2025-07-14_item_4.9_approve_contract_with_gse_construction_company_inc._for_cip_ww_25-26

ITEM 4. 9

CITY MANAGER' SREPORT
JULY 14, 2025 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONSTRUCTION CONTRACT WITH GSE
CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4
EXPANSION, CIP WW 25-6 AND APPROVE BUDGET

AMENDMENT
RECOMMENDATION: Adopt Resolution to Find that an Emergency Exists, Approve Construction Contract with GSE
Construction Company, Inc. for CTF Phase 4
Expansion, CIP WW 25-6 and Approve Budget
Amendment
SUMMARY:

The Consolidated Treatment Facility ( CTF) Phase 2 requires several months of maintenance, during which wastewater flow will be diverted to the soon -to -be - completed Phase 3. However, current flows ( 1. 7 Million Gallons per Day ( MGD)) are nearing Phase 3' s 2. 0 MGD capacity. To prevent exceeding the capacity of Phase 3, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed CTF Phase 4 Expansion, CIP WW 25-6 (Phase 4), will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows.

Staff recommend Council declare an emergency and authorize immediate funding for Phase 4 construction to protect essential sewer services, per Lathrop Municipal Code

2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050. Staff request approval of a $ 6, 784, 000 construction contract with GSE, plus a 10% contingency 678, 400), and a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $ 1, 500, 0from the CTF MBR Sewer Fund ( 6080) and 4, 000,00 from the MBR Plant # 1 ( 6110) Capital Replacement to cover all project costs, including $ 537, 600 for additional future project expenses.

BACKGROUND:

On November 8, 2021, City Council approved a Professional Services Agreement PSA) with Pacific Advanced Civil Engineering, Inc. (PACE) for design of Phase 3, CIP WW 22- 38. City Council awarded a contract to GSE for the construction of the Project on August 12, 2024. Construction began on September 5, 2024, and is anticipated to be completed in spring of 2026.

Phase 3 was advanced to support development within the City, primarily River Islands who contributed 80% of the cost. With the completion of Phase 3, the CTF will have the capacity to process 4 MGD of wastewater.

CITY MANAGER' S REPORT PAGE 2
JULY 14, 2025 CITY COUNCIL REGULAR MEETING

APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET

AMENDMENT
Phase 2 requires several months of maintenance, during which wastewater flow will be diverted to the soon -to -be -completed Phase 3. However, current flows ( 1. 7 MGD) are nearing Phase 3' s 2. 0 MGD capacity. To prevent exceeding the capacity of Phase 3, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed Phase 4 will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows.

Staff negotiated with GSE and GSE agreed to honor the Phase 3 unit costs for Phase 4 for a total contract cost of $ 6, 784, 000. Since the unit costs were established in August of 2024, staff consider this cost to be competitive given that one year of inflation has not been applied.

The Phase 4 GSE contract will consist of building the two aeration tanks, underground piping and preparation of the headworks expansion only and staff will proceed diligently thereafter with the construction of the headworks and installation of other appurtenances.

Staff request Council find that an emergency exists that requires the City to undertake the immediate expenditure of public funds to construct Phase 4 to safeguard essential public sewer services pursuant to Lathrop Municipal Code

2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050.

Staff also request Council approve a construction contract with GSE in the amount of 6, 784, 000plus a 10% contingency of $678, 400. In addition, staff request Council approve a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $1, 500, 0from the CTF MBR Sewer Fund ( 6080) and $ 4, 000,00from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the $ 6, 784, 000construction contract, the 10% contingency of $ 678, 400 and $ 537, 600 for additional future items that may come up during construction.

REASON FOR RECOMMENDATION:

To prevent exceeding the capacity of Phase 3 during the Phase 2 maintenance, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed CTF Phase 4 Expansion, CIP WW 25-6 (Phase 4), will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows.

CITY MANAGER' SREPORT PAGE 3
JULY 14, 2025 CITY COUNCIL REGULAR MEETING

APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET

AMENDMENT
FISCAL IMPACT:

Staff request a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $ 1, 500, 0 from the CTF MBR Sewer Fund ( 6080) and 4, 000,00 from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the 6, 784, 000 construction contract, a 10% contingency of $678, 400 and $ 537, 600 for additional future items that may come up during construction as detailed below:

APPROVE CONSTRUCTION CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET

AMENDMENT
APPROVALS:

Brad aylor
City F gineer
Cari Ja
Finance Di ector
4C7/ V2bzs
Date
8/ 2o0,f
Date
Michael King Date
Assistant City Manager
Salvador Navarete
City Attorney
7•Z• LOZ.

Date
1 e • Zs
Step J. Salvatore Date
City Manager
RESOLUTION NO. 25-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

TO FIND THAT AN EMERGENCY EXISTS, APPROVE CONSTRUCTION
CONTRACT WITH GSE CONSTRUCTION COMPANY, INC. FOR CTF PHASE 4 EXPANSION, CIP WW 25-6 AND APPROVE BUDGET AMENDMENT
WHEREAS, on November 8, 2021, City Council approved a Professional Services Agreement ( PSA) with Pacific Advanced Civil Engineering, Inc. (PACE) for design of the Lathrop Consolidated Treatment Facility ( CTF) Phase 3 Expansion, CIP WW 22- 38 (Phase 3). City Council awarded a contract to GSE Construction, Inc.

