Lancaster City Council
August 25, 2026

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AGREEMENT FOR DESIGN-BUILD SERVICES

THIS AGREEMENT FOR DESIGN-BUILD SERVICES (this “AGREEMENT”) is made and entered into this _____ day of _____________, 20___, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”) , and Bernards Bros., Inc., (the “CONTRACTOR”).

RECITALS

WHEREAS, OWNER desires to engage CON TRACTOR to perform certain technical and professional services, as provided herein, identified as:

DESIGN-BUILD SERVICES FOR THE
PWCP 25-008 – MARVIN E. CRIST AQUATICS FACILITY

WHEREAS, the principal members of CONTRACTOR are qualified and duly registered/licensed under the laws of the State of California, and CONTRACTOR desires to accept such engagement;

NOW, THEREFORE, the parties agree as follows:

1. Parties to the AGREEMENT.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster

B. CONTRACTOR: Bernards Bros., Inc.

2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNER Public Works Director
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534

CONTRACTOR Sam Laham
Bernards Bros., Inc.
555 First Street
San Fernando, CA 91340

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of l aw, without prior written consent of the other party, and any such assignments without said consent shall be void.

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4. Incorporation by Reference. The Request for Qualifications and Proposal (RFQ&P) – #863-25, PWCP 25-008 – Marvin E. Crist Aquatics Facility and CONTRACTOR’S Proposal are hereby incorporated in and made a part of this AGREEMENT. The AGREEMENT consists of this Agreement, the Notice to Interested Design -Build Entities, the Request for Qualifications and Proposal, and all Exhibits attached thereto and incorporated by reference therein, all Addenda, the Statement of Qualifications ( SOQ, Qualifications Questionnaire) and all Exhibits and supporting documentation attached thereto and incorporated by reference therein, accepted Technical Proposal and all Exhibits and supporting documentation and attached thereto and incor porated by reference therein , the Performance Bond, and the Payment (Labor and Materials) Bond, all of which are referred to as the AGREEMENT DOCUMENTS. All of the provisions of the AGREEMENT DOCUMENTS are hereby incorporated in and made a part of this AGREEMENT as if fully set forth therein. CONTRACTOR agrees to comply with all of the requirements set forth of the AGREEMENT DOCUMENTS.

5. Precedence of AGREEMENT Documents . If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT consisting of 48 pages
Second: Request for Qualifications and Proposal (RFQ&P) – #863-25

6. Description of Work . OWNER hereby engages CONTRACTOR , and CONCTRACTOR accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CONTRACTOR shall perform and complete, in a manner satisfactory to OWNER, all work and services set forth in Exhibit “A”. The Public Works Director or their designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the Public Works Director, or their designee.

Substitution of securities for any monies withheld by the City of Lancaster to ensure performance under this AGREEMENT will be permitted in accordance with Section 22300 of the State of California Public Contract Code.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONTRACTOR for all work and services described in Exhibit “A” is not to exceed $84,786,165.00. CONTRACTOR’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “B” attached hereto and made a part hereof.

8. Obligations of the CONTRACTOR.

A. CONTRACTOR shall perform as required by this AGREEMENT.

CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

B. CONTRACTOR shall be responsible for payment of all employees' and subcontractor's wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

C. CONTRACTOR agrees and shall (1) award construction subcontracts, if any; and (2) ensure that CONTRACTOR and any subcontractors will use a skilled and trained workforce to perform

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all Services under this AGREEMENT, in accordance with the provisions in the California Public Contract Code concerning local agency design-build projects (Public Contract Code 22160-22169).

9. Senate Bill 854.

SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects. The Department of Industrial Relations (DIR) requires all contractors and subcontractors who bid or perform work on a public works project (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects. The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015. This project shall comply with the requirement of SB 854.

Coverage is not limited only to work performed at the construction site by the traditional construction trades, but extends broadly to workers employed “in the execution of” the public works contract.

Survey and Geotechnical Services will only need to register if the scope of services provided would require the payment of prevailing wage and be considered to be covered under the California Labor Code. Even though survey and geotechnical services typically are viewed as CONTRACTOR s and generally do not necessarily fit the term “contractor,” compliance with section SB 854 will be required by the Department of Industrial Relations ("DIR"). Essentially, if the services provided by a survey or geotechnical services firm would be considered to be covered under the applicable California Labor Code sections, then they should register. It should be noted that only the firm needs to register and not individual licensed design professional(s).

Attention is directed to the revisions to Labor Code Section 4. 1725.5 and Section 5. 1771.1:

A. SECTION 4 1725.5
“A contractor (CONTRACTOR) must be registered pursuant to this section in order to be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work that is subject to requirements of this chapter. (a) To qualify for registration under this section, a contractor must do all of the following:

(1) Beginning July 1, 2014, register with the Department of Industrial Relations in the manner prescribed by the department and pay an initial non- refundable application fee of $300 to qualify for registration under this section and an annual renewal fee on or before July 1 st
each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in S ection 1771.3.

(2) Provide such evidence, disclosures, or releases as are necessary to establish all of the following:

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(A) Worker’s Compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker who the contractor will employ to perform work that is subject to prevailing wage requirements other than a contractor who, is separately registered under this section. Coverage may be evidenced by a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self -Insurance required under Section 7125 of the Business and Professions Code.

(B) Where applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.

(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages, or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for any judgment, order, or determination that is under appeal, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

(E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months, or since the effective date of the requirements set forth in subdivision (f), whichever is shorter. For a contractor found to be in violation of the requirements of this paragraph only, the period of disqualification shall be waived if: (i) the contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months; and (ii) the contractor pays an additional non-refundable penalty registration fee of $2,000.

(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 and shall be used only for the purposes specified in subdivision (b) of Section 1771.3

(c) The term “contractor,” as used in this section, shall include any subcontractor or “CONTRACTOR”, as defined in Section 1722.1.

(d) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. A contractor who inadvertently fails to pay the renewal fee may retroactively renew its registration by paying an additional non-refundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the date of the renewal fee.

(e) The requirements of this section shall not apply with respect to any contract, which as a result of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or decision by a court that classifies, after the time at which the body awarding the contract accepts the contractor’s bid or awards the contractor a contract, the work covered by the bid or

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contract as a “public work,” as defined in this chapter, to which Section 1771 applies, provided that:

(1) The body awarding the contract failed to identify as a public work, in the bid specification or in the contract documents that portion of the work that the determination or decision classifies as a “public work.”

(2) Within twenty (20) days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.

(3) The requirements of this section shall apply prospectively only to any bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2) of this subdivision.

(f) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015.”

B. SECTION 5 1771.1
(a) No contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal pursuant to Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently regist ered to perform public work pursuant to Section 1725.5 It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the public work pursuant to Section 1725.5 at the time the contract is awarded.

(b) Notice of this requirement shall be included in all bid invitations and public works contracts, and no bid shall be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current eligibility to perform publ ic work pursuant to Section 1725.5.

(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following requirements are met: (1) the subcontractor is registered prior to the bid opening; (2) within 24 hours after the bid opening the subcontractor is registered and has paid the penalty registration fee specified in paragraph (E) of subdivision (2) of Section 1725.5; or (3) the subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.

(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) of this Section shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor.

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(e) The DIR shall maintain on its website a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.

(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation. However, no contract for public work shall be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

A. This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. This project shall comply with the requirements of SB 854.

10. Payment of Prevailing Wage.

A. The State of California, Department of Industrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the field work to be done . These rates shall be the minimum wage rates for this project. These rates are on file with the City of Lancaster and copies will be made available to any interested party upon request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code concerning the employment of apprentices by the CONTRACTOR or any subcontractor under him.

Section 1777.5, as amended, requires the CONTRACTOR or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.

The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:

(A) When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or

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

(C) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or

(D) When the CONTRACTOR provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

The CONTRACTOR and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

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

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the Prevailing Wage provisions of this Section.

11. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to OWNER as a condition precedent to any payment to CONTRACTOR.

12. Hold Harmless and Indemnification . CONTRACTOR agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONTRACTOR ’S negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. CONTRACTOR agrees to defend OWNER, it s officers and employees, from and against any and all claims arising from any alleged negligent or wrongful acts, errors or omissions on the part of the CONTRACTOR or on the part of its employees.

13. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be effective only upon mutual written approval by the Public Works Director and CONTRACTOR.

14. Non-Discrimination and Equal Employment Opportunity.

A. In the performance of this AGREEMENT, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONTRACTOR will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONTRACTOR for personnel to perform any services under this AGREEMENT. OWNER shall have access to all documents, data and records of CONTRACTOR and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.

15. Termination for Convenience. The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONTRACTOR of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herei n, CONTRACTOR will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for

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profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

16. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONTRACTOR , terminate the whole or any part of this AGREEMENT in any of the following circumstances:

(1) If CONTRACTOR fails to perform the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or

(2) If CONTRACTOR fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

B. In the event OWNER terminates this AGREEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONTRACTOR to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONTRACTOR. Upon such termination, CONTRACTOR shall be paid an amount equal to the contract amount, less the cost of hiring another CONTRACTOR to complete CONTRACTOR's services. In the event no new CONTRACTOR is employed, CONTRACTOR shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and ot her documents whether delivered to OWNER or in possession of CONTRACTOR, and authorized reimbursement expenses.

