make sense.

Water pollution control work is intended to provide prevention, control, and abatement of water pollution to streams, waterways and other bodies of water, and shall consist of constructing those facilities which may be shown on the plans, specified herein or in the Special Provisions, or directed by the Engineer and instituting Best Management Practices and/or Performance Standards set forth in City's National Pollutant Discharge Elimination System Permit for the discharge of water into the waters of the State and/or conditions set forth in a project specific permit if so required by the State Water Resources Board/SF Regional Water Quality Board. Bidders and Contractor shall inform themselves of all relevant water pollution control requirements.

In order to provide effective and continuous control of water pollution it may be necessary for the Contractor to perform the Contract work in small or multiple units, on an out of phase schedule, and with modified construction procedures. The Contractor shall provide temporary water pollution control measures, Best Management Practices and Performance Standards, including but not limited to, dikes, basins, ditches, and applying straw and seed, which become necessary as a result of its operations.

The Contractor shall coordinate water pollution control work with all other work done on the Contract.

Before starting any work on the project, the Contractor shall submit, for acceptance by the Engineer, a program to control water pollution effectively during construction of the project. Such program shall show the schedule for the erosion control work included in the Contract and for all water pollution control measures that the Contractor proposes to take in connection with construction of the project to minimize the effects of its operations upon adjacent streams and other bodies of water. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Engineer, until such program has been accepted.

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the Engineer may direct the Contractor to revise its operations and its water pollution control program. Such directions will be in writing and will specify the items of work for which the Contractor's water pollution control measures are inadequate. No further work shall be performed on said items until the water pollution control measures are adequate and, if also required, a revised water pollution control A.10.d
Packet Pg. 642

General Conditions 135

program has been accepted.

The Engineer will notify the Contractor of the acceptance or rejection of any submitted or revised water pollution control program in not more than five (5) days.

The City will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised water pollution control program, nor for any delays to the work due to the Contractor's failure to submit an acceptable water pollution control program.

The Contractor may request the Engineer to waive the requirement for submission of a written program for control of water pollution when the nature of the Contractor's operation is such that erosion is not likely to occur. Waiver of this requirement will not relieve the Contractor from responsibility for compliance with the other provisions of this Section. Waiver of the requirement for a written program for control of water pollution will not preclude requiring submittal of a written program at a later time if the Engineer deems it necessary because of the effect of the Contractor's operations.

Where erosion which will cause water pollution is probable due to the nature of the material or the season of the year, the Contractor's operations shall be so scheduled that permanent erosion control features will be installed concurrently with or immediately following grading operations.

Nothing in the terms of the Contract nor in the provisions in this Section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of water pollution.

The Contractor shall also conform to the following provisions:

1. Where working areas encroach on streams, barriers adequate to prevent the flow of muddy water into streams shall be constructed and maintained between working areas and streams, and during construction of such barriers, muddying of streams shall be held to a minimum.

2. Removal of material from beneath a flowing stream shall not be commenced until adequate means, such as a bypass channel, are provided to carry the stream free from mud or silt around the removal operations.

3. Should the Contractor's operations require transportation of materials across streams, such operations shall be conducted without muddying the stream. Mechanized equipment shall not be operated in the stream channels of such streams except as may be necessary to construct crossings or barriers and fills at channel changes.

4. Water containing mud or silt from aggregate washing or other operations shall be treated by filtration, or retention in a settling pond, or ponds, adequate to prevent muddy water from entering streams.

5. Oily or greasy substances originating from the Contractor's operations shall not be allowed to enter or be placed where they will later enter a stream.

6. Portland cement or fresh portland cement concrete shall not be allowed to enter flowing water of streams.

7. When operations are completed, the flow of streams shall be returned as nearly as possible to a meandering thread without creating possible future bank erosion and settling, A.10.d
Packet Pg. 643

General Conditions 136

pond sites shall be graded so they will drain and will blend in with the surrounding terrain.

8. Material derived from roadway work shall not be deposited in a stream channel where it could be washed away by high stream flows.

9. Where there is possible migration of anadromous fish in streams affected by construction on the project, the Contractor shall conduct its operations so as to allow free passage of such migratory fish.

Compliance with the requirements of this Section shall in no way relieve the Contractor from its responsibility to comply with the other provisions of the Contract, in particular its responsibility for damage and for preservation or property.

Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.

G7.05 REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES. Pursuant to California Government Code section 4215, the City or other appropriate utility company shall identify and provide for the timely removal, relocation or protection of any existing main or trunkline utility facilities located on the site of the work to be completed with reasonable accuracy in the plans and specifications made part of the invitation for bids. If the contractor discovers utility facilities not identified by the City or others while performing the work, the Contractor shall immediately notify the City and owner of the utility in writing. For those utilities discovered by the Contractor, the City or other appropriate party as required will compensate the Contractor for the costs of locating, removing or relocating such utility facilities; repairing damage not due to the failure of the contractor to exercise reasonable care; and for equipment on the project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delays in completion of the project due to the failure of the City or owner of the utility to provide for removal or relocation of such utility facilities. The Contractor shall contact the regional notification center, "Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.

G7.06 SUBSURFACE EXCAVATIONS, NOTIFICATION.

The following provisions, drawn from Section 7104 of the Public Contracts Code, shall apply to any work which involves digging trenches or other excavations which extend deeper than four feet below the surface:

The Contractor shall promptly, and before the following conditions are disturbed, notify the District, in writing, of any:

Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

Subsurface or latent physical conditions at the site differing from those indicated.

Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

A.10.d
Packet Pg. 644

General Conditions 137

The District shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the Contract.

In the event that a dispute arises between the Owner and the Contractor as to whether the conditions materially so differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests.

G7.07 SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

G7.08 USE OF PESTICIDES. The Contractor shall comply with all rules and regulations of the Department of Food and Agriculture, the Department of Health, the Department of Industrial Relations and all other agencies, which govern the use of pesticides required in the performance of the work on the Contract.

Pesticides shall include but shall not be limited to herbicides, insecticides, fungicides, rodenticides, germicides, nematocides, bactericides, inhibitors, fumigants, defoliants, desiccants, soil sterilants, and repellents.

Any substance or mixture of substances intended for preventing, repelling, mitigating or destroying weeds, insects, diseases, rodents or nematodes and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant shall be considered as pesticide.

G7.09 WEIGHT LIMITATIONS. Unless expressly permitted in the Technical Specifications, the Contractor shall not operate construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limits set forth in Division 15 of the Vehicle Code, over completed or existing base, surfacing, pavement or structures.

G7.10 PAYMENT OF TAXES. The Contract prices paid for the work shall include full compensation for all taxes which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate nor any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Contract.

The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether State or Federal, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

G7.11 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses A.10.d
Packet Pg. 645

General Conditions 138

(except those procured or to be procured by the City which are listed in the Special Provisions or Specifications), procure a City of Hollister business license, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

The Contractor shall comply with permits obtained by the City for the work, which are listed in the Special Provisions or Specifications.

G7.12 PATENTS. The Contractor shall assume all costs arising from the use of patented materials, equipment, devices or processes, used on or incorporated in the work and shall indemnify and save harmless the City, the Engineer, and their duly authorized representatives from all suits at law, or actions of every nature for, or on account of, the use of patented materials, equipment, devices or processes. In case such materials, equipment, devices or processes are held to constitute an infringement and their use enjoined, the Contractor, at its expense, shall: (a) secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or (b) replace such materials, equipment, devices or processes, or (c) modify them so that they become non-infringing or remove the enjoined materials, equipment, devices or processes and refund the sums paid therefor without prejudice to any other rights of the City or the Engineer.

G7.13 SAFETY REQUIREMENTS. The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, enforce compliance with the safety and first aid requirements prescribed by applicable State and Federal laws and regulations, rules and orders and as may be necessary to the end that work shall be done in a safe manner and that the safety and health of the employees and the people of local communities is safeguarded. The Contractor shall comply with OSHA regulations applicable to Contractor regarding necessary safety equipment or procedures. In the event of conflicting requirements, the most stringent requirement as it pertains to the Contractor’s safety responsibility applies.

Compliance with the provisions of this Section by subcontractors shall be the responsibility of the Contractor. All installed material, equipment and structures, without separate charge therefor to the City, shall fully conform with all applicable State and Federal safety laws, rules, regulations and orders and it shall be the Contractor's responsibility to furnish only such material, equipment and structures, notwithstanding any omission in the Contract Documents thereof or that a particular material, equipment or structure was indicated. During the performance of the work, the Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Upon the failure of the Contractor to comply with any of the requirements of this Section, the Engineer shall have the authority, but not the duty, to stop any operations of the Contractor affected by such failure until such failure is remedied. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for increased costs or damages by the Contractor. In no case shall the actions of the Engineer impose a duty of care on the City.

The Contractor shall maintain an accurate record of, and shall report to the Owner in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract. If death A.10.d
Packet Pg. 646

General Conditions 139

or serious injuries or serious damages are caused, the accident shall be reported to the City immediately by telephone or messenger. In addition, the Contractor shall furnish the City with a copy of the Employer’s Report of Injury immediately following any incident requiring the filing of said report during the prosecution of the Work. The Contractor also shall furnish the City with a copy of the Employer’s Report of Injury involving any subcontractors on the project. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the Work being performed under the Contract.

The Contractor may not submit a claim for extension of time or for extra costs or for any damages as a result of any stop work order for items related to this Section that is issued by a proper authority, including the City.