GSE) for the construction of the Project on August 12, 2024. Construction began on September 5, 2024, and is anticipated to be completed in spring of 2026; and WHEREAS, Phase 3 was advanced to support development within the City, primarily River Islands who contributed 80% of the cost. With the completion of the Phase 3 Expansion, the CTF will have the capacity to process 4 Million Gallons per Day ( MGD) of wastewater; and
WHEREAS, Phase 2 requires several months of maintenance, during which wastewater flow will be diverted to the soon -to -be -completed Phase 3. However, current flows ( 1. 7 MGD) are nearing Phase 3' s 2. 0 MGD capacity. To prevent exceeding the capacity of Phase 3, causing a public health and safety emergency, and to provide system redundancy, the CTF must be expanded before Phase 2 goes offline. The proposed Phase 4 will add 2. MGD, ensuring that there is enough capacity to treat the wastewater flows; and
WHEREAS, staff negotiated with GSE and GSE agreed to honor the Phase 3 unit costs for Phase 4 for a total contract cost of $ 6, 784, 000. Since the unit costs were established in August of 2024, staff consider this cost to be competitive given that one year of inflation has not been applied; and
WHEREAS, the Phase 4 GSE contract will consist of building the two aeration tanks, underground piping and preparation of the headworks expansion only and staff will proceed diligently thereafter with the construction of the headworks and installation of other appurtenances; and
WHEREAS, staff request Council find an emergency exists that requires the City to undertake the immediate expenditure of public funds to construct Phase 4 to safeguard essential public sewer services pursuant to Lathrop Municipal Code

2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050; and WHEREAS, staff request Council approve a construction contract with GSE in the amount of $ 6, 784, 000 plus a 10% contingency of $ 678, 400 and authorize staff to spend up to the amount of the contingency to accomplish the goals of the project; and
WHEREAS, staff request Council approve a budget amendment transferring 2, 500, 000 from the MWQCF Collection Fund ( 6010), $1, 500, 0 from the CTF MBR Sewer Fund ( 6080) and $ 4, 000,00from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the $ 6, 784, 000 construction contract, a 10% contingency of $678, 400 and $ 537, 600 for miscellaneous items that may come up during construction as follows:

Increase Transfer Out
6010- 9900-90- 9010
Increase Transfer Out
6080- 9900-90- 9010
Increase Transfer Out
6110- 9900-90- 9010
Increase Transfer In
6090- 900- 393- 0000 WW 25-6
Increase Appropriation
6090- 8000- 420- 12- 00 WW 25-6
2, 500, 000
1, 500, 000
4, 000,00
8, 000,00
8, 000,00
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby finds that an emergency exists that requires the City to undertake the immediate expenditure of public funds to construct Phase 4 to safeguard essential public sewer services pursuant to Lathrop Municipal Code 2. 36. 080 and Public Contract Code sections 1102, 20168, and 22050; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves approve a construction contract with GSE in the amount of 6, 784, 000 plus a 10% contingency of $ 678, 400 and authorize staff to spend up to the amount of the contingency to accomplish the goals of the project; and BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop hereby approves a budget amendment transferring $ 2, 500, 000 from the MWQCF Collection Fund ( 6010), $1, 500, 0 from the CTF MBR Sewer Fund ( 6080) and 4, 000,00 from the MBR Plant # 1 ( 6110) to the CIP Project Fund to fund the 6, 784, 000 construction contract, a 10% contingency of $678, 400and $ 537, 600 for miscellaneous items that may come up during construction as detailed above.

The foregoing resolution was passed and adopted this 14th day of July 2025, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney SECTION 00500
Attachment
a ( 3
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6

CONSTRUCTION CONTRACT
This Contract, dated July 14, 2025 is entered into by and between the City of Lathrop, a municipal corporation of the State of California ( City), and GSE Construction Company, Inc., Contractor), whose Taxpayer Identification Number is 94- 2667247.

For and in consideration of the following covenants, terms and conditions, City and Contractor (the parties) agree:

1. Term. This Contract shall commence on, and be binding on the parties on, the date of execution of this Contract, and shall expire on the date of recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder, subject to the earlier termination of this Contract.

2. General Scope of Project and Work. Construction Documents for CTF PHASE 4 EXPANSION, CIP WW 25-6 (Project). Contractor shall furnish labor, services, materials and equipment in connection with the construction of the Project and complete the Work in accordance with the covenants, terms and conditions of this Contract to the satisfaction of City.

The work to be performed under this contract includes all work contained in the Construction Documents, as detailed in Paragraph 3 below, including, but not limited to construction of (2) aeration tanks, underground piping and preparation of the headworks expansion.

Following issuance of Notice to Proceed, the Project shall be completed as follows:

Phase Four Operational: within 220 Working Days
Completion of Project: within 250 Working Days
The Work shall be complete, and all appurtenant work, materials, and services not expressly shown or called for in the Construction Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the unit prices and provisions contained in these Construction Documents.

Base Bid Total: $6, 784, 000 (Six Million, Seven Hundred Eighty -Four Thousand Dollars)

3. Construction Documents. This Contract shall include the Construction Documents which are on file with the Public Works Department and are hereby incorporated by reference i.e. Project Specifications, Project Plans, addenda, performance bond, labor and materials bond, certification of insurance, workers compensation certification, and Warranty Bond Acknowledgement) and the Bid Documents submitted by GSE Construction Company, Inc. For the purposes of construing, interpreting and resolving inconsistencies between the 00500- 1
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
provisions of this Contract, these documents and the provisions thereof are set forth in the order ofprecedence described in Article 3 of the General Conditions.

4. Compensation. In consideration of Contractor' sperformance of its obligations hereunder, City shall pay to Contractor the amount set forth in Contractor' sBid in accordance with the provisions of this Contract and upon the receipt of written invoices and all necessary supporting documentation within the time set forth in the Construction Documents.

Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not included in the approved scope of work, a written task order, or change order signed by the City' s
Public Works Director prior to commencement of any work.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section 5. 2 of the General Conditions on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s
personal property or the personal property of any
person performing labor or