D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONTRACTOR was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 15.

17. Independent Contractor. CONTRACTOR is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the OWNER . It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONTRACTOR is an independent contractor.

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18. Insurance.

A. The CONTRACTOR, at its expense, shall maintain in effect at all times during the term of this AGREEMENT the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations)

Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01)

Workers Compensation
As Required by the State of California Statutory Limits

Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)

Professional Liability
Each Occurrence $10,000,000
General Aggregate $10,000,000

B. The CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. Professional liability insurance written on a “claims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover CONTRACTOR for all claims made by the City insured entities arising out of any acts or omissions of CONTRACTOR or its officers, employees, or agents during the time this Agreement was in effect.

D. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

E. All insurance shall be primary and non-contributory as respects the City insured

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entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the CONTRACTOR’s insurance and shall not contribute with it.

F. CONTRACTOR shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:

(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non-payment) to the City of Lancaster.

(2) List in the “Descriptions of Operations/Locations/Vehicles” section:

PWCP 25-008 – Marvin E. Crist Aquatics Facility
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”

(3) List in the “Certificate Holder” section:

The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534

G. CONTRACTOR shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONTRACTOR.

19. Commencement and Completion of Work . The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONTRACTOR shall commence when the OWNER, acting by and through its Public Works Director or their designee, has issued the Notice to Proceed.

CONTRACTOR shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

20. Extension of Time for Completion of Work.

A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONTRACTOR, then CONTRACTOR shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 15.

B. CONTRACTOR shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such delay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.

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C. No extension of time requested or granted hereunder shall entitle CONTRACTOR to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONTRACTOR.

21. Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONTRACTOR in the course of performing the work required by this AGREEMENT shall be the property of the OWNER . Basic survey notes, sketches, charts, computations and similar data prepared or obtained by CONTRACTOR under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

22. Data Provided to CONTRACTOR. OWNER shall provide to CONTRACTOR , without charge, all data, including reports, records, maps and other information, now in the OWNER 's possession which may facilitate the timely performance of the work described in Exhibit “A”.

23. CONTRACTOR's Warranties and Representations.

CONTRACTOR warrants and represents to OWNER as follows:

A. CONTRACTOR has not employed or retained any person or entity, other than a bona fide employee working exclusively for CONTRACTOR, to solicit or obtain this AGREEMENT.

B. CONTRACTOR has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONTRACTOR , any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this AGREEMENT . Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONTRACTOR has no knowledge that any officer or employee of the OWNER has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of the CONTRACTOR, and that if any such interest comes to the knowledge of CONTRACTOR at any time, a complete written disclosure of such interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT, CONTRACTOR has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

24. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

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After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. If any action at law or in equity is brought to enforce or interpret any provisions of this AGREEMENT, the prevailing party in such shall be entitled to reasonable attorney’s fees, cost, and necessary disbursements, in addition to such other relief as may be sought and awarded.

25. Exhibits.

The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Services

• Exhibit “A-1” – Main Level Agreed-Upon Scope Plan

• Exhibit “A-2” – Bleacher Level Agreed-Upon Scope Plan

Exhibit “B” Term, Payment and Time for Commencement and Completion Clause

Exhibit “C” Construction General Provisions

26. Governing Law.

This AGREEMENT shall be governed by the laws of the State of California.

27. Effective Date.

This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONTRACTOR, executes said AGREEMENT.

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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed and attested by their respective officers thereunto duly authorized.

“OWNER”

CITY OF LANCASTER

LANCASTER, CALIFORNIA

Approved By Department Head:

By:

Marissa Diaz, Public Works Director

Dated:

By:

Trolis Niebla, City Manager

Dated:

"CONTRACTOR"
Bernards Bros., Inc.

By:

Sam Laham, Vice President

Dated:

ATTEST:

Andrea Alexander
City Clerk

APPROVED AS TO FORM:

Allison E. Burns, Esq.

City Attorney
PW-123 (1/14)

EXHIBIT "A"

SCOPE OF SERVICES

The Consultant shall maintain separate costs for each project and shall identify the costs specific to each project.

The work to be performed under this Agreement shall include all services described in Section 3, “Services to Be Provided,” of Request for Qualifications and Proposal (RFQ&P) #863- 25 for Design- Build Team Services for the Marvin E. Crist Aquatics Facility, advertised July 19, 2025, including all addenda issued thereto.

In addition, the Scope of Services sha ll include the negotiated project scope, design criteria, program requirements, and other requirements reflected in the following documents developed and agreed upon by the OWNER and CONTRACTOR during negotiations:

• Exhibit A-1 – Main Level Agreed-Upon Scope Plan
• Exhibit A-2 – Bleacher Level Agreed-Upon Scope Plan

Exhibits A-1 and A-2 are attached hereto and incorporated into this Exhibit “A” by reference.

To the extent Exhibits A-1 and A-2 clarify, supplement, or modify the scope contained in the RFQ&P or CONTRACTOR’S Proposal, Exhibits A-1 and A-2 shall govern with respect to the Scope of Services.

PW-123 (1/14)

EXHIBIT "A-1"

MAIN LEVEL AGREED-UPON SCOPE PLAN

PW-123 (1/14)

EXHIBIT "A-2"

BLEACHER LEVEL AGREED-UP SCOPE PLAN

PW-125 (1/14)

EXHIBIT "B"

TERM, PAYMENT AND TIME FOR COMMENCEMENT AND COMPLETION CLAUSE

Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR . This Agreement shall continue in full force and effect for a period of four (4) year s from the effective date of the Agreement (the “Term), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Agreement; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement.

Payment
The City of Lancaster shall reimburse the CONTRACTOR for actual costs, including labor costs and employee benefits incurred by the CONTRACTOR in performance of the work, in an amount not to exceed $84,786,165.00.

Design Phase

Actual costs shall not exceed the estimated wage rates and other costs as set forth in the CONTRACTOR proposal. Source documentation supporting billed costs must be submitted with invoice. CONTRACTOR shall provide a cost breakdown with hourly rates for each office and field function in the event that additional work is required beyond the not to exceed amount specified above. Any additional work will require a separate Authorization for Contractor Services signed by both parties.

CONTRACTOR will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by the City of itemized invoices. Invoices shal l be submitted no later than forty- five (45) calendar days after the performance of work for which contractor is billing. Invoices shall detail the work performed on each milestone, on each project , as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title.

Final invoice must contain the final cost and all credits due City. The final invoice should be submitted within sixty (60) calendar days after completion of CONTRACTOR’s work.

Contractor shall not be reimbursed for actual travel expenses incur red in the performance of the work.

Construction Phase

Payment during Construction phase shall be in accordance with Section 7 of the Construction General Provisions included in Exhibit “C” of this Agreement.

Time for Commencement and Completion
Contractor shall commence performance of the Design Phase work no later than three (3) calendar days following issuance of written Notice to Proceed. Construction Phase work shall not commence without written Notice to Proceed from the City. The N otice to Proceed for the Construction Phase shall not be issued until final construction cost estimate and pay request format/itemization/schedule of values has PW-125 (1/14)

been approved by the City. Construction phase time for commencement and time of completion shall be in accordance with the Construction General Provisions included in Exhibit “C” of this Agreement.

Performance of all work shall be completed within three (3) years from the execution of this Design- Build Agreement. In no event shall performance of the work be completed later than three (3) years from the execution of this Design- Build Agreement without the prior written authorization of the City.

If Contractor fails to complete the work in this time period, City may avail itself of any and all remedies provided for in this Agreement.

Sam Laham, Vice President
Bernards Bros., Inc.

FORM 1.2 COST BREAKDOWN

Project Team shall enter the estimated cost of the major project elements as listed below. The total of all cost elements below shall equal the Design-Build Proposed Bid.

1. $ On-Site Improvements

2. $ Off-site Improvements

3. $ Pedestrian Bridge

4. $ Retractable Roof

5. $ Olympic Competition Pool & Olympic Dive Pool

6. $ Splash Pad

7. $ Therapy Pool & Fitness, Recreation, Exercise Poole

8. $ Interior Design and FF&E

9. $ First Aid Room

10. $ Staff Lounges

11. $ Restrooms, including Family and Unisex

12. $ Meeting, “Private” Office, and Multi-purpose Room

13. $ Seating

14. $ Lockers and showers

15. $ Elevators and access stairs

16. $ Pump/Mechanical rooms

17. $ Exterior and Interior Security Cameras

18. $ Burglar and Fire Alarms

19. $ Universal Waste

20. $ Changes, deviations and/or additions identified

21. $ Total of the above (Must Equal Design-Build Proposed Bid)

S I G N H E R E :

Signature of Proposer

D a t e :

Day/Month/Year Title of Proposer
9,437,704
1,508,855
N/A
N/A
48,989,805
N/A
1,200,000
335,755
835,848
1,040,534
5,506,575
930,780
6,509,640
181,527
7,117,063
242,013
642,266
N/A
84,786,165
307,800
- OPTION 2 (1,500 Seats)
N/A
* Please note, FF&E allowance has been reduced per conversations with city's team to $1.2M allowance. No costs included for owner-carried contingency.
*

FORM F-2 ACKNOWLEDGEMENT AND CONTRACT
AMOUNT

Stipulated Sum: Two-Million Dollars
($72,000,000.00)
(Amount established by City of Lancaster)

1. Deduction from Stipulated Sum: (Fill in the deducted dollar amount)

Deduct from Stipulated Sum:

0% _______________________________

5% _______________________________

10% _______________________________

Or

____% ______________________________
(% established by Design-Build entity)

Or

Fixed amount of deduction:

$_____________________________

2. Dollar amount of work performed by the General
Contractor, Subconsultants and Designated
Subcontractors:

$___ __________________
(Amount entered by Design-Build entity)

3. Dollar amount of work to be performed by Non -
Designated Subcontractors (to be bid in accordance
with the requirements of the Design -Build
Agreement.)