No provisions of this Contract will act to make the City and Engineer/Architect, its consultants, or any other party other than the Contractor responsible for safety. The Contractor will indemnify, defend, and hold harmless the City, its officers, employees, and agents from and against any and all actions, damages, fines, and loses arising from the Contractors failure to meet all the safety requirements or provide a safe work site.

G7.14 TRENCH EXCAVATION SAFETY PLAN. Attention is directed to California Labor Code section 6705. At least five (5) days in advance of excavation of any trench five feet or more in depth, the Contractor shall submit to the Engineer for acceptance a detailed plan showing the design of shoring, bracing, sloping and other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the State Construction Safety Orders, the plan shall be prepared and signed by a registered civil or structural engineer. Nothing in this Section shall be deemed to allow the use of a shoring, sloping or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this Section shall be construed to impose liability on the City, the Engineer or any of their employees.

Acceptance by City or Engineer/Architect constitutes acknowledgement of the submission, and does not constitute review or approval of the designs, design assumptions or criteria, completeness of submission, applicability to areas of intended use or implementation of the plan, all of which are solely the responsibility of the Contractor.

G7.15 SANITARY PROVISIONS. The Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the State, and to County, City and municipal laws and ordinances as may be applicable. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by the Contractor. Their use shall be strictly enforced. City sanitary facilities will not be available for use by the Contractor's employees, except where specifically designated in writing by the Engineer.

G7.16 PUBLIC CONVENIENCE. The Contractor shall so conduct its operations as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public.

All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. The Contractor shall obtain approval of its plans for the routing and control of traffic from the appropriate city, county or State agency. Where the temporary rerouting or closing to traffic of any public street or highway is necessary, the Contractor shall make all necessary arrangements with the appropriate city, county or State agency.

A.10.d
Packet Pg. 647

General Conditions 140

All trucks coming to the site or leaving the site with materials or loose debris shall be loaded in a manner that will prevent dropping of material or debris on public streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately at the Contractor's expense.

Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to owners of abutting property. Convenient access to driveways, houses and buildings along the line of work shall be maintained, and temporary approaches to roads or highways shall be provided and kept in good condition. Roadway excavations shall be conducted in such a manner as to provide a reasonably smooth and even surface satisfactory for use by public traffic at all times.

For work in public right-of-way, the Contractor shall comply with the rules and regulations of the State, County or local agency that owns the right-of-way.

All costs of complying with public convenience requirements of the City or other agencies shall be included in the Contract price.

The Engineer shall have the authority, but not the duty, to stop the Contractor from beginning new work until the provisions of this Section have been met.

G7.17 PUBLIC SAFETY. The Contractor shall assume all responsibility for public safety during construction, and all costs arising therefrom shall be included in the Contract amount. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall furnish, erect and maintain, at its expense, such fences, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions. For work in public right- of-way, the Contractor shall comply with the rules and regulations of the State, County, City or local agency that owns the right-of- way.

G7.18 PRESERVATION OF PROPERTY. Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed.

Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored at the Contractor's expense.

The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications if any such objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the Contract.

The fact that any underground facility is not shown on the Contract Plans shall not relieve the Contractor of its responsibility under Section G8.14, "Non-City Facilities," of the General Conditions. It shall be the Contractor's responsibility, pursuant thereto, to ascertain the location of such A.10.d
Packet Pg. 648

General Conditions 141

underground improvements or facilities that may be subject to damage by reason of its operations.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section, shall be considered as included in the prices paid for the various Contract items of work and no additional compensation will be allowed therefor.

G7.19 RESPONSIBILITY FOR DAMAGE. Neither City, nor any of its Councilmembers, officers, employees, the Engineer, representatives, consultants, engineers, attorney or insurers shall be liable, responsible, answerable or accountable in any manner from any of the following: (1) damage to the work itself or any part thereof, or any machinery, equipment, materials, supplies or facilities or appurtenances of any person or entity used in connection with the work hereunder; (2) personal injury (including, without limitation, physical injury, mental or emotional injury or distress and loss of consortium) or wrongful death to any person (including without limitation personal injury or wrongful death to any of the following (who shall hereinafter be referred to as "Potential Claimants"): Contractor; all subcontractors; consultants; the owners, lessees, sublessees, tenants and other occupiers of the property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project; the employees, agents, representatives, business invitees of any of the foregoing; any third persons and members of the public; and City and its Councilmembers, agents, employees and consultants; (3) property damage to the real, personal or intangible property of any person, firm or entity, including without limitation that of any Potential Claimant; (4) Business losses and business interruption losses suffered by any owners, lessees, sublessees, tenants or other occupiers of the real property upon, over or in which the work hereunder is being performed or of any property near, adjacent thereto, or in the vicinity of such property, affected by such work or by construction of the project. The matters from which City is absolved from liability or responsibility under the foregoing provisions of this Section shall be referred to collectively as "Potential Liabilities and Claims."

To the maximum extent permitted by law, the Contractor shall be responsible for and shall indemnify, defend and save harmless the City, its Councilmembers, officers, employees, the Engineer, agents, representatives, engineers, consultants, attorneys and insurers ("Indemnitees") from and against any claims, demands, actions, causes of action, costs, expenses, liabilities, fines, penalties, judgments, liens, losses and damages of any kind whatsoever (including, without limitation, the Potential Liabilities and Claims), arising from any breach or failure of Contractor to perform its obligation or duties under this Agreement, from Contractor's activities, actions and conduct in performing the work hereunder or from any other cause whatsoever during the progress of the work or at any time before its final completion and acceptance. The duty of the Contractor to indemnify and save harmless includes the duties to defend (by legal counsel satisfactory to the City) as set forth in Section 2778 of the Civil Code and to pay attorney's fees and litigation costs required by such defense.

With respect to third party claims against Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its Councilmembers, officers, employees, the Engineer, representatives, agents, consultants, engineers, attorneys and insurers. It is the intent of the parties that the Contractor's duties of defense and indemnity apply and are in full and undiminished force and effect hereunder regardless of the existence or degree of negligence or other fault on the part of the parties herein indemnified or on the part of any other person, firm or entity, save and except the active negligence or willful misconduct of City, its Councilmembers, consultants, engineers, officers, or employees and the Engineer. Should any part of the indemnity provisions of this Section be held invalid or unenforceable, the Contractor shall nonetheless be responsible to indemnify and defend and save each of the Indemnitees hereunder harmless to the maximum extent A.10.d
Packet Pg. 649

General Conditions 142

provided by law. The requirements of this provision shall survive termination of the contract. Pursuant to Public Contract Code Section 9201, the City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time.

G7.20 RESPONSIBILITY FOR WORK AND MATERIALS. Until the acceptance of the Contract, the Contractor shall have the charge and care of the work and of the materials to be used therein, including materials for which he has received partial payment, and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. Relief from maintenance and responsibility for a portion of the total work will not be granted by the City, unless specifically provided for in the Special Provisions. The Contractor shall rebuild, repair or restore all injuries, losses or damages to any portion of the work and materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Should such injuries, losses or damages be caused by a third party, Contractor shall remain responsible and shall pursue on its own any proper response or payment by such third party for the injury, loss or damage. Where necessary, the Contractor shall, at its expense, provide suitable drainage and erect such temporary structures as are necessary to protect the work and materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of its responsibility for the work and materials as herein specified. The Contractor shall properly store materials that have been partially paid for by the City. Such storage by the Contractor shall be on behalf of the City and the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored except on written authorization from the Engineer.

G7.21 CONTRACTOR'S LIABILITY INSURANCE.

A. Contractor shall purchase from and maintain in full force and effect from a company or companies lawfully authorized to do business in California (and acceptable to the City) policies of liability insurance as will protect the Contractor and the City, its Councilmembers, officers, agents, employees, the Engineer, representatives, engineers, consultants and attorneys from claims set forth below which may arise out of or result from the Contractor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:

1. claims under workers' compensation, disability benefits and any other similar employee benefit acts, statutes, rules or regulations which are applicable to the work;

2. claims for damage because of bodily injury, mental or emotional distress, occupational sickness or disease, or death of the Contractor's employees and loss of consortium claimed to be suffered by a spouse of such an employee;

3. claims for damages because of bodily injury, mental or emotional injury or distress, sickness or disease, loss of consortium or death of any person other than the Contractor's employees;

4. claims for damages insured by comprehensive personal injury liability coverage which are sustained by (1) a person as a result of an offense, act or omission directly or indirectly related to employment of such person by the Contractor, or (2) by another person; A.10.d
Packet Pg. 650

General Conditions 143

5. claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom;

6. claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; and

7. claims arising from or covered by the Contractor's indemnity obligations under Section

B. The liability insurance required by Paragraph A shall include all major divisions of coverage and be on a comprehensive basis including:

1. Course of Construction/Property Damage/Premises Operations (Including X, C & U coverages)

2. Independent Contractors' Protective

3. Products and Completed Operations

4. Personal Injury Liability with Employment Exclusion deleted

5. Broad Form Blanket Contractual, including specified provision for Contractor's obligation under Section G7.19

6. Automobile liability coverage for Owned, Non-Owned and hired motor vehicles

7. Broad Form Property Damage, including Completed Operations.

C. The liability insurance required by Paragraph A shall be written for not less than the limits of liability specified in the Special Provisions or as required by law, whichever is greater.

Coverages shall be written on an occurrence basis and shall be maintained without interruption from the date of commencement of work until the date of acceptance and final payment, and thereafter as may be required in the Special Provisions.

D. City, its Councilmembers, officers, employees, the Engineer, consultants, engineers, agents, and attorneys shall be named as additional insureds on the Contractor's and subcontractor's liability coverage policies.