$_________________________________
(Amount entered by Design-Build entity)

4. Total Design-Buil Proposed Bid

$_________________________________
(Amount to be entered by Design-Build entity must
equal lines 2 + 3 above)

SIGN HERE: ________________________________________________________________ Signature of the Proposer

DATE ____________________________ _______________________ Day/Month/Year Title of Proposer
22,791,399
84,786,165
- OPTION 2 (1,500 Seats)
61,994,766
______________
mount entered by

VER. 020723 C-1 PWCP 25-008
EXHIBIT "C"

CONSTRUCTION

GENERAL PROVISIONS

SECTION 1 – GENERAL

1-1 GENERAL

Where these Exhibit “C” Construction General Provisions conflict with the Construction Specifications Institute (CSI) Masterformat (Latest Edition) Construction General Provisions, Exhibit “C” Construction General Provisions shall govern; any exceptions shall be at the sole discretion of the Engineer.

Subsection 1-1 of the Standard Specifications is supplemented by the following:

The Contractor shall comply with the provisions of the Standard Specifications for Public Works Construction (SSPWC), latest edition, including all subsequent addenda and supplements, hereinafter referred to as "Standard Specifications", as published by BNI Publications, Inc., 990 Park Center Drive, Suite E, Vista , California 92081, phone (760) 734-1113, and including the additions and amendments contained in these documents.

The SSPWC, latest edition, including all subsequent addenda and supplements, are incorporated herein by reference and are intended to govern the relationship of the parties, except as are modified herein or are inconsistent with the provisions hereof.

The Contractor shall additionally comply with the provisions of the California Building Codes (CBC), latest edition, as published by International Conference of Building Officials, along with all other codes, Standards and Specifications utilized by the City of Lancaster during the course of construction.

To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the City, the City Enginer, their agents, consultants, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, dama ge, loss or expense (1) is attributable to bodily injury, sickness, disease or death (including that sustained by Contractor's or subcontractor's employees), or to injury to or destruction of tangible property (other than the work itself) inc luding the loss of use thereof; and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any negligent act or omissions, whether active or passive, by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist.

The obligations of the Contract under this indemnity and hold harmless agreement shall not apply to (a) liability for damages arising from the sole negligence or willful misconduct of the City, the Capital Construction Manager, their agents, consultants, or independent contractors (other than the Contractor) who are directly responsible to the C apital Program Manager, nor the (b) the liability of the City, the Capital Program Manager, their agents, or employees, or consultants, arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) VER. 020723 C-2 PWCP 25-008
the giving of or the failure to give directions or instructions by the City, the Capital Program Manager, their agents or employees, provided such giving or failure to give is the sole cause of the injury or damage.

1-2 TERMS AND DEFINITIONS

Subsection 1-2 of the Standard Specifications is supplemented by the following:

Whenever the terms listed below appear in the Contract Documents, they shall be defined as follows:

Bid Price - The unit or lump sum amount shown in the Bid Schedule for the work item.

Building Code - California Building Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Caltrans Standard Specifications - Standard Specifications of the State of California Department of Transportation latest edition, including all subsequent addenda and supplements (where specifically called out).

Contracting Agency - City of Lancaster - City

City Council - City Council of City of Lancaster

Council – Los Angeles/Orange Counties Building & Construction Trades Council

Community Work Force Coordinator – delete all references.

Claim – A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating this contract . However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routing request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and cert ification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

Days – Calendar Days, unless otherwise noted

Electrical Code - California Electrical Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto

Engineer – City Engineer, or authorized representative of the City Engineer.

Execution of the Contract by the City - Execution of the Contract by the City will be complete when the City issues a Notice to Proceed.

VER. 020723 C-3 PWCP 25-008
Handbill - A small printed notice personally distributed by hand to individuals identified by the Engineer as specified in PART D. In no event shall handbills be placed in or on any portion of an owner’s mailbox.

Mechanical Code - California Mechanical Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Notice of Completion - Notice executed by the City and Recorded with the County of Los Angeles Recorder giving formal notice of the completion of the work.

Plumbing Code - California Plumbing Code, latest edition, including all subsequent addenda and supplements (where specifically called out) and Lancaster Municipal Code Amendments, thereto.

Prime Specialty Contract – is a contract which the city enters into directly with a specialty contractor, as defined in Section 7058 of the Cal. Business & Professions Code, rather than contracting with a general contractor.

Standard Specifications - The Standard Specifications for Public Works Construction, latest edition, including all subsequent addenda and supplements, and the Standard Plans for Public Works Construction, latest edition, including all subsequent addenda and supplements, prepared by the American Public Works Association.

1-6 BIDDING AND SUBMISSION OF THE BID.

1-6.2 Subcontractor Listing.

Subsection 1-6.2 of the Standard Specifications is supplemented by the following:

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/dir/Labor_law/DLSE/Debar.html.

Non-Collusion Declaration of Subcontractor

The Contractor shall, upon request, obtain and produce the Non- Collusion Declaration of Subcontractors to the effect that the bid is genuine, and that neither the Subcontractor, nor any person or entity associated with the Subcontractor, has directly or indirectly colluded with any person or entity in regard to the bid. Should these forms be requested they must be completed and notarized by each subcontractor listed.

1-7 AWARD AND EXECUTION OF THE CONTRACT.

1-7.1 General.

Subsection 1-7.1 of the Standard Specifications is supplemented by the following:

VER. 020723 C-4 PWCP 25-008
Award

SB 854 bill signed into law on June 20, 2014, established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond- funded and other specified public works projects. The Department of Industrial Relations (DIR) requires contractors and subcontractors who intend to bid or perform work on public works projects (as defined under the Labor Code) be subject to a registration and annual renewal fee. Contractors must apply online and meet minimum qualifications to be registered as eligible to bid and work on public works projects.

The requirement to list only registered contractors and subcontractors on bids becomes effective on March 1, 2015. The requirement to only use registered contractors and subcontractors on public works projects applies to all projects awarded on or after April 1, 2015.

The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within 60 calendar days after the opening of the bids. The City reserves the right to reject any or all bids; to waive any informality in any bid; or to award the contract to any bidder other than the lowest bidder should it deem in its best interest to do so. The City reserves the right to award a contract on the work and any alternates listed in the bid form in sum total, individually, or in any combination. The City reserves the right to award the contract for part or all of the items on the Bid Schedule.

Disqualification of Bidders

More than one bid from any person under the same or different names will not be considered.

Reasonable grounds for believing that any person is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such pe rson is interested. If there is reason for believing that collusion exists among any bidders, none of the participants in such collusion will be considered in future bids. Bids in which the price of any item grossly differs from the current market price may be rejected. Bids from Contractors who do not possess the specified license may be rejected. Bids that do not include proof of certification of an individual trained in providing traffic control in construction zones may be rejected.

Execution of Contract

The contract, in form and contents satisfactory to the City Attorney, shall be executed and submitted by the successful bidder, together with the bonds and insurance within 14 calendar days after such bidder has received the written contract. No bid shall be considered binding upon the City until the execution of the contract by the City. Failure to execute the contract and file acceptable bonds, insurance policies or certific ates, as provided herein, within 14 calendar days, shall be just cause for the annulment of the award, and forfeit of bid guaranty to the City, as liquidated damages. The City may request a complete, notarized financial statement from the Contractor prior to the award of the contract, and w ill notify the Contractor if said statement is required.

1-7.2 Contract Bonds.

Subsection 1-7.2 of the Standard Specifications is supplemented by the following:

VER. 020723 C-5 PWCP 25-008
All bonds shall be in the form acceptable to the City Attorney. At execution of the contract, the successful bidders shall furnish two (2) contract bonds as follows:

a) A Faithful Performance Bond in the amount of 100% of the contract price

b) A Labor and Material Bond in the amount of 100% of the contract price

The Faithful Performance and Labor and Material bonds shall be submitted on forms furnished by the City. Said bonds shall be secured by an "admitted surety insurer" (as defined in the California Code of Civil Procedure Section 995.120, or success or statute) who can either: (i) meet the minimum rating of A-: VII in the latest edition of the Best's Key Rating Guide Property-Casualty; or (ii) provide the following documentation as mandated by the California Code of Civil Procedure Section 995.660, or successor statute:

(1) The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws, or other instrument entitling or authorizing the person who executed the bond to do so.

(2) A certified copy of the certificate of authority of the insurer issued by the Insurance Commissioner.

(3) Evidence that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled, or suspended or, in the event that it has, that renewed authority has been granted.

(4) Copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with Section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code.

Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the City.

SECTION 2 – SCOPE OF THE WORK

2-2 PERMITS.

Subsection 2-2 of the Standard Specifications is supplemented by the following:

Permits, Applications, Notices and Inspections

No work shall be started within the street right- of-way or on City property until the Contractor has obtained the necessary permits.

All permits, applications, notices and inspections required by the duly authorized governmental agency and servicing utility companies shall be obtained by the Contractor. No fee permits shall be obtained from the City of Lancaster. All inspections by t he governmental agency and/or the servicing utility shall be arranged and applied for by the Contractor and he shall deliver all inspection VER. 020723 C-6 PWCP 25-008
certificates to the Engineer prior to final acceptance of the work. All fees, including but not limited to permit issuance, inspection, plan check, and charges connected with any permits and/or applications shall be included in the original bid price and shall not be the cause for additional charges or claims by the Contractor.

Business License

The Contractor shall have a business license to perform work in the City of Lancaster.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.

2-5.2 Temporary Utility Services.

Subsection 2-5.2 of the Standard Specifications is supplemented by the following:

Recycled Water

When project limits are located, in whole or in part, between 50th Street West and 50th Street East, Contractor shall not draw water from any potable water fire hydrant (except to extinguish a fire); Contractor shall draw water from recycled water hydrants. With each public contract, the Contractor shall make application for recycled water use to the City of Lancaster Development Services Department Utilities Services Division. If recycled water is unavailable, the Contractor shall obtain a waiver for each contract , in writing, from the City of Lancaster Development Services Department Utilities Services Division allowing the Contractor to obtain permission to draw potable water from the potable water utility owner.

2-9 CHANGED CONDITIONS.

Subsection 2-9 of the Standard Specifications is supplemented by the following:

When the Engineer and the Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of work as therein contemplated, or fail to agree on the compensation to be allowed for such altered work, the Contractor shall forthwith proceed with the altered work upon written order from the Engineer. Pending a settlement of the dispute, the Contractor shall file with the Engineer within 48 hours after receiving such written notice to proceed, a claim setting forth in detail in what particulars the character of the work was changed and by what amount the unit cost was increased.

The failure of the Engineer to recognize a change in the character of the work when ordering alterations shall in no way be construed as relieving the Contractor of his duty and responsibility for filing a claim as above provided. The Contractor shall receive no additional compensation for such altered work unless he files such a claim within 48 hours after receiving notice from the Engineer to proceed and full settlement shall be made on the basis of the contract unit prices.

VER. 020723 C-7 PWCP 25-008
SECTION 3 – CONTROL OF THE WORK

3-3 SUBCONTRACTORS.

Subsection 3-3 of the Standard Specifications is supplemented by the following:

No subcontract releases the Contractor from the contract nor relieves the Contractor of their responsibility for a subcontractor's work.

Your attention is directed to revisions by the Department of Industrial Relations (DIR) to Labor Code Section 4. 1725.5 and Section 5. 1771.1, whereby each subcontractor must be registered and pay an annual renewal fee per SB 854 in order to engage in the performance of any contract for public works which is subject to requirements of this chapter. This language must be included in all subcontracts.

Each subcontractor must have an active and valid State contractor's license with a classification appropriate for the work to be performed (Bus & Prof Code, § 7000 et seq.).

Before subcontracted work starts, submit a Subcontracting Request form.

Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to prosecute the work satisfactorily.

CWA

This project shall comply with the requirements of the COMMUNITY WORKFORCE

AGREEMENT BY AND BETWEEN THE CITY OF LANCASTER AND LOS

ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE SIGNATORY CRAFT COUNCILS AND UNIONS (“CWA”) for all Project Work agreements executed after July 1, 2 025 and all Amendments . The Contractor, and each of its subcontractors, of whatever tier, shall be required to submit LETTER(S) OF ASSENT in accordance with the CWA.

No Contractor or subcontractor shall commence Project Work without having first provided a copy of the LETTER OF ASCENT as executed by it to the Community Workforce Coordinator and to the Council forty -eight (48) hours before the commencement of Project Work, or within forty- eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the documents described in the CWA, with the appropriate Craft Union prior to the subcontractor beginning work on covered Projects.

3-4 AUTHORITY OF THE BOARD AND ENGINEER.

Subsection 3-4 of the Standard Specifications is supplemented by the following:

VER. 020723 C-8 PWCP 25-008
Neither the City of Lancaster, the City Mayor, the Engineer, nor any other officer or authorized representative of the Agency shall be personally responsible for any liability arising under this Contract.

Any order given by the Engineer, not otherwise required by the Agreement to be in writing, will, upon request by the Contractor, be given or confirmed by the Engineer in writing.

3-5 INSPECTION.

Subsection 3-5 of the Standard Specifications is supplemented by the following:

Inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the Contract. Defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such defective work and materials have been previously approved by the Engineer or included in the quantities for progress payments.

3-6 THE CONTRACTOR'S REPRESENTATIVE.

Subsection 3-6 of the Standard Specifications is supplemented by the following:

The Contractor shall designate in writing before starting work, an authorized representative who shall have the authority to represent and act for the Contractor.

Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the contract. No work by subcontractors will be allowed in the absence of said authorized representative, unless previous arrangements are agreed to by the Engineer. In the event a subcontractor attempts to perform work in the absence of the authorized representative , a STOP NOTICE may be issued to the subcontractor.

When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

3-7 CONTRACT DOCUMENTS.

Subsection 3-7 of the Standard Specifications is supplemented by the following:

The approved project plans shall be supplemented by such working drawings that may be necessary to adequately control the work. All authorized alterations affecting the requirements and information given on the approved Project Plans shall be in writing. No changes shall be made on any plan or drawing after the same has been reviewed by the City, except by its direction. Any shop or working drawings furnished by the Contractor shall be at his own expense and are subject to review, unless review is waived by the Engineer. All such plans shall be in conformity with the approved Project Plans. Although they were reviewed by the Engineer, the Contractor shall be responsible for accuracy of dimensions or details.

VER. 020723 C-9 PWCP 25-008
3-10 SURVEYING.

3-10.1 General.

Subsection 3-10.1 of the Standard Specifications is supplemented by the following:

The Engineer shall provide all construction survey staking at no cost to the Contractor. The Contractor shall be responsible for preserving construction survey stakes and marks for the duration of their usefulness.

If construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Engineer at the expense of the Contractor. The Contractor shall notify the Engineer at least 2 working days before he will require survey service s in connection with the laying out of any portion of the work.

The cost of delays, errors and overtime payments to the Engineer due to improper or incomplete scheduling or notification of survey work by the Contractor shall be borne by the Contractor.

3-12 WORK SITE MAINTENANCE.

Subsection 3-12 of the Standard Specifications is supplemented by the following:

Refuse Collection and Disposal

The Contractor shall comply with Section 13.16 of the Lancaster Municipal Code with regard to waste disposal. Should the Contractor choose to procure the services of a commercial waste hauler, he shall use the City's franchise waste hauler for the removal and disposal of waste.

Dust Control

Dust resulting from the Contractor's performance of the work, either inside or outside of the right-of-way, shall be controlled by the Contractor in accordance with Section 3-12 of the Standard Specifications and AQMD Rule 403, as amended, or any subsequent corresponding rule adopted by the Antelope Valley Air Quality Management District (AVAQMD) on or after July 1, 1997.

Dust control shall be in effect at all times during earth work operations, earth hauling operations, while heavy equipment is operating, and at all other times when dust could be generated.

Stockpiled earthen materials shall also be treated for dust control as needed.

The Contractor shall be liable for any and all fines which may be imposed by AQMD or AVAQMD. In addition, the City of Lancaster may impose a $500 per day penalty for each calendar day the Contractor is not in compliance with the provisions of this specification.

No separate payment will be made for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in providing dust contr ol in accordance with Section 3-12 of the Standard Specifications and AQMD Rule 403, as amended, or any subsequent corresponding rule adopted by AVAQMD on or after July 1, 1997. Full compensation for dust control shall be included in the various items of work involved.

VER. 020723 C-10 PWCP 25-008
Flow and Acceptance of Water

It is anticipated that storm, surface or other waters may be encountered at various times and locations during work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk rising from such waters and has prepared his bid accordingly, and Contractor, by submitting his bid, assumes all risk.

3-12.5 Sanitary Sewers.

3-12.5.1 General.

Subsection 3-12.5.1 of the Standard Specifications is supplemented by the following:

Sewer System O&M Program Requirements

O&M Program requirements are applicable to all Contractors working on City sanitary sewer systems facilities. Contractors shall be appropriately trained as indicated below.

The Contractor shall certify that its employees have been trained in operations and maintenance of sanitary sewer systems.

The Contractor shall demonstrate that their employees have been trained through:

a. Training records
b. Class content materials
c. Providing certification, of no less than 1 of the Contractor’s employees on the project hold a valid/current CWEA Grade I Certificate in Collection System Maintenance Technology. Depending on the size of the sewer project more than one employee may be req uired to be certified. The requirements for CWEA certification process for Grade I require:
i. No education or experience
ii. Successful completion of an examination to obtain the certificate iii. 12 training hours every 2 years to maintain the certificate iv. Payment of membership and testing fees

3-12.5.3 Sewer Spill Prevention and Emergency Response Plan.

Subsection 3-12.5.3 of the Standard Specifications is supplemented by the following:

Spill Emergency Response Plan (SERP)

An SERP shall be prepared by Contractors working on City Sanitary Sewer Systems facilities.