E. In the event any work is subcontracted, the Contractor shall require the subcontractors to provide statutory workers' compensation insurance and employer's liability insurance for all of the subcontractors' employees engaged in such work. In addition, the Contractor shall be responsible for any liability directly or indirectly arising out of the work performed by a subcontractor, to the extent such liability is not covered by the subcontractor's insurance.

F. Within fifteen (15) calendar days from date of the notice of award, Contractor shall furnish to the City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. Such certificates shall show the type, amount, class of operations covered, effective dates and date of expiration of policies and shall contain substantially the following statements:

A.10.d
Packet Pg. 651

General Conditions 144

1. That the insurance covered by this certificate shall not be canceled (or not renewed) and coverage will not be materially altered without thirty (30) days' prior written notice to City.

2. That the City, its Councilmembers, officers, employees, agents, the Engineer, consultants, engineers, agents and attorneys are additional insureds on the policies.

3. That the policy is primary insurance and the company providing such policy shall be liable thereunder for the full amount of any claim or loss up to and including the total limits of liability, without right of contribution from any other insurance maintained by the City or the other additional insureds.

4. That the policy provides that inclusion of the City as an insured shall not affect the City's rights as respects any claim, demand, suit or judgment brought or recovered against the Contractor. Said policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but nothing in said policy shall operate to increase the company's liability as set forth in this policy beyond the amount shown or to which the company would have been liable if only one interest had been named as an insured.

5. That such policy applies separately to each insured or additional insured against whom claim is made or suit is brought.

6. That such policy shall provide for severability of interests.

7. That an act or omission of one of the insureds which would void or otherwise reduce coverage shall not do so as to as to any other insured.

Upon City's requirement, copies of each such policy of insurance and all endorsements shall also be promptly delivered to City.

G. The Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not be interpreted as relieving Contractor from any obligation under the Contract Documents. If any claim is made by any third person against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the insurance carrier and the City.

H. If Contractor fails to procure and maintain any insurance required under this Section, the City may take out and maintain, at the Contractor's expense, such insurance as the City may deem proper and deduct the cost thereof from any monies due the Contractor.

I. For projects located within public right of way, additional insurance requirements may be imposed by the owner of the right of way as a condition of issuing an encroachment or street opening permit to the Contractor. The Contractor shall provide such insurance at its sole cost and expense.

G7.22 PROPERTY INSURANCE. Unless otherwise provided in the Special Provisions, the Contractor will purchase and maintain, in a company or companies lawfully authorized to do business in California, and acceptable to the City, property insurance upon the entire work, in the amount of the Contract price on a replacement cost basis. Such property insurance shall be maintained until final payment has been made.

A.10.d
Packet Pg. 652

General Conditions 145

Property insurance shall be on an all-risk policy form (commonly known as "Builder's Risk-All Risk") and shall insure against the perils of earthquake, landslide, flood, collapse, loss due to the result of faulty workmanship or design, and all other risks and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. This insurance shall insure the interests of the Owner, the Contractor, and subcontractors in the work. Contractor and City will be named as additional insureds on the policy.

The property insurance may contain deductibles not to exceed the amounts specified in the Special Provisions. If no amounts are specified, the insurance shall be written without deductibles. The Contractor shall pay costs not covered because of such deductibles.

Complete copies of each policy of insurance and certificates of each policy, in form and substance satisfactory to City, shall be filed with City within fifteen (15) calendar days after date of notice of award.

The policies and certificates shall provide:

(1) that City is included as a named insured;

(2) that losses shall be payable to Contractor and City as their interests appear; and

(3) the policy will not be canceled, nor coverage materially altered, without thirty (30) days' prior written notice to City.

G7.23 DISPOSAL OF MATERIAL OUTSIDE THE WORK SITE. Unless otherwise specified in the Specifications, the Contractor shall make its own arrangements for disposing of materials outside the work site and he shall pay all costs involved.

When any material is to be disposed of outside the work site, the Contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made and he shall file with the Engineer said permit or a certified copy thereof, together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property, and before any material is disposed of on said property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in said permit.

When material is disposed of as above provided and the disposal location is visible from a highway, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.

G7.24 COOPERATION. Should construction be under way by other forces or by other contractors within or adjacent to the limits of the work specified, or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided.

The right is reserved to perform other or additional work at or near the site at any time, by the use of other forces.

When two or more contractors are employed on related or adjacent City work, each shall conduct its operations in such a manner as not to cause any unnecessary delay or hindrance to the other. Each contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by its operations, and for loss caused the other due to its unnecessary delays or failure to finish the work within the time specified for completion.

A.10.d
Packet Pg. 653

General Conditions 146

G7.25 OCCUPANCY PRIOR TO ACCEPTANCE. The City reserves the right to occupy all or any part of the project prior to completion of the entire Contract, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the City.

If the Contractor carries insurance against damage to such premises or against liability to third persons covering the premises so used and occupied by the City, and if such occupancy results in increased premiums for such insurance, the City will pay to the Contractor the added cost for such insurance during the period of occupancy.

Such occupancy does not constitute acceptance by the City either of the complete work or of any portion thereof, nor will it relieve the Contractor of full responsibility for correcting defective work or materials found at any time before the formal written acceptance of the entire Contract by the City or during the full guarantee period after such acceptance.

G7.26 ACCEPTANCE OF THE WORK. When the Engineer has made the final inspection as provided in Section G5.14 and determines that the work has been completed in all respects in accordance with the Contract Documents, he will recommend that the City formally accept the work.

Immediately upon and after such formal written acceptance by the City, the Contractor will be relieved of the duty of maintaining the work as a whole, and he will not be required to perform any further work thereon except as provided in Sections G4.15, "GUARANTY OF WORK" and G4.16, "CORRECTION OF WORK DURING WARRANTY PERIOD."

G7.27 PROPERTY RIGHTS IN MATERIALS. Nothing in the Contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or soil or after partial payment has been made for material delivered on the ground or stored subject to or under the control of the City and unused. All such material shall become the property of the City upon being so attached or affixed or upon payment for materials delivered on the ground or stored subject to or under the control of the City and unused, as provided in Section 9.

G7.28 RIGHTS IN LAND AND IMPROVEMENTS. The Contractor shall make no arrangements with any person to permit occupancy or use of any land, structure or building within the limits of the work, for any purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner or tenant of such land, structure or buildings.

The Contractor shall not occupy City-owned property outside the limit of the work as shown on the Contract Drawings unless he obtains prior written approval.

G7.29 ANTITRUST CLAIMS. The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b) which shall be applicable to the Contractor and its subcontractors:

"In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the A.10.d
Packet Pg. 654

General Conditions 147

parties."

G7.30 ACCESS TO THE WORK. The Contractor shall satisfy himself that the jurisdictions through which its operations and haul routes pass will permit such operations with respect to type of vehicle, laden weights, frequency and dimensions of loads, hours of operation and required traffic control. All necessary permits, licenses or bonds shall be obtained and paid for by the Contractor.

G7.31 PERSONAL LIABILITY. Neither the City's Councilmembers, City Manager, City Clerk, City Attorney, Engineer, Officers, Agents, Representatives nor Employees shall be personally responsible for any liability arising under or by virtue of this Contract.

G7.32 THIRD PARTY RIGHTS. Nothing in the Contract is intended to create the public or any member thereof a third party beneficiary hereunder.

G7.33 INDEPENDENT CONTRACTOR STATUS. The Contractor shall independently perform all work under this Contract and shall not be considered as an agent or employee of the City, nor shall the Contractor's subcontractors or employees be considered as subagents of the City.

G7.34 HAZARDOUS CHEMICALS AND WASTES. The Contractor shall bear full and exclusive responsibility for any release of hazardous or nonhazardous chemicals or substances during the course of performance of this Contract and for all proper and required reporting, cleanup and disposal and other activities as may be required by law or regulation. The Contractor shall immediately report any such release to the Engineer. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this Section only, the term "claims" shall include (i) all notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and (ii) any claim, cause of action, or administrative or judicial proceeding brought against the City, its Councilmembers, officers, agents or employees, or for any loss, cost (including reasonable attorney's fees), damage or liability, sustained or suffered by any person or entity, including City.

If the performance of the work outlined by these contract specifications creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The contractor shall notify the Engineer of any such hazardous wastes and the City reserves the right to a copy of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.

A.10.d
Packet Pg. 655

General Conditions 148

SECTION 8 PROSECUTION AND PROGRESS

G8.01 SUBCONTRACTING. The Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its direct control and supervision.

No subcontractor will be recognized as such and nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is as fully responsible to the City for the acts and omissions of the Contractor’s subcontractors and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by Contractor.

The Contractor shall perform with its own organization Contract work amounting to not less than fifty percent (50%) of the original total Contract price, unless otherwise specified in the Special Provisions.

Where an entire item is subcontracted, the value of the subcontracted work will be based on the Contract item bid price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract item bid price, determined from information submitted by the Contractor, subject to approval by the Engineer.

Attention is directed to the requirements of (commencing with California Public Contract Code Section 4100) the California Public Contract Code, which are applicable to this Contract. Each bidder shall list in its Bid the name and business address of each subcontractor to whom the bidder proposes to subcontract a portion of the work, and shall list each subcontractor, licensed by the State of California, proposed by the bidder to specially fabricate and install a portion of the work. Said list shall include a description of the portion of the work which shall be done by each subcontractor. The bidder shall execute and submit with its Bid the "List of Subcontractors" on the form included in this book. Additional forms may be obtained from the Engineer. The Contractor shall not, without the written consent of the City, either substitute any person as subcontractor in place of the subcontractor designated in the original List of Subcontractors, or sublet or subcontract any portion of the work in excess of one-half of one percent of the total amount of its proposal for which he did not originally designate a subcontractor.