The Contractor is required to develop project -specific SERP subject to agency approval and to train their employees regarding its content and implementation. The Contractor is required to conduct a drill witnessed by the City to demonstrate that they have appropriate equipment and training.

VER. 020723 C-11 PWCP 25-008
3-13 COMPLETION, ACCEPTANCE AND WARRANTY.

3-13.1 Completion.

Subsection 3-13.1 of the Standard Specifications is supplemented by the following:

Until the formal acceptance of the work by the Agency, the Contractor shall have the charge and care thereof and shall bear risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution of from the non-execution of the work.

The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance and shall bear the expense thereof. The determination to rebuild, repair, or restore shall be made by the Engineer and his decision shall be final. In case of suspension of the work for any cause whatsoever, the Contractor shall be responsible for all materials and shall properly store them if necessary and shall erect temporary protective structures where necessary.

3-13.3 Warranty.

Paragraph 1 of Subsection 3-13.3 shall be amended to read as follows:

The Work shall be warranted by the Contractor against defective materials and workmanship for a period of 90 days for Landscaping and Irrigation Improvements and for a period of 1 year for all other improvements. The warranty period for Landscaping and Irrigation Improvements shall start on the date the Work was completed as determined by the Engineer. The warranty period for all other improvements shall start on the date the Work was formally accepted by the Agency.

Subsection 3-13.3 of the Standard Specifications is supplemented by the following:

Corrective work shall be performed within 2 working days after receiving notice from the Engineer or within that time as may be allowed by the City. Notice may be by phone or letter to the Contractor. The Contractor will be responsible for defective materials and must replace defective material at his cost.

SECTION 4 – CONTROL OF MATERIALS

4-1 GENERAL.

Subsection 4-1 of the Standard Specifications is supplemented by the following:

Materials and workmanship, unless indicated or specified otherwise, shall be in strict conformity with the Standard Specifications for Public Works Construction, latest edition, and all addenda thereto; nothing in these Specifications is to be construed to permit work below the standards of these ordinances and those of the Occupational and Safety Health Act. Any work found after acceptance of the Contract which does not comply with applicable codes shall be made to conform to the codes.

All materials and equipment shall be new and bear the label of, or be listed by, the Underwriter's Laboratories or the National Fire Protection Association, where applicable. All materials shall be VER. 020723 C-12 PWCP 25-008
the standard products of manufacturers regularly engaged in the production of such material and shall be the latest approved design.

All materials of the same type shall be supplied by the same manufacturer.

All materials and equipment shall be installed in a secure, neat, and workmanlike manner by competent workmen, and any item not so installed shall be corrected to meet the complete approval of the Engineer. If at any time, the Contractor believes that he cannot secure proper results through the use of materials and the procedure specified, it shall be his obligation to immediately notify the Engineer in writing, setting forth his decision.

Materials Furnished

The Contractor shall furnish all materials required to complete the work except such materials as may be designated in the Special Provisions to be furnished by the City.

Cleaning Equipment and Materials

The Contractor shall thoroughly clean all fixtures, apparatus, and equipment installed under his contract. Any dirt, rubbish or grease on walls, poles, walks, equipment or fixtures, for which the Contractor is responsible, must be removed by him and the premises left in first class condition in every respect. All rubbish resulting from the work shall be removed from the site by the Contractor, from time to time during construction, and/or when so directed by the Engineer.

Removal of Defective or Unauthorized Work

All work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no additional compensation will be allowed him for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contract or to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed and to deduct cost of same from any monies due, or to become due, the Contractor.

Graffiti Abatement

All construction equipment, traffic control devices, and the general job site shall be maintained in an essentially graffiti-free state. The General Contractor will be solely responsible for all labor and materials required to maintain this condition. The General Contractor shall have 24 hours in which to rectify any graffiti condition brought to his/her attention in writing by the Engineer representing the City. Should the graffiti not be removed in the allotted time, a fee of $500.00 for each 24 hour period will be assessed by the City to the General Contractor until resolution of the situation. If the City determines that the graffiti cleanup is taking an inordinate amount of time, the City shall, at its own discretion, have the right to clean up the graffiti. The Contractor shall pay all costs associated with graffiti cleanup work performed by the City plus accrued penalt ies.

If the Contractor fails to pay for the cleanup, such payment shall be deducted from monthly progress payment due the Contractor.

VER. 020723 C-13 PWCP 25-008
Quality Assurance

The City may retain various specialists such as material and soils testing laboratories to observe performance of work such as earthwork in connection with excavation, filling, and grading. Work performed that does not meet technical or design requirements shall be corrected by the Contractor at no additional expense to the City. No deviations from the Contract Documents without specific and written acceptance of the City shall be accepted.

4-2 PROTECTION.

Subsection 4-2 of the Standard Specifications is supplemented by the following:

Protection of Work and Materials

The Contractor assumes all responsibility for materials, storage, damage to equipment, and safety to all personnel and public, until final acceptance by the Agency. The Contractor will be held responsible for defective material, and if at any time there i s defective material obtained, the defective material shall be removed from the worksite and new material(s) shall be obtained.

4-3 INSPECTION.

4-3.1 General.

Subsection 4-3.1 of the Standard Specifications is supplemented by the following:

Concealment of Work

In order to allow for inspection, and in addition to any inspection required, the Contractor shall notify the Engineer sufficiently in advance of the permanent concealment of any materials or work.

If any work is concealed or performed without the prior notice specified above, then the work shall be subject to such tests or exposure as may be necessary to prove to the Engineer that the materials used and the work done are in conformity with the plans and specifications. All labor and equipment necessary for exposing and testing shall be furnished by the Contractor at its expense.

The Contractor shall replace, at its own expense, any materials or work damaged by exposure or testing.

4-4 TESTING.

Subsection 4-4 of the Standard Specifications is supplemented by the following:

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retes ting of material or workmanship that fails to pass the first test, shall be borne by the Contractor.

VER. 020723 C-14 PWCP 25-008
If, after testing, it is found that sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. After approval, any material which becomes unfit for use due to improper storage, handling, or any other reason, shall be rejected.

4-6 TRADE NAMES.

Subsection 4-6 of the Standard Specifications is supplemented by the following:

The designation of a brand name or catalogue number in these specifications is not intended to restrict bidding. It shall be, as approved in writing, at the absolute discretion of the City, however, to determine whether or not any substitute product is in fact equal. Where the Contractor elects to use a substitute item to that named in the specifications or on the plans he shall first submit a written request to the Engineer and receive the Engineer's written approval to do so before incorporating the item in the project. Any substitute item not receiving such approval shall be removed.

SECTION 5 – LEGAL RELATIONS AND RESPONIBILITIES

5-3 LABOR.

5-3.1 General.

Subsection 5-3.1 of the Standard Specifications is supplemented by the following:

Employment of Apprentices

Attention is directed to the provisions in Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

Information on award of contracts is reported to the California Department of Industrial Relations - Division of Apprenticeship Standards in accordance with Section 3098, Chapter 4, Division 3, of the California Labor Code. Information relative to apprent iceship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards Branch offices.

5-3.3 Payroll Records.

Subsection 5-3.3 of the Standard Specifications is supplemented by the following:

All Contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

The Contractor is required to report payroll activities to ensure compliance with Section 5-3.2 of the Standard Specifications. The City may require the Contractor to also submit certified Payroll VER. 020723 C-15 PWCP 25-008
Summary Forms upon request, listing each person who is employed on their project by the Contractor and by Subcontractors, their classification and hourly rate.

When requested, certified payroll summaries, shall be submitted to the City. Pay requests will be processed after the City has reviewed the applicable payrolls and found them to be in compliance with California Labor Code.

5-4 INSURANCE.

5-4.2 General Liability Insurance.

Subsection 5-4.2 of the Standard Specifications is supplemented by the following:

Insurance Requirements for Contractors

Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and e ndorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from execution of contract until acceptable insurance is provided.

Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's bid.

Once the apparent low bidder has been identified, the apparent low bidder shall present evidence in writing to the City of Lancaster of the following limits of insurance coverage:

Commercial General Liability
Each Occurrence $5,000,000
Per Project General Aggregate $10,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Property Damage
XCU Coverage Must Not Be Excluded
(Coverage shall be at least as broad as ISO form CG2010 11/85 OR CG2010 07/04 AND CG2037 07/04, or an equivalent providing ongoing and completed operations)

Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $10,000,000
(Coverage shall be at least as broad as ISO form CA00 01)

Workers Compensation
As Required by the State of California Statutory Limits

Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
VER. 020723 C-16 PWCP 25-008
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers’ Compensation & Employer’s Liability policies)

A. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

B. Any deductibles or self -insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer sha ll procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

C. All insurance shall be primary and non- contributory as respects the City insured entities. Any insurance or self -insurance maintained by the City insured entities shall be in excess of the Contractor’s insurance and shall not contribute with it.

D. Contractor shall furnish the City with Certificates of Insurance and endorsements effecting coverage required by this Agreement. Certificates of insurance shall meet the following requirements:

1. Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.

2. List in the “Descriptions of Operations/Locations/Vehicles/Special Items” section:

PWCP 25-008 Marvin E. Crist Aquatics Facility
The City of Lancaster, its elected officials, officers, employees, and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.

3. List in the “Certificate Holder” section:

The City of Lancaster
44933 Fern Avenue
Lancaster, California 93534

E. Contractor shall include all subcontractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the Contractor.

F. The coverage provided under this contract shall not contain any special limitations on the scope of protection afforded to the City insured entities.

Verification of Coverage

Contractor shall furnish the Agency with certificates of insurance and with original endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. The Agenc y reserves the right to require complete, certified copies of all required insurance policies, at any time.

VER. 020723 C-17 PWCP 25-008

Subcontractors

Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK.

Subsection 6-1 of the Standard Specifications is supplemented by the following:

The Contractor shall submit an electronic Project Schedule to the Engineer for approval at least 48 hours prior to the preconstruction conference. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Engineer may withhold approval of progress payments until the Contractor submits the required schedule.

The Contractor shall update the schedule every two (2) weeks and provide the updated schedule to the Engineer and the Inspector. If, in the opinion of the Engineer , the Contractor falls behind the approved schedule, the Contractor shall take steps necessary to improve its progress, including those that may be required by the Engineer , without additional cost to the Agency. In this circumstance, the Engineer may require the Contractor to increase the number of shifts , overtime operations, days of work, and/or the amount of construction plant , and to submit for approval any supplementary schedule or schedules in chart form as the Engineer deems necessary to demonstrate how the approved rate of progress will be regained.

Failure of the Contractor to comply with the requirements of the Engineer under this clause shall be grounds for a determination
by the Engineer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Engineer may terminate the Contractor 's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

In the event the Contractor must modify the Project Work Schedule, a written request to modify the Schedule shall be submitted to the Engineer for approval at least 48 hours prior to the intended change prior to commencing on the changed portion of the work. Performing work out of sequence with the approved schedule may result in issuance of a Stop Notice. Contract Working Days will continue to count until the schedule is revised and work sequence is compliant.

Preconstruction Conference

A Preconstruction Conference will be held for the Contractor, the subcontractors and affected agencies and utilities. The date, time and location of said conference shall be scheduled by the Engineer. The Contractor shall submit the following forms and/or information 48 hours prior to the preconstruction conference: Emergency Contact Information, Project Construction Schedule, Schedule of Values for all Lump Sum items, designation of Project Superintendent and designation of Certified Traffic Control Person assigned to the project.

VER. 020723 C-18 PWCP 25-008

Emergency Information

The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Engineer and the Los Angeles County Sheriff's Department prior to beginning the work.

6-2 PROSECUTION OF THE WORK.

Subsection 6-2 of the Standard Specifications is supplemented by the following:

The Contractor shall conduct his operations so as to have under construction no greater length or amount of work than he can prosecute properly. Prior to starting any phase of the work, the Contractor shall be prepared and shall have sufficient materials and labor on hand to prosecute the work to completion.

6-3 TIME OF COMPLETION.

6-3.1 General.

Subsection 6-3.1 of the Standard Specifications is supplemented by the following:

Holiday Moratorium

This project shall comply with the City of Lancaster Moratorium Policy. No excavation or work shall occur within the public right-of-way on Primary Arterials, Secondary Arterials, and Collector Streets between November 15
th to January 2 nd, except public safety emergency work or with written permission from the Engineer. Work commenced prior to the Holiday Moratorium shall be in such a condition that it will be resurfaced prior to November 15 th.

Night, Weekend and Holiday Work

No work shall be performed at night, on Saturdays, Sundays, or on holidays observed by the City of Lancaster, except work pertaining to the public safety, or with the permission of the Engineer and in accordance with such regulations as he shall furnish in writing.

Before performing any work at said times, except work pertaining to the public safety, the Contractor shall submit a written request to the Engineer 48 hours in advance of the intended nighttime, weekend, or holiday work so that proper inspection may be provided. "Night" as used in this paragraph shall be deemed to include the hours from 5 p.m. to 7 a.m. of the succeeding day.

The Contractor will reimburse the City for the inspector's time at the most current rate determined by the City's Finance Departme nt. At the time of this printing the rate for inspection is $ 166.00 per hour straight time, and $249.00 per hour overtime.

VER. 020723 C-19 PWCP 25-008

Listed below are the Holidays that will be observed by the City of Lancaster during 2026:

New Year’s Day Thursday, January 1
Martin Luther King, Jr. Day Monday, January 19
President's Day Monday, February 16
Memorial Day Monday, May 25
Juneteenth Friday, June 19
Independence Day Friday, July 3
Labor Day Monday, September 7
Columbus Day Monday, October 12
Veterans Day Wednesday, November 11
Thanksgiving Day Thursday, November 26
Day after Thanksgiving Friday, November 27
Christmas Eve Day Thursday, December 24
Christmas Day Friday, December 25
New Year’s Eve Day Thursday, December 31

Listed below are the Holidays that will be observed by the City of Lancaster during 2027:

New Year’s Day Friday, January 1
Martin Luther King, Jr. Day Monday, January 18
President's Day Monday, February 15
Memorial Day Monday, May 31
Juneteenth Friday, June 18
Independence Day Monday, July 5
Labor Day Monday, September 6
Columbus Day Monday, October 11
Veterans Day Thursday, November 11
Thanksgiving Day Thursday, November 25
Day after Thanksgiving Friday, November 26
Christmas Eve Day Thursday, December 23
Christmas Day Friday, December 24
New Year’s Eve Day Thursday, December 30

6-4 DELAYS AND EXTENSION OF TIME.

6-4.1 General.

The first paragraph of Subsection 6-4.1 of the Standard Specifications is supplemented by the following:

If delays are caused by unforeseen events beyond control of both the Contractor and the Agency, such delay will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to such delays.

War, government regulations, labor disputes, strikes, floods, adverse weather necessitating cessation of labor, required "extra work", proper installation of required utilities in street right-of-way prior to paving, or other specific reasons as may be further described in the specifications may constitute such delay.

VER. 020723 C-20 PWCP 25-008

No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule.

The Contractor will not be assessed liquidated damages for delay in completion of the project, when such delay is caused by failure of the Agency or the owner of the utility to provide for removal or relocation of existing utility facilities. Notwithstanding any of the provisions in Subsection 402-5 and Subsection 6-4.3 of the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay; the Contractor will be entitled to an extension of time as provided in Subsection 6-4 but will not be entitled to any other compensation for such delay.

6-5 USE OF IMPROVEMENT DURING CONSTRUCTION.

Subsection 6-5 of the Standard Specifications is supplemented by the following:

Before taking possession of or using any work, the Engineer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Agency intends to take possession of or use. However, failure of the Engineer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract.

The Agency's possession or use shall not be deemed an acceptance of any work under the contract.

6-6 SUSPENSION OF THE WORK.

6-6.2 Archaeological and Paleontological Discoveries

Subsection 6-6.2 of the Standard Specifications is supplemented by the following:

During construction, if subsurface archaeological resources are encountered, they shall be left in place and a qualified archaeologist called to examine the findings. Work shall not resume until the archaeologist has reviewed the findings, made recommenda tions for their removal or preservation, and has a reasonable opportunity to carry out the necessary mitigation procedures.

If the Contractor shows that there is no reasonable way to proceed with other work items, the counting of working period will stop. There will be no compensation for this type of delay.

6-9 LIQUIDATED DAMAGES.

Subsection 6-9 of the Standard Specifications is supplemented by the following:

The amount of liquidated damages is hereby revised to $500 per calendar day.

In addition to the liquidated damages specified above, if the Contractor fails to complete the work within the time specified for completion, plus any authorized time extensions, the Agency shall have the right to charge the Contractor all or any part, as it may deem proper, of the actual costs of inspection, supervision and other overhead expenses that are directly chargeable to the project and that accrue after the expiration of such specified time for completion plus authorized extensions.

This charge will be in addition to the payment of liquidated damages.

VER. 020723 C-21 PWCP 25-008

SECTION 7 – MEASUREMENT AND PAYMENT

7-3 PAYMENT.

Subsection 7-3 of the Standard Specifications is supplemented by the following:

Drawing of Record

Contractor shall maintain a set of drawings on the job site to show all changes in work, dimensions of underground runs, locations, etc. Drawings shall be updated daily. Upon completion of the work, these drawings of record shall be delivered to the Engi neer. The project shall not be submitted for City Council acceptance prior to approval of Drawings of Record ("As Built Drawings"), and retention cannot be paid until 35 days after a "Notice of Completion" has been recorded by the County Recorder's office except such amounts as are required by law.

Taxes

Bidders shall include any and all taxes in their bids.

It shall be the sole responsibility of the bidder to determine the applicability of any and all taxes which may or may not be due under the provisions of these specifications.

7-3.2 Partial and Final Payment.

Subsection 7-3.2 of the Standard Specifications is supplemented by the following:

Regardless of Section 7-3.2 of the General Provisions of the Standard Specifications, 5% will be deducted and retained by the City from each progress payment, and the remainder less the amount of all previous payments, liquidated damages and penalties will be paid to the Contractor.

As between the City and any other party, whether it be the Contractor, his surety, subcontractor or any other party, the City shall have the first priority right to satisfy any and all of its claims, costs, losses, and damages, to the full amount of the re tention, which may have been caused by the Contractor in the execution, breach, or omission of his duties hereunder.

Prior to the commencement of the Work, the City shall provide a schedule of deadlines by which the Contractor must submit pay requests. Any pay requests submitted after the deadline has passed will be reviewed for the following payment period and no exceptions to the deadline will be considered. Request for payments are to only be submitted in the format for payment requests designated by the City.

Retention of Funds to Ensure Performance

Pursuant to Public Contract Code Section 22300 and upon Contractor's request, the City will make payment of funds retained from progress payments for performance security if the Contractor deposits in escrow with the City Treasurer or with a state or feder al-chartered bank acceptable to the City, funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following terms and conditions:

VER. 020723 C-22 PWCP 25-008

A. The Contractor shall bear the expense of the City and the escrow agent, either the City Treasurer or the bank, in connection with the escrow deposit made.

B. Securities or certificates of deposit shall be of a value of at least 100% of the amounts of retention to be paid to the Contractor pursuant to this Section.

C. The Contractor shall enter into an escrow agreement satisfactory to the City which agreement shall include provisions governing inter alia:

1. The amount of securities to be deposited.

2. The Contractor shall be the beneficial owner of any securities substituted and shall receive any interest of dividends thereon.

3. The providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.

4. Conversion to cash to provide funds to meet defaults by the Contractor.

5. The decrease in value of securities on deposit.

6. The termination of the escrow upon completion of the Contract.

D. The Contractor shall obtain the written consent of the surety to the escrow agreement.

Final Payment of Retention; Presentment of All Claims; Release of Any Claims Not Presented

Contractor shall, at the time he requests the retention amount or return of the retention securities, present in writing all claims which he may have against the City. Any claims which have not been presented in writing to the City at or prior to such time shall be deemed waived, and in regard thereto, the City is thereby released and forever discharged of any responsibility as to such unpresented claims. For the purposes of this paragraph, an oral presentment shall not be deemed sufficient to constitute a presentment.

Release of Retained Funds

The funds retained by the City will be paid to the Contractor 35 days after a "Notice of Completion" has been recorded by the County Recorder's office, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained.

Partial Payments

All pay requests shall be for work completed by the end of the month of each month and shall be submitted on or by the 5
th day of the following month. Payment shall be in the amount of the total value of work approved by the Engineer, less retention. Said estimate and payment will not be made when, in the judgment of the Engineer, the total value of the work done since the last estimate VER. 020723 C-23 PWCP 25-008
amounts to less than $300. Once pay requests are approved by City staff, they will be forwarded to the Finance Department to be included in the next available payment cycle.

Delayed Payments

All monies due the Contractor under the Contract will be paid as required by law, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of Contract on the part of the Agency.

7-5 PAYMENT FOR CHANGES REQUESTED BY THE CONTRACTOR.

Subsection 7-5 of the Standard Specifications is supplemented by the following:

Value Engineering

The State of California Department of Transportation Standard Specifications, latest edition, Subsection 5-1.14, Cost Reduction Incentive, is included in these Specifications by reference herein.

Proprietary Names and Substitutions

a. Whenever any equipment, material, or process is indicated or specified by patent of proprietary name, or by name of manufacturer, such reference is used to establish the type, function, and quality required. Such references shall be deemed to be preceded by the words “equal and similar to.” The Contractor may offer any equipment, material, or process for which the Contractor submits data supporting that such are substantially equal to that indicated or specified. Final determination of the acceptability of such substitute items shall rest with the Engineer. Engineer may consider the strength, appearance, durability, reliability, dimension, finish, efficiency, maintainability, service history, life cycle cost, and other characteristics of the proposed substitute in making that determination.

b. A substitute item shall be a standard, catalogued product of a company regularly engaged in the manufacture of such items. No custom or prototype substitutes will be accepted. The Contractor shall certify that a substitute item will perform adequately th e functions and achieve the results called for by the general design, be similar and of equal substance, and be suited to the same use as the specified item. Contractor shall identify all differences between the proposed substitute and the specified, and state whether or not acceptance of the proposed substitute will require a change in the Contract Documents to adapt the design to the proposed substitute. Any redesign or changes in the Work resulting from acceptance of a substitute will be at the sole ex pense of the Contractor. The Contractor shall furnish such data concerning and perform such testing of the proposed substitute item and determine if it is substantially equal. Additional information requested by the Engineer shall be furnished by the Contractor within 7 calendar days of such request.

c. For purposes of approving substitutions prior to bid opening the Contractor shall submit the necessary paperwork 10 calendar days prior to bid opening. The project shall be bid based on the approved Plans and Specifications. If, and only if, a substitution is approved prior to bid opening, it shall thereby be considered part of the approved Plans and Specifications.

VER. 020723 C-24 PWCP 25-008
d. For purposes of approving substitutions as value engineering after bid opening, offers of substitute items shall be made within 25 percent of the total Contract Time after the Notice to Proceed. The Contractor shall allow the Engineer 28 calendar days rev iew time to evaluate substitute items unless otherwise stated in the Specifications. No extension of the Contract Time will be authorized for any circumstance developing from the provisions of this Subsection. Failure to comply with the provisions of thi s Subsection will be sufficient cause for rejection of a proposed substitute.

SECTION 400 – PROTECTION AND RESTORATION

400-1 GENERAL.

Section 400-1 of the Standard Specifications is supplemented by the following:

Clean-up and Restoration

(a) Clean-up: The Contractor shall properly clean the work as it progresses and prevent his operations from producing dust in amounts damaging to property or annoying persons living in the vicinity.
(b) Restoration: Any landscaping, fences, and walls disturbed during construction shall be replaced in a professional manner and as nearly as possible to their original condition.

(c) Payment: Payment for clean-up and restoration shall be included with other items of work.

Protection of Property

All facilities such as utilities, drainage structures, fences, walls, and other structures encountered shall be protected in place and any damage to such facilities shall be repaired or replaced immediately to the satisfaction of the Engineer. Fences and other structures may be removed only with the permission of the Engineer.

The Engineer has attempted to show all pertinent existing underground utilities or substructures; however, it is the Contractor's responsibility to use due caution and to protect all utilities or substructure discovered, whether shown on the Plans or not.

The Contractor shall be responsible for any and all damage resulting from his construction activities. The damage shall be repaired or replaced to the satisfaction of the Engineer prior to final approval of this project.

Use of Private Property

The Contractor shall not place construction materials, soil, debris or other materials and items such as vehicles and equipment on privately owned property in the vicinity of the project without first having obtained in writing the approval of the owner(s) of those properties. A copy of each such approval form shall be provided to the inspector before the property is used. Any such property shall be restored to the satisfaction of the owner and the City before the project will be accepted.

A written sign -off letter from the property owner shall be filed with the City prior to the final project acceptance by the City Council.

VER. 020723 C-25 PWCP 25-008

400-2 PERMANENT SURVEY MARKERS.

Section 400-2 of the Standard Specifications is supplemented by the following:

Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made thereof.

All costs incurred for replacing existing survey monuments as a result of willful or careless destruction by the Contractor shall be borne by the Contractor.

SECTION 402 – UTILITIES

Section 402 of the Standard Specifications is supplemented by the following:

Location and Protection of Underground Hazardous Utilities

The Contractor is hereby notified that, as called out in the Special Provisions, there are underground utilities within the construction area which may be potentially hazardous if damaged.

A hazardous substance shall be defined as one having the potential for an immediate disaster, such as, but not limited to gasoline, electricity, fuel oil, butane, propane, chemicals, natural gas, or chlorine. Abandoned or inoperative utilities designed to carry hazardous substances shall be declared hazardous until determined otherwise.

During all excavation and trenching operations the Contractor will be required to exercise extreme precaution and protect these utilities from damage. Forty-eight (48) hours prior to any excavation in the proximity of the lines, the Contractor shall request the owners of these utilities, at the owner's cost, to accurately determine the locations and depths of their potentially hazardous lines as follows:

1. The Contractor shall not trench or excavate within the area where a utility known to carry a hazardous substance exists until the owner is present and its location has been determined by potholing or other proven methods acceptable to the Engineer at inter vals sufficient to determine its exact location. In no case shall the intervals between potholes or the location by other proven methods approved by the Engineer, exceed the distance set forth as follows:

a. Excavation for highway or street construction:

The utility shall be located at intervals not greater than 25' for lines up to 8" in diameter, 50' for lines greater than 8" to 24" in diameter, and 100' for lines greater than 24" in diameter.

b. Trench excavation:

VER. 020723 C-26 PWCP 25-008

(1) Longitudinal utilities:

Longitudinal utilities in the street shall be located at intervals not greater than 500'. If determined to be within 6' of the excavation, it shall be further located at intervals not greater than 100'.

If the longitudinal location is less than 3' from any excavation, the utility shall be located at intervals not greater than 25' for lines up to 8" in diameter, 50' for lines greater than 8" to 24" in diameter, and 100' for lines greater than 24" in diameter.

(2) Transverse utilities:

If the location of the utility is above the contract facility being installed it shall be carefully exposed by the owner and protected by the Contractor in a manner satisfactory to the owner prior to trenching or other excavation. If the clearance exceeds the minimums specified below, it need only be located.

c. After it is determined that the horizontal or vertical clearance between the utility known to carry hazardous substances and the construction limits is less than 12" (18" if scarifying), the Contractor shall confer with the owner. Unless the owner elects to relocate the line or take it out of service, the Contractor shall not excavate until the line has been completely exposed by the owner within the limits of construction.

2. Once the physical location of the utility known to carry hazardous substances has been determined, the Contractor, in cooperation with and with the concurrence of the utility owner, shall determine how to protect and/or support utility from damage before proceeding with this work. The owner of the utility has the right, however, to support and/or protect its utility at the sole expense of the Contractor.

3. The Contractor shall notify the contracting agency, the public agency maintaining records for that jurisdiction and the owner, if known, whenever previously unidentified or unknown underground utilities are encountered so that the location can be accurately established and made a part of the permanent substructure records.

Full compensation for complying with the above requirements shall be considered to be included in the applicable bid item(s) of work and no additional payments will be made therefore.

402-1 LOCATION.

402-1.1 General.

Subsection 402-1.1 of the Standard Specifications is supplemented by the following:

The Contractor shall obtain a City "no-fee" permit and notify Dig Alert (811) before commencing any excavations in areas where utilities would normally be located. All potholing of gas lines shall be per the Southern California Gas Company Potholing Policy provided in the Appendix.

VER. 020723 C-27 PWCP 25-008

Underground utilities known to the City are identified in the Special Provisions or on the Plans.

By the Contractor calling USA, such and other utilities should be marked on the project site.

Should there appear to be discrepancies between the utilities shown on the Plans and those marked by the Utilities, the Contractor should not proceed until verifying the correctness thereof. Where the project is on City property, the operating City Department will mark the substructures following a request by the Contractor.

The Contractor will not be assessed liquidated damages for delay in completion of the project when such delay is caused by failure of the Agency or the owner of the utility to provide for removal or relocation of existing conflicting utility facilities where such removal/relocation is not part of the Contractor's responsibility. Notwithstanding any of the provisions in Subsection 402-5 and Subsection 6-4.3 of the Standard Specifications relative to payment to the Contractor for actual loss due to utility delay; the Contractor will be entitled to an extension of time as provided in Subsection 6-4, but will not be entitled to any other compensation for such delay.

Some existing utility facilities may remain in place and the Contractor will be required to work around and pave up to said facilities. During paving operations, the Contractor shall cooperate with the owners of sleeve type valve covers and raise such covers to grade.

SECTION 600 – ACCESS

600-1 GENERAL.

Section 600-1 of the Standard Specifications is supplemented by the following:

Protection of the Public

The following minimum restrictions shall be maintained by the Contractor in the conduct of his work:

The Contractor shall make all provisions necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public.

Whenever, in the opinion of the Engineer, an emergency exists for which the Contractor has not taken sufficient precautions for the public safety, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may direct such work to be done and material to be furnished as reasonable and necessary. The cost and expense of said labor and material together with the cost and expense of such repairs as are deemed necessary shall be borne by the Contractor. All expenses incurred by the Agency for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. The minimum cost to the Contractor for the A gency to provide such remedial measures shall be $500.00 per calendar day. However, whether or not the Agency does take such remedial measures, the Contractor is not relieved of the full responsibility for public safety.

VER. 020723 C-28 PWCP 25-008
Traffic Control and Public Convenience

The Contractor shall comply with Section 600 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest version of the California Manual of Uniform Traffic Control Devices or as required by the Engineer to insure safe and continuous passage of traffic.

The Contractor shall provide one or more individuals certified by the Institute of Transportation Studies (ITS) (510) 231-9590, American Traffic Safety Services Association (ATSSA) (540) 368-1711, Global Environmental Network, Inc. (GENI) (714) 963-3961, the International Municipal Signal Association (IMSA) (800) 723-IMSA (4672), or other organizations as approved by the Engineer as having been trained in providing traffic control in a construction zone. The number of certified individuals required will be based on the size and complexity of the project and shall be determined by the Engineer. By submitting his bid, the Contractor acknowledges his awareness of this requirement and thereby warrants that said requirement will be met.

The certified individual shall be responsible for maintenance of all traffic control on the job site.

This individual shall review the traffic control on the job site periodically throughout the day. If at any time the Inspector and/or Engineer determine that the traffic control is inadequate, he shall immediately issue a stop notice to the Contractor. Work shall not recommence until adequate traffic control is in place.

In no case shall traffic be diverted off of the existing roadway without prior approval of the Engineer. When the Contractor has been given approval to divert traffic from the existing roadway, a paved detour shall be provided. Unless specifically approved in writing, all detours shall be constructed of A.C. pavement. Paved detours shall be provided at the Contractor's sole expense.

When work on a primary or secondary arterial street will divert traffic from normal patterns, a Changeable Message Board shall be placed to notify motorist of upcoming construction at least 72 hours prior to construction. The precise placement of the Changeable Message Board shall be coordinated with the Engineer. Placement of the Changeable Message Board does not preclude the Contractor from any other notifications or posting required on the plans or in the specifications.

A detailed Temporary Traffic Control Plan that is signed and stamped by a Registered Traffic Engineer or Registered Civil Engineer shall be required when any of the following items are true:

Temporary traffic control will be implemented for more than 5 calendar days, traffic will be moved over the street's centerline, more than one lane will be closed, or the work being performed is within 250' of an existing traffic signal. If required, the Temporary Traffic Control Plan shall be submitted by the Contractor to the Engineer for approval 7 calendar days prior to commencement of construction. Should the submitted Temporary Traffic Control Plans not meet the requirements of the Engineer, the Contractor shall have the plans revised as necessary until the plans a re approved by the Engineer. The failure of the Contractor to obtain an approved Temporary Traffic Control Plan shall not prevent the City from issuing a Notice to Proceed and/or counting contract days. A sample of anticipated Traffic Control Notes and General Notes is included in the Appendix to assist the Contractor in preparing the bid

In no case will the blackening-out of conflicting traffic striping, whether temporary or permanent, be allowed. All conflicting traffic striping and markings shall be removed by wet sand blasting or VER. 020723 C-29 PWCP 25-008
grinding, as determined by the Engineer. Pavement markings such as arrows and legends shall be removed in a squared- off or rounded- off pattern to adequately eliminate any evidence of the original configuration of the marking. All conflicting raised pavement markers shall be pried off and any remaining residue shall be removed by wet sandblasting. Any remaining residue or resultant material from utilizing stick-down delineators shall be removed in its entirety by grinding or wet sandblasting.

In order to facilitate the flow of the traffic during the contractual period, the Agency reserves the right to extend the limits of the project to include any areas where signing and delineating is deemed necessary by the Engineer. Lighted arrow boards shall be used whenever traffic diverted from the normal path of travel. Lighted arrow boards shall be solar powered unless otherwise authorized by the Engineer. Flag personnel shall be able to understand and give verbal directions in English to motorists a s to alternate routes or provide a map of the alternate routes. The Contractor shall provide and install signs indicating alternate routes. Said signs shall be posted in advance of work area. The number of lighted arrow boards used shall be one per dive rted traffic lane.

It shall be the Contractor's responsibility to maintain sufficient barricades adjacent to the project at all times during the construction to adequately protect the traveling public.

The Contractor shall be responsible for providing and maintaining an adequate number and layout of barricades and traffic cones around the work site. The Contractor shall not begin work until the Engineer has approved the placement and the number of barricades and delineators.

When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.

Contractor shall not close both sides of street at the same time. Any concrete sidewalk and driveway removals shall be replaced before a weekend, unless otherwise approved by the Engineer. Work on curb ramps shall be phased to two ramps at a time, and pedestrian accessibility must be maintained at all times. Concrete for Curb Ramp locations shall be placed back by week’s end (nothing left open over weekend).

Wearing of Reflective Clothing and Hard Hats

All persons working within the City right -of-way shall wear bright orange or lime green safety shirts, vests, or jackets (identifying to motorists that such personnel are part of an organized construction crew). All shirts, vests or jackets worn at night must be reflective. All persons working within City right-of-way or on City property shall wear hard hats. Should Contractor or subcontractor personnel be found working without required reflective clothing and hard hats, the General Contractor will be assessed $100 for each individual occurrence.

600-2 VEHICULAR ACCESS.

Section 600-2 of the Standard Specifications is supplemented by the following:

Temporary Access to Private Property

The Contractor shall make such necessary arrangements and provide temporary access during the construction period as may be required by the owners. Should any owner or tenant contact the VER. 020723 C-30 PWCP 25-008
City to register a complaint about inadequate access, the Engineer will immediately notify the Contractor to contact the offended owner or tenant to remedy the situation to the satisfaction of the owner or tenant. If the Engineer determines that the Contractor has not satisfactorily remedied the access problem within four (4) hours of notification by the Engineer, the Contractor shall be subject to a $250.00 fine. The Contractor shall be subject to an additional $250.00 fine for every four (4) working hour period following the first four (4) hour period, until the Contractor has remedied the access problem to the satisfaction of the owner or tenant, or until the Engineer has determined that the Contractor has made a reasonable effort.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND

MAINTENANCE WORK ZONES

601-1 GENERAL.

Section 601-1 of the Standard Specifications is supplemented by the following:

Parking Control

The Contractor shall inform the residents and businesses of the intended work and the scheduled dates and locations of the "TEMPORARY NO PARKING" areas within 72 hours of commencing work. Notification shall be in form of door hangers delivered to each individual address. The "TEMPORARY NO PARKING" notices will be placed at least 24 hours, but not more than 48 hours, in advance of the work. The notices shall be placed no more than 100' apart (unless otherwise specified by the Engineer) on each side of the street. All notices shall be removed upon completion of work. Notice shall not be placed on power or telephone poles at any time during construction.