When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately by Contractor on the request of the City, and shall not again be employed on the work.

The on-site production of materials produced by any person or entity other than the Contractor's forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the work, shall conform to the requirements relating to labor set forth in the Contract Documents.

The Contractor shall require, by written agreement, each subcontractor to be bound to the Contractor by terms of the Contract Documents and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by the Contract Documents, assumes toward the City, to the extent of the work to be performed by the subcontractor. Each subcontract agreement shall preserve and protect the rights of the City under the Contract Documents with respect to the work to be performed by the subcontractor, so that subcontracting will not prejudice such rights.

A.10.d
Packet Pg. 656

General Conditions 149

G8.02 ASSIGNMENT. The performance of the Contract may not be assigned by Contractor except upon the written consent of the City. Consent will not be given to any proposed assignment which would relieve the original Contractor or its surety of their responsibilities under the Contract nor will the City consent to any assignment of a part of the work to be performed under the Contract.

The Contractor may assign monies due or to become due him under the Contract and such assignment will be recognized by the City, if given proper notice thereof, to the extent permitted by law, but any assignment of monies shall be subject to all proper set-offs in favor of the City and to all deductions provided for in the Contract, and particularly all money withheld, whether assigned or not, shall be subject to being used by the City for the completion of the work in the event that the Contractor should be in default therein.

G8.03 NOTICE TO PROCEED. As soon as practicable after execution of the Contract by the City, approval by the City of the Contract Bonds and all other documents listed in the Contract, and after receipt of acceptable insurance certificates by the City, and any other items as may be required in the Contract Documents, a written Notice to Proceed will be mailed or hand delivered to the Contractor. The effective date of the Notice to Proceed will be the date stated as such in the Notice to Proceed, provided that the effective date will not be earlier than the calendar day following the issuance of the Notice to Proceed.

G8.04 BEGINNING OF WORK. The Contractor is not authorized to perform any work on the Project until he has received a Notice to Proceed from the City. No later than ten (10) calendar days after the effective date of such Notice to Proceed, the Contractor shall commence work and shall diligently prosecute the same to completion within the time limit provided in the Special Provisions.

The Contractor shall notify the Engineer, in writing, of its intent to begin work at least 72 hours before work is begun and shall specify the date the Contractor intends to start. If the Project has more than one location of work, a separate notice shall be given for each location.

Should the Contractor begin work in advance of receiving the Notice to Proceed and providing notice to the Engineer, any work performed by Contractor in advance of such notice shall be considered as having been done by Contractor at its own risk and as a volunteer.

G8.05 SCHEDULES AND PROGRESS REPORTS. The Contractor shall, within the time specified in the Special Provisions after the effective date of the Notice to Proceed, submit to the Engineer the specified number of copies of a construction schedule covering its operations for the work.

Failure to submit at any time a proper and adequate schedule as specified shall be adequate reason alone to delay approval of any partial payments as an improperly submitted payment request until such required schedule is submitted and accepted. The construction schedule shall be in the form required by the Special Provisions or Specifications. The schedule shall show the order in which the Contractor proposes to carry out the work and the dates on which he expects to start and finish each part or division of the work (including procurement of materials, plant and equipment). The construction schedule shall be consistent with the time and order of work requirements of the Contract Documents and shall provide for expeditious and practicable execution of the work; provided that it shall not show a completion date earlier than the date by which the Contract must be completed pursuant to Section G8.07 and the corresponding Special Provision unless this early completion date was submitted with the Contractor's Proposal and the Contractor agrees to sign a Change Order reducing the completion time to that proposed by its schedule. If the Contractor desires to revise its construction schedule, or if it becomes necessary to revise it due to major changes, he shall submit the specified number of copies of the revised schedule for review and comment by the Engineer.

The Contractor shall, within ten (10) days after the effective date of the Notice to Proceed, also submit A.10.d
Packet Pg. 657

General Conditions 150

to the Engineer three copies of a schedule of submittals which is coordinated with the Contractor's construction schedule and within the review times provided in the Contract Documents.

For a payment request to be complete and proper, the Contractor shall submit to the Engineer, at the time of submittal of the invoice for work completed (See Section G9.08), a schedule summary report in a form and of sufficient detail and character as specified in the Special Provisions. The schedule summary report shall include the updated current construction schedule and shall specify whether the project is on schedule and, if not, the reasons therefor and actions being taken to get back on schedule if work is behind schedule. The monthly schedule summary report shall also indicate the delivery status of major and critical items of purchased equipment and material, the status of shop drawings and field fabricated work and such other information as may be required and set out in the Special Provisions.

G8.06 SITE MEETINGS. The Contractor shall schedule meetings with the Engineer and each active subcontractor at the work site weekly, or at such other frequency as specified in the Special Provisions. Each subcontractor shall have present a competent representative to report the conditions of its work and to discuss problems.

G8.07 TIME OF COMPLETION. The Contractor shall complete all or any designated portion(s) of the work called for under the Contract in all parts, manner and requirements within the time set forth in the Special Provisions.

G8.08 ADDITIONAL SHIFT WORK. The time limits specified for the completion of the work contemplated may be insufficient to permit completion of the work by the Contractor working a normal number of hours per day or week on a single shift basis. Where additional shifts or premium time pay are necessary to ensure that the work will be completed within the time limits specified, any resulting additional costs will be considered to be included in the price paid for the various Contract items of work and no additional compensation to Contractor will be allowed therefor.

If the Contractor desires to carry on work at night or outside regular working hours, he shall give timely written notice to the Engineer to allow satisfactory arrangements to be made for observing the work in progress.

G8.09 CITY'S RIGHT TO STOP THE WORK. If the Contractor fails to promptly correct work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out work in accordance with the Contract Documents, the Engineer may, in writing, order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. The Contractor shall immediately comply with a written order of the Engineer to stop the Work. The Work stopped shall be resumed as and when ordered by the Engineer.

G8.10 LIQUIDATED DAMAGES. It is agreed by the parties herein to the Contract that in case all the work called for under the Contract, in all parts and requirements, is not completed within the number of days as set forth in the Special Provisions, damage will be sustained by the City and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor shall pay to the City, as liquidated damages for delay and not as a penalty, the sum set forth in the Special Provisions per day for each and every calendar day's delay in completing the work in excess of the number of days prescribed; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract if the Contractor has not paid within seven (7) days any demand from the City for liquidated damages. If, based on the current A.10.d
Packet Pg. 658

General Conditions 151

approved progress schedule and rate of progress, it is determined by the Engineer that completion will exceed the Contract time, as extended by any change orders, the Engineer may prospectively assess and withhold liquidated damages from any progress payments to Contractor. If and at such time as progress by Contractor improves to indicate timely completion, liquidated damages so withheld may be released at the next regular progress payment.

G8.11 DELAYS AND EXTENSIONS OF TIME. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work beyond the time set forth in the Special Provisions caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor or subcontractor. Examples of such causes include acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes and other work stoppages caused by a labor dispute, shortage of materials as conditioned below, and freight embargoes, changes made under Section 4.04 ("Changes") or acts or neglect of the City or Engineer not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following: (1) that the cause is not due in any respects to the fault of the Contractor or subcontractor and the Contractor has taken reasonable precautions to prevent delays due to such cause, (2) that the Contractor has developed and implemented work-around plans, schedules and actions to mitigate or avoid project completion delays to the extent practical and possible, (3) that any delayed activities are on the critical path and (4) that the Contractor notifies the Engineer in writing within ten (10) calendar days from the beginning of such delay specifying the nature of the delay, the number of days actually delayed or expected to be delayed and the measures taken to prevent, mitigate or minimize the delay. Failure by Contractor to submit written notice to the Engineer within this time shall constitute an absolute waiver by Contractor of any claim for a time extension; failure to submit all the required information by Contractor shall be sufficient cause for denial of the request for a time extension; and failure by Contractor to have a current and updated schedule on file with the Engineer at the time of request for a time extension or claim of delay shall be sufficient cause alone for the City to reject a claim and deny a request for a time extension.

Further, no extension of time will be granted to Contractor for a delay caused by a shortage of or delay in delivery of materials, unless the Contractor promptly furnishes to the Engineer documentary proof that he has diligently made on a timely basis every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as required in Section G8.05, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire work which could not be compensated for by revising the sequence of the Contractor's operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the Engineer that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.

The term "shortage of materials," as used in this Section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract.

No extension of time will be granted for storms or adverse weather conditions which may reasonably be expected for the area in which the work is being performed, based on official records of monthly precipitation and other historical data. The intensity alone of any single or series of storms shall not be the basis for a time extension. In submitting a bid the bidder is certifying its understanding of the conditions for any time extension for storms or adverse weather and that he has included full consideration of delays in work due to weather conditions that reasonably can be expected in the project A.10.d
Packet Pg. 659

General Conditions 152
area.

No extensions of time will be granted for delays that have no measurable impact on the completion of the total work under the Contract. When extensions of time are granted, they will be limited to the period equivalent to the actual number of workdays lost on the critical path or controlling operation of construction, taking into account the extent to which that delay could be decreased by reasonable mitigation and work around measures by the Contractor or its subcontractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it.

Within a reasonable period of time after the Contractor submits the notice and information required by this Section, the Engineer will determine whether an extension of time is justified and, if so, the number of days for the extension.

The Contractor shall have no claim for damage or compensation against City for any delay or hindrance and shall be fully compensated by an extension of time provided as set forth in this Section.

Notwithstanding the preceding sentence, the Contractor may only submit a claim for compensable delay caused by acts or omissions of the City but only if such acts or omissions: (1) cause delay which is unreasonable in the circumstances and (2) are not such as to be within the contemplation of the parties.

It is expressly agreed that delays by the City in providing access to the work site are not within the contemplation of the parties but that delays by the City in reviewing shop drawings and submittals and the risk of delays due to errors or omissions in the Contract Drawings are within the contemplation of the parties as expectable events in the construction process.

G8.12 TERMINATION OF RIGHT TO PROCEED. If the Contractor should appear to the Engineer to be in default and the Contractor fails to remedy its default within ten (10) days after receipt from the Engineer of notice of such default, the City may terminate the Contractor's right to proceed with the Work or that portion which the Engineer determines is most directly affected by the default.

The term "default" for purposes of this Section includes, but is not limited to, the performance of work in violation of the terms of the Contract; abandonment, assignment or subletting of the Contract without approval of the City; bankruptcy of Contractor or appointment of a receiver for Contractor's property; refusal or failure by Contractor to properly to prosecute the work; Contractor’s use of materials, supplies, plant or equipment of improper quality or quantity; refusal or failure by Contractor to use an adequate number of properly skilled workers; failure by Contractor to provide proper workmanship; failure by Contractor to take effective steps to end a prolonged labor dispute; and Contractor’s performance of the Contract in bad faith.

Upon the City's termination of the Contractor's right to proceed with the Work, or a portion of it, the City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion.

The expense of completing such work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be A.10.d
Packet Pg. 660

General Conditions 153

due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Contract, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due to the City.

The City may, in its sole discretion, withhold all or any part of any progress payments otherwise due the Contractor until completion and final settlement of the work covered by such notice of default.

G8.13 TERMINATION OF CONTRACT.

A. Termination for Cause. The City may terminate the Contract if the Contractor:

1. persistently or repeatedly fails or refuses to supply enough properly skilled workers or proper materials;

2. fails to make payment to subcontractors for materials or labor in accordance with the respective agreements between the Contractor and subcontractor;

3. persistently disregards laws, ordinances or rules, regulations or orders of a public authority having jurisdiction; or

4. otherwise is guilty of a material breach of a provision of the Contract Documents. A "default" as defined in Section G8.12 shall constitute a substantial breach of the Contract Documents.

When any of the above reasons exist, the City may, without prejudice to any other rights or remedies of the City under this Contract or otherwise, upon ten (10) days' written notice, terminate the Contract and may:

1. take possession of the site and of all materials, equipment, tools and construction equipment and machinery thereon owned by the Contractor;

2. finish the work by whatever means the City deems expedient.

When the City terminates the Contract under this Section, the Contractor shall not be entitled to receive any further payments to which the Contractor is actually due until the Work is completed and accepted by the City, and the Contractor is properly due any further payment.

The provisions of the last two paragraphs of Section G8.12 shall apply if the City terminates the Contract.

The City will issue the Contractor a written notice specifying that the Contract is to be terminated. Upon receipt of said written notice and, except as otherwise directed in writing by the Engineer, the Contractor shall:

1. stop all work under the Contract except that work specifically directed to be completed prior to acceptance;

2. perform work the Engineer deems necessary to secure the project for termination;
A.10.d
Packet Pg. 661

General Conditions 154

3. remove equipment from the site of work, as directed by the Engineer;

4. take such action as is necessary to protect the work and materials from damage;

5. notify all subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer;

6. provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the work and not yet used in the work, including its storage location, and such other information as the Engineer may request;

7. dispose of materials not used in the work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section G9.10, "Partial Payments," of these General Conditions and with bills of sale or other documents of title for such materials;

8. subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the rights, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder;

9. furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which state and/or federal funds are involved, all documentation required under the state and/or federal requirements included in the Contract; and

10. take such other actions as the Engineer may direct.

B. Termination for Convenience. The City, at its sole discretion, may terminate this Contract in whole, or from time to time in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City. Any termination which is not based on the circumstances set forth in Subsection A above, shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of work under the contract is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and work performed up to the date of termination and such additional compensation as the City deems proper and reasonable to effect termination.

Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease work as to those portions of the project so terminated and shall undertake the steps outlined in Subsection A above.

In the event that the City terminates this Contract under Subsection A above and it is determined for A.10.d
Packet Pg. 662

General Conditions 155

any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Subsection B and the terms and conditions outlined in this Subsection automatically will be applied to effectuate the Contract termination.

G8.14 CITY AND NON-CITY FACILITIES. The Contractor shall protect from damage those utilities and City and non-City facilities that are to remain in place, be installed, relocated or otherwise arranged.

Attention is directed to the possible existence of any and all facilities not shown, and of facilities in a location different from that which is indicated. The Contractor shall take all steps necessary to ascertain the exact location of all facilities prior to doing work which may damage such facilities or interfere with their service. Where the location of a facility is not indicated or is in doubt, the Contractor shall make such excavations and explorations as are necessary to ascertain the correct location. The cost of such excavations and explorations will be considered as a part of the cost of other items of work and no additional payment will be made to Contractor. Such excavations and exploratory work shall also not entitle the Contractor to an extension of time.

Where it is determined by the Engineer that the rearrangement of an underground facility, the existence of which is not shown on the drawings, is essential in order to accommodate the work, the Engineer will provide for the rearrangement of such facility by other forces or, when so ordered by Change Order, such rearrangement shall be performed by the Contractor and will be paid for as provided under the Change Order.

The Contractor shall maintain all utility facilities placed by him in temporary locations, and all utilities within the construction area not required to be relocated but which are required to be shored or supported during the construction period. The cost of such shoring, supports and maintenance shall be borne by the Contractor and no other compensation shall be due the Contractor for this work.

The cost of providing and maintaining all necessary or required temporary structures, of making any necessary repairs, replacements, or similar operations, or furnishing indemnity or other bonds, if required, and all costs required by this Section shall be paid by the Contractor and shall be included in the prices bid in the schedule for other items of work.

G8.15 TEMPORARY UTILITIES. The Contractor shall make its own arrangements with utility companies for any services he may require in performance of the work of this Contract and shall pay all costs of these services directly to these utility organizations.

A.10.d
Packet Pg. 663

General Conditions 156

SECTION 9 MEASUREMENT AND PAYMENT

G9.01 MEASUREMENT OF QUANTITIES. All work to be paid for at a Contract price per unit of measurement will be measured by the Engineer in accordance with United States Standard Measures unless otherwise specified in the Special Provisions or Bid Schedule.

G9.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work until the acceptance by the City; and for all risks of every description connected with the prosecution of the work, also for all expense incurred in consequence of the suspension or discontinuance of the work as herein specified; and for completing the work according to the Contract Documents. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or materials.

No compensation will be made in any case for loss of anticipated profits.

Except as specifically provided otherwise, no separate payment will be made for work covered in any of these General Conditions, the Special Provisions, the Greenbook, and if used, the Technical Specifications, and the cost thereof will be considered as included in the prices paid for the various Contract items included in the Bid.

If the "payment" clause in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured nor paid for under any other pay item which may appear elsewhere in the Contract Documents.

G9.03 FORCE ACCOUNT PAYMENT. When extra work or other work done pursuant to a Change Order is to be paid for on a force account basis, the labor, materials and equipment used in the performance of such work shall be subject to the approval of the Engineer and compensation will be determined as follows:

A. Work Performed by Contractor. The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereafter provided in Sections 9.03A(1), "Labor," 9.03A(2), "Materials," and 9.03A(3), "Equipment Rental," except where agreement has been reached to pay in accordance with Section 9.03B, "Work Performed by Special Forces or Other Special Services."

To the total of the direct costs computed as provided in Sections 9.03.A(1), "Labor," 9.03.A(2), "Materials" and 9.03.A(3), "Equipment Rental," there will be added a markup of 33 percent to the cost of labor, 15 percent to the cost of materials, 15 percent to the cost of Contractor- owned equipment, and 15 percent to rented equipment.

The above markups shall constitute full compensation, covering the cost of general supervision, overhead, profit and any other general expense not specifically designated as cost or equipment rental in Sections 9.03.A(1), (2) and (3). The total payment made as provided A.10.d
Packet Pg. 664

General Conditions 157

above shall be deemed to be the actual cost of such work and shall constitute full compensation therefor.

When work paid for on a force account basis is performed by subcontractor(s), the Contractor shall reach agreement with subcontractor(s) as to the distribution of the payment made by the City for such work. No additional payment therefor will be made by the City by reason of the performance of the work by a subcontractor(s) or other forces.

(1) Labor. The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Engineer), used in the actual and direct performance of the work. The cost of labor, whether the employer is the Contractor, subcontractor or other forces, will be the sum of the following:
(la) Actual Wages. The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation and similar purposes.

(lb) Labor Surcharge. To the actual wages, as defined in Section

9.03A(la), will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section 9.03A(la) and subsistence and travel allowance as specified in Section 9.03A(lc).

(2) Materials. The City reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.

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

(2a) If a cash or trade discount by the actual supplier is offered or available to the purchaser, it shall be credited to the City notwithstanding the fact that such discount may not have been taken.

(2b) If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Engineer plus the actual costs, if any, incurred in the handling of such materials.

(2c) If the materials are obtained from a supply or source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on Contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower, less any discounts as provided in Section 9.03A(2a).

(2d) If the cost of such materials is, in the opinion of the Engineer, excessive, then the cost of such material shall be deemed to be the lowest current wholesale price at which such materials were available in the quantities concerned delivered to the job site, less any discounts as provided in Section 9.03A(2a).

A.10.d
Packet Pg. 665

General Conditions 158

(2e) If the Contractor does not furnish satisfactory evidence of the cost of such materials from the actual supplier thereof within sixty (60) days after the date of delivery of the materials or within fifteen (15) days after acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which such materials were available in the quantities concerned delivered to the location of the work, less any discounts as provided in Section 9.03A(2a).

(3) Equipment Rental. The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the Contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor except that for those pieces of equipment with a rental rate of $10.00 per hour or less as listed in the Labor Surcharge And Equipment Rental Rates publication and which are rented from a local equipment agency, other than Contractor owned, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time used on force account work as provided in Section 9.03A(3a), "Equipment on the Work." If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor. If it is deemed necessary by the Engineer to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Engineer. The Contractor may furnish any cost data which might assist the Engineer in the establishment of such rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.

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

Operators of rented equipment will be paid for as provided in Section 9.03A(1), "Labor."

All equipment shall, in the opinion of the Engineer, be in good working condition and suitable for the purpose for which the equipment is to be used.

Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates.

Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

Individual pieces of equipment or tools not listed in said publication and having a replacement value of $500 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor.

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

(3a) Equipment on the Work. The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time that A.10.d
Packet Pg. 666

General Conditions 159
that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made if the equipment is used at the site of the extra work on other than such extra work.

The following shall be used in computing the rental time of equipment on the work:

(1) When hourly rates are listed, less than 30 minutes of operation shall be considered to be 2 hour of operation.

(2) When daily rates are listed, less than 4 hours of operation shall be considered to be 2 day of operation.

(3b) Equipment Not on the Work. For the use of equipment moved in on the Work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, or determined as provided in Section 9.03A(3) and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:

(1) The original location of the equipment to be hauled to the location of the work will be agreed to by the Engineer in advance.

(2) The City will pay the costs of loading and unloading such equipment.

(3) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.

(4) The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.

(5) The rental period shall begin at the time the equipment is unloaded at the site of the extra work or the extra work is available to be accomplished whichever occurs later, shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Engineer directs the Contractor to discontinue the use of such equipment or its further use is unnecessary. The rental time to be paid per day will be in accordance with the following:

A.10.d
Packet Pg. 667

General Conditions 160

Hours Equipment Hours to
is in Operation be Paid

0 ............... 4

0.5 ............... 4.25
1 ............... 4.5

1.5 ............... 4.75
2 ............... 5

2.5 ............... 5.25
3 ............... 5.5

3.5 ............... 5.75
4 ............... 6

4.5 ............... 6.25
5 ............... 6.5

5.5 ............... 6.75
6 ............... 7

6.5 ............... 7.25
7 ............... 7.5

7.5 ............... 7.75
8 ............... 8
Over 8 hours in operation

The hours to be paid for equipment which is operated less than eight (8) hours due to breakdown shall not exceed eight (8) less than the number of hours the equipment is inoperative due to breakdowns.

When hourly rates are listed, less than thirty (30) minutes of operation shall be considered to be one-half (2) hour of operation.

When daily rates are listed, payment for one-half (2) day will be made if the equipment is not used. If the equipment is used, payment will be made for one (1) day.

The minimum rental time to be paid for the entire rental period on an hourly basis shall not be less than eight (8) hours or if on a daily basis, shall not be less than one (1) day.

(6) Should the Contractor desire the return of the equipment to a location other than its original location, the City will pay the cost of transportation in accordance with the above provisions; provided such payment shall not exceed the cost of moving the equipment to the work.

(7) Payment for transporting, and loading and unloading equipment, as above provided, will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.

(3c) Owner-Operated Equipment. When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:

Payment for the equipment will be made in accordance with the provisions in Section 9.03A(3), "Equipment Rental."
A.10.d
Packet Pg. 668

General Conditions 161
Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workmen operating similar equipment already on the project, or, in the absence of such other workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein, in accordance with the provisions in Section 9.03A(1b), "Labor Surcharge."

To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided in Section 9.03A, "Work Performed by Contractor."

(3d) Dump Truck Rental. Dump truck rental shall conform to the provisions of Section 9.03A(3), "Equipment rental," 9.03A(3a), "Equipment on the Work," and

9.03A(3b), "Equipment not on the Work," except as follows:

Fully maintained and operated rental dump trucks used in the performance of extra work paid for on a force account basis will be paid for at the same hourly rate paid by the Contractor for use of fully maintained and operated rental dump trucks in performing contract item work.

In the absence of contract item work requiring dump truck rental, the Engineer will establish an hourly rental rate to be paid. The Contractor shall provide the Engineer with complete information on the hourly rental rates available for rental of fully maintained and operated dump trucks.

The provisions in Section 9.03A(1), "Labor," shall not apply to operators of rented dump trucks.

The rental rates listed for dump trucks in the Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates shall not apply.

To the total of the rental costs for fully maintained and operated dump trucks, including labor, there will be added a markup of 15 percent. No separate markup will be made for labor.

The provisions of Section 9.03A(3c), "Owner-Operated Equipment," shall not apply to dump truck rentals.

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

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

To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section 9.03A, "Work Performed by Contractor." A.10.d
Packet Pg. 669

General Conditions 162

G9.04 FORCE ACCOUNT RECORDS. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations. The records and extra work reports shall be maintained and prepared for specific scopes of work provided by the Engineer. The Engineer may establish a Not to Exceed cost for a specific scope of work. In such cases the Contractor shall maintain records so as to ensure that the Not to Exceed cost is not exceeded but that the Engineer is advised in writing ahead of time if it is anticipated that the cost will be exceeded so that the Engineer may consider action to increase the Not to Exceed cost or modify the scope of work. The City shall not pay for any costs above the Not to Exceed cost if the Contractor has not provided such notice in writing at least seven (7) calendar days in advance of the date the Contractor anticipates reaching the Not to Exceed cost.

From the above records, the Contractor shall furnish the Engineer completed daily extra work reports, on forms furnished by the City or on computerized facsimiles of the City's forms acceptable to the Engineer, for each day's extra work to be paid for on a force account basis. The daily reports shall itemize the materials used whether invoices are or are not available that day and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces, except for charges described in Section G9.03.B, "Work Performed by Special Forces or Other Special Services." The daily extra work reports shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type and identification number of equipment, and hours operated. With each daily extra work report submitted to the Engineer, the Contractor shall compile the total cost of the extra work accomplished to date for a specific scope of work and compare it to the Not to Exceed cost if one has been established by the Engineer.

Material charges shall be substantiated by valid copies of vendor's invoices. Such invoices shall be submitted with the daily extra work reports, or if not available, they shall be submitted with subsequent daily extra work reports clearly and distinctly noting the previous daily report(s) to which they pertain.

Should vendor's invoices not be submitted within sixty (60) days after the date of use of the materials or within fifteen (15) days after the acceptance of the Contract, whichever occurs first, the City reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials are available in the quantities concerned delivered to the location of the work, less any discounts provided in Section G9.03.A.

The daily extra work reports shall be signed by the Contractor or its authorized representative. The daily reports shall be turned in to the Engineer no later than by the close of business on the working day following the day of the report. Failure to turn in reports on this schedule shall be the basis for denying payment and/or using the Engineer's records only as the final and indisputable basis for payment.

Reports must be complete as noted above.

The Engineer will compare its records with the completed daily extra work reports furnished by the Contractor and make any necessary adjustments.

When these daily extra work reports are agreed upon and signed by both parties, except for delinquent reports as noted above, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on the later audit by the City.

The Contractor's cost records pertaining to work paid for on a force account basis shall be open to inspection or audit by representatives of the City, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the City on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than sixty (60) days after the acceptance date of the contract, the Contractor will be given a reasonable notice of the A.10.d
Packet Pg. 670

General Conditions 163
time when such audit is to begin.

Payment as provided in Sections 9.03A, "Work Performed by Contractor," and 9.03B, "Work Performed by Special Forces or Other Special Services," shall constitute full compensation to the Contractor for performance of work paid for on a force account basis and no additional compensation will be allowed therefor. Such payment will be made in accordance with the provisions for "Partial Payments."

G9.05 NOTICE OF POTENTIAL CLAIM. The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer (including the failure or refusal to issue a Change Order), or the happening of any event, thing or occurrence, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified, provided, however, that compliance with this Section shall not be a prerequisite as to matters within the scope of the Contract Change Order protest provisions in Section G4.09, "Protest Procedure," or the notice provisions in Section G8.11, "Delays and Extension of Time," nor to any claim which is based on differences in measurement or errors of computation as to correct quantities.

The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, all relevant facts associated with the claim, the nature of the costs involved and, insofar as possible, the amount of the potential claim. If based on an act or failure to act by the Engineer or the City, such notice shall be given to the Engineer prior to the time that the Contractor has started performance of the work giving rise to the potential claim for additional compensation. In all other cases, notice shall be given within ten (10) days after the happening of the event or occurrence giving rise to the potential claim. Should a claim not be adequate or complete in content as set out above, the Engineer will reject and return the claim for Contractor's reconsideration and resubmission if so decided by Contractor. Any resubmission shall be made within seven (7) days of return by the Engineer to be considered timely unless a longer time frame is allowed by the Engineer.

It is the intention of this Section that differences between the parties arising under and by virtue of the Contract shall be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which a written notice of potential claim as herein required was not timely filed or not complete as to required content noted above.

G9.06 RECORDS. Pursuant to Government Code Section 8546.7, Contractor shall retain all project-related records for a period of three (3) years after final payment on this contract, which shall be subject to audit or inspection by the City or the State Auditor during this period.

Separate and apart from the obligations under Section 8546.7, the City shall have the right to audit project records at City’s discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve a disputed contract change order; or (c) submission of a construction claim.

G9.07 DISPUTE RESOLUTION. To accomplish the intent of early resolution of differences between the parties, the following procedures shall be followed for any Notice of Potential Claim submitted in full compliance with Section 9.05.

The Engineer will review and analyze each claim within the timeframe established by the Engineer based on the nature and complexity of the claim and advise the Contractor of its findings and determinations. The Contractor shall provide supplemental information as may be reasonably requested by the Engineer in the course of its review/analysis, and be available for discussions with the Engineer on the matter. Failure of the Contractor to provide such information on a timely basis or be available for discussions shall be sufficient cause to deny the claim.

Within ten (10) calendar days of receipt of the Engineer's written findings and determinations the A.10.d
Packet Pg. 671

General Conditions 164
Contractor shall either indicate in writing agreement and acceptance or shall advise the Engineer in writing of any disagreement setting forth clearly and completely the basis for such disagreement and stating what the Contractor's position is on the issue(s) in disagreement. Failure to submit any response within the ten (10) calendar days shall be conclusively construed as Contractor acceptance of the Engineer's determinations and no further claim shall be allowed.

Upon receipt of Contractor's notice of acceptance or a non response within ten (10) calendar days the Engineer will take appropriate action to document resolution of the claim and make any needed adjustments to the contract. Should the Contractor express any disagreement he shall document it in writing to the Engineer and provide any additional documentation supporting its claim. The Engineer will conduct a review and analysis of the Contractor's documentation in the same fashion and under the same conditions as set forth for the original claim and render its final determinations and decision. The Engineer then will take appropriate actions to adjust the Contract as may be required by its final determinations and decision.

The procedures set forth above are not intended to abrogate or replace the Public Contract Code requirements referred to in General Condition G9.11. If after participating in the dispute resolution procedures set forth above, the Contractor intends to proceed with submission of a claim, then the Contractor must formally resubmit the claim following the procedures in General Condition G9.11 and identifying that the claim is resubmitted pursuant to General Condition G9.11.

G9.08 STOP PAYMENT NOTICES. The City may, at its option and at any time, retain out of any amounts due the Contractor sums sufficient to cover claims filed pursuant to Section 9000, et seq., of the California Civil Code.

G9.09 PAYMENT SCHEDULES. The Contractor shall submit a Schedule of Anticipated Contract Payments and a Schedule of Pay Items for review and approval by the Engineer prior to the initial partial payment to the Contractor. The Schedule of Pay Items shall be prepared by the Contractor in a format approved by the Engineer and shall include such detail as directed by the Engineer. These schedules shall be sufficiently clear and detailed so as to facilitate an accurate and realistic appraisal of monthly progress for the purpose of making partial payments. The value for each bid item shall total the bid amount. The cost breakdown shall include only actual work items. No amounts will be allowed for mobilization and other overhead costs such as bonds and insurance unless specifically provided for in the Special Provisions or bid schedule. Unless otherwise provided, costs of these items shall be spread uniformly over the actual items of work. The values in the schedule will be used only for determining partial payments.

The Schedule of Anticipated Contract Payments shall be coordinated with the Contractor's construction schedule submitted pursuant to Section G8.05 and shall show the anticipated monthly Contract payments for each of the pay items covered in the Schedule for Pay Items, the total of monthly payments and cumulative total of payments for each month. If the construction schedule is revised, the Schedule of Anticipated Contract Payments shall also be revised and resubmitted for the Engineer's review and approval as circumstances indicate to ensure that the schedule coincides with actual progress. No partial payment will be made until the Engineer has approved the Schedules required by this Section.

G9.10 PROGRESS ESTIMATES AND INVOICES FOR WORK COMPLETED. Once each month, at a time, place and location mutually agreeable, the Contractor and Engineer shall meet to discuss the amount of work completed satisfactorily during the work period since the last invoice for partial payment was prepared. The first such estimate will be of the value of the work done after the Contractor commenced the performance of the contract, and every subsequent estimate, except the final estimate, will be of the value of the work done after that included in the last preceding estimate.

Such estimates need not be based on strict measurements, but may be approximate only, and will be in due proportion to the whole amount of money, including payments previously made, that will have become due according to the contract when all work required under the contract shall have been completed. A draft invoice for work completed shall be prepared by the Contractor or Engineer as A.10.d
Packet Pg. 672

General Conditions 165
determined by the Engineer; the Engineer's judgment will be final if disputes occur regarding the amount of work completed or its value. Following the meeting, the Contractor shall formally submit the invoice for work completed in a form acceptable to the Engineer. The invoice will certify, and be supported by evidence if required by the Engineer, that the work invoiced has been done and that the materials listed have been incorporated into the work. The invoice may include the amount and value of such acceptable material as has been furnished and incorporated into the work. No payment or allowance shall be made for equipment or materials stored within the general work area or elsewhere but not yet satisfactorily incorporated in the work except as may be provided in the Special Provisions.

G9.11 RETENTION. In addition to amounts, if any, withheld pursuant to any other provision of these General Conditions, including the City's right to withhold for the estimated or actual costs of correcting defective work and amounts claimed by the City as liquidated damages or other offsets, the City will retain an amount equal to 5 percent of the estimated value of the work done as part security for the fulfillment of the Contract by the Contractor. Any time after 50 percent of the work has been completed, if the Engineer finds that satisfactory progress is being made, the City may (but need not) reduce the amount being retained from progress payments to any amount less than 5 percent of the value of the estimated value of said work and materials.

In addition, when the Engineer determines that the contract is 95 percent complete, the City may release a portion of total retention amount withheld, and continue to retain such lesser amount as the City determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will said amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. In agreeing to any of the above referenced revised method(s) of progress payments, the City reserves the right to return to the original method of progress payments in the amount of 90 percent of work completed, if at any time, the Engineer finds that either the Contractor is not making satisfactory progress or there is a specific cause for greater withholding.

G9.12 PARTIAL PAYMENTS. Upon receipt of a progress payment invoice the Engineer/City will review it as soon as practicable for the purpose of determining whether or not it is proper in both form and content. If a progress payment invoice is determined not to be proper, such as not including schedule information or failure to submit a proper and adequate schedule as set forth in Section G8.05, it shall be returned to the Contractor as soon as practicable but in any event within seven (7) days after receipt together with a written statement why it is not proper. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice. Attention is directed to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00).

No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the Work.

Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.

G9.13 PAYMENT OF WITHHELD FUNDS. Pursuant to Public Contract Code Section 22300, the Contractor may request to deposit securities in escrow equivalent to the amount of funds withheld from progress payments by the City as described in Section G9.11, with the City or a bank acceptable to the City as a substitution for funds withheld by the City. Alternatively, the Contractor may request to have the City make payment of the funds withheld from progress payments as described in A.10.d
Packet Pg. 673

General Conditions 166
Section G9.11 directly to an escrow agent and direct the investment of such funds into securities. The Contractor shall be the beneficial owner of any securities and shall receive interest thereon. Upon the satisfactory completion of the contract, the Contractor shall receive all securities, interest and payments.

The Contractor may make this request only upon the following conditions.

a. the request to substitute securities or to have payments made directly to an escrow agent shall be at the sole expense of the Contractor;

b. securities eligible for investment shall include securities pursuant to California Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letter of credit, or any other security mutually agreed upon by the City and Contractor;

c. the Contractor shall enter into an escrow agreement, which shall be substantially similar to the agreement form provided in Public Contract Code Section 22300;

d. the Contractor shall obtain the written consent of the surety to such agreement; and

e. the Contractor who elects or receive interest on funds withheld by the City shall, at the request of any subcontractor performing more than five percent (5%) of the Contractor's total bid, make the option available to the subcontractor to receive interest on any funds withheld in retention by the Contractor from the subcontractor. The subcontractor shall receive interest in accordance with Public Contract Code section 22300(d)(1). Alternatively, the Contractor who elects to substitute securities in lieu of retention by the City, shall by mutual consent between the Contractor and subcontractor allow any subcontractor performing more than five percent (5%) of the Contractor's total bid to substitute securities in lieu of funds withheld by the Contractor.

G9.14 PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Engineer, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00). No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work. Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.

G9.15 FINAL PAYMENT. After the work has been accepted by the City, as provided in Section G7.26, "Acceptance of the Work," payment will be made to the Contractor in accordance with the provisions of this Section. Upon acceptance, the City will record a Notice of Completion covering the project.

Within thirty-five (35) days after acceptance by the City, the Contractor shall prepare and submit a proposed final invoice in writing, prepared in a form acceptable to the Engineer. The proposed final invoice will show the proposed total amount of compensation payable to the Contractor, including an itemization of that amount segregated as to Contract item quantities, extra work and other bases for payment. The proposed final invoice will also show all deductions made or to be made for prior payments and amounts to be kept or retained under the Contract.

A.10.d
Packet Pg. 674

General Conditions 167
The Contractor shall also submit, at the same time as the proposed final invoice is submitted, a statement of all claims he has arising under or by virtue of the Contract, or a statement that he does not intend to file any such claims. All claims shall be submitted as specified herein. No claim for which a notice of potential claim or protest is required under Section G9.05, "Notice of Potential Claim," Section G4.09, "Protest Procedure," or Section G8.11, "Delays and Extension of Time," will be considered unless the Contractor has fully complied with the notice or protest requirements in said sections and the resolution process set out to Section G9.07.

Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims.

The Engineer will review the proposed final invoice and claims and will submit its recommendation to the City as to the final estimate of the amount due the Contractor and the disposition of all claims. All prior invoices and payments are subject to correction in connection with review of the proposed final invoice.

The City will submit any changes or corrections to the proposed final invoice to the Contractor for its consideration. Within ten (10) days thereafter, the Contractor shall submit a final invoice, in a form acceptable to the Engineer, incorporating any changes or corrections made by the City, together with any additional claims resulting therefrom. Upon approval by the City, this will become the approved final invoice. The Contractor shall submit with the final invoice, certificates of any insurance required to be maintained after acceptance of the work.

If the Contractor files no claims within thirty (30) days after acceptance of the work by the City, and agreement is reached on all questions regarding the final invoice, the City will pay the entire sum found due upon the final invoice, except that the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Section 9000, et seq., of the California Civil Code, together with the costs of administering such claims.

If the Contractor does file claims within thirty (30) days after acceptance of the work by the City, then upon final determination of all the Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any, allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims and any amounts for which stop payment notices have been filed pursuant to Section 9000, et seq., of the California Civil Code, together with the costs of administering such claims.

Before final payment can be made, the Contractor shall furnish the Engineer with the following:

(a) All drawings, catalogues, instruction sheets and information as required by the Contract;

(b) One signed copy of the Release as discussed below in this Section and on a form furnished by the City; and

(c) Guarantee Bond, if not already incorporated in the Performance Bond.

Final payment will be made within thirty (30) days after receipt of an approved final invoice and other required submittals referenced above and determination of all Contractor's claims, or sixty (60) days after acceptance of the work by the City, whichever is later, provided, however, that if a final invoice has not been submitted and approved within sixty (60) days after acceptance of the work by the City, the City may elect to make payment of sums not in dispute without prejudice to the right of either the City or the Contractor in connection with any disputed sums.

The acceptance by the Contractor of final payment shall constitute a waiver and release of all claims by the Contractor against the City related to the work, except for claims previously made in writing and A.10.d
Packet Pg. 675

General Conditions 168
identified as unsettled by the Contractor at the time of submission of the final invoice. The making of final payment, however, shall not operate to release the Contractor or its sureties from obligations arising under this Contract, the Contract bonds and warranties as herein provided. Specifically, the making of final payment shall not constitute a waiver and release of claims by the City arising from (a) unsettled or future liens, (b) failure of the work to comply with the requirements of the Contract Documents, (c) the terms of any warranties required by or contained in the Contract Documents, (d) the right to any insurance proceeds or the right to make any insurance or bond claims, (e) any claims with respect to Contractor's obligation of indemnity provided for in the Contract Documents, or (f) any latent defects or fraud.

END OF GENERAL CONDITIONS
A.10.d
Packet Pg. 676

EXHIBIT 9 Special Provisions 169

EXHIBIT 9
Special Provisions
A.10.d
Packet Pg. 677

EXHIBIT 9 Special Provisions 170

DIVISION I - SPECIAL PROVISIONS
01010 PROJECT DESCRIPTION

Runway 6 Safety Improvement Project
A.I.P. No.: 3-06-0105-26
01011 SUMMARY OF WORK
The work to be performed includes: removal of the existing in-line taxiway preceding Runway 6, the demolition of a section of the existing Taxiway ‘C’ pavement, and the construction of a new connector taxiway at Runway 6 threshold. The project also includes: airfield electrical improvements for the new connector taxiway with mandatory guidance signage, relocation of the existing runway end lights and REIL’s, grading and drainage, stormwater water treatment, and pavement markings.

01012 EQUIPMENT TO BE PROVIDED TO OWNER
None

01013 WORK BY OTHERS
Others working on associated facilities and probably interfacing with the Contractor at some time during the execution of the work include:

1. FAA: Working on existing NAVAIDS

2. City of Hollister; Airport Operations

The Contractor shall cooperate to complete the necessary Work at a minimum cost and time delay for all involved. In the event of lack of agreement, the City will determine how and where the interface shall be made and his decision shall be final.

01014 DEFINITIONS

City: City of Hollister

Owner: City of Hollister

Sponsor: City of Hollister

Engineer or
Design Consultant: Kimley-Horn and Associates, Inc.

Contractor: The individual, partnership, corporation, joint venture, or other legal entity having a contract with the City to perform the work.

Construction Manager: Kimley-Horn and Associates, Inc.

01015 WORK INVOLVING EXISTING SYSTEM

Operation of the existing storm drain system, water system, electrical systems shall not be jeopardized or materially reduced in efficiency as a result of the execution of Work. The Contractor will have to maintain existing services during construction at all times.

The Contractor must not plan work schedules until a written schedule has been approved, and work is fully coordinated with the City's operations.

A.10.d
Packet Pg. 678

EXHIBIT 10 SUCCESSFUL BIDDER’S CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED 171
01016 COORDINATION OF WORK

The Contractor shall maintain overall coordination for the execution of the Work pertaining to this project.

Based on the Construction Schedule prepared in accordance with these Specifications, the Contractor shall obtain from each of his subcontractors a similar schedule which shall be integrated into the construction schedule. The Contractor shall then be responsible for all parties maintaining these schedules for coordinating required modifications.

01017 WORK SEQUENCE AND CONSTRAINTS

A. Within ten (10) working days upon receiving the completed (signed) Contract, the Contractor shall initiate the submittal and review process for all materials and equipment to be used on the project.

B. The City will issue the Notice to Proceed no later than twenty-eight (28) calendar days from the award of contract. The counting of working days will commence with the Notice to Proceed.

C. Within ten (10) working days, or at the pre-construction conference, whichever occurs first, the Contractor shall prepare a Work Plan for review and approval by the City and Engineer. The Work Plan shall describe all elements of the Work in sufficient detail to allow City and Engineer to evaluate the progression of planned activities at the Site.

D. Within two-hundred and ten (210) Calendar days after the Notice-to-Proceed has been issued, the project shall be completed. Liquidated damages accrue starting on the 1st day after the expiration of Calendar days.

E. The Contractor shall be aware that there may be change orders involved with this Work. The Engineer has made every attempt possible to determine the extent and location of all existing facilities within the project area. However, the inexact nature of existing knowledge and unavailable as-built plans may require the issuing of change orders to reflect changed conditions.

01020 CONSTRUCTION STAKES, LINES AND GRADES

The Work shall be executed in accordance with the lines and grades indicated in the Contract Documents.

Distances and measurements, except elevations and structural dimensions, shall be made on horizontal planes. Contractor shall verify elevations and locations of structures a minimum of 72 hours prior to construction. Contractor shall notify the engineer of record if any field conditions are different than what is noted on the Contract Documents.

01021 SITE WORK

Principal control points, including establishment of temporary bench mark, will be identified by the Contractor and shall be protected from disturbance. If the points are disturbed, any work that is governed by these monuments shall be held in abeyance until the points are re-established by the Contractor. The accuracy of all the Contractor's stakes, alignments, and grades is the responsibility of the Contractor.

However, the City has the discretionary right to check the Contractor's stakes, alignments and grades at any time. Where such discretion is to be exercised by the City, he will notify the Contractor of his intention, stating the time at which the checking will commence. Any part of the work in progress, the results of which are predicated directly upon the Contractor's stakes, alignments, or grades to be checked, shall be held in abeyance until the City has notified the Contractor that the checking has been completed. The Contractor shall establish such control and reference points for line and grade as he may need and as will be required A.10.d
Packet Pg. 679

EXHIBIT 10 SUCCESSFUL BIDDER’S CONTRACT DOCUMENTS TO BE SUBMITTED AFTER PROJECT IS AWARDED 172
to properly lay out the Work.

01022 PARTIAL ACCEPTANCE OF WORK

After completion of certain portions of the Work, including all testing and other preparation necessary for operation of such portions by the City as herein specified, but prior to final completion of the Work, provisions may be made for partial acceptance in writing by the City for such portions only. The portions of the Work to be included for partial acceptance prior to final project completion will be noted at the preconstruction conference in accordance with Contractor's schedule, or by written notice to the Contractor at the earliest possible time.

The guarantee period for such portions of the Work shall commence with the date of their acceptance for use by the City. However, full payment for such portions will not be made until final acceptance of the total Work.

Acceptance of any portion of the Work prior to acceptance of the whole shall not be construed as absolving the Contractor of responsibility for any item of construction or incidental work included in the Contract. Prior to such occupancy or use, the City will enter into a written agreement with the Contractor delineating the portions of the Work released to the City for occupancy or use and indicating what if any, work remains to be done within the occupied or released area. If such prior use increases the cost of or delays the Work, the Contractor shall be entitled to such extra compensation, or extension of time, or both, as may be determined by the City after consideration of recommendations by the City.

Should any portion of the Work in use be damaged thereby, the City shall bear the expense for repairing such damage. However, if the portion being so used should reveal deficiencies of materials or workmanship, it shall be the Contractor's responsibility to replace the defective construction.

01023 PARTIAL AND FINAL PAYMENT

Attention is directed to Subsection 9-3.2 PARTIAL AND FINAL PAYMENT of the standard specifications.

Modify paragraph three to read:

From each progress payment, 5% will be deducted and retained by the agency. The City will withhold 5% of the total Contract amount until acceptance of the performance of the Contract by the City Council.

01210 PRECONSTRUCTION CONFERENCE

Upon receipt of the completed (signed) Contract, the Contractor will arrange a meeting to be attended by the Contractor, City, Engineer, or their respective representatives, and others involved in the execution of the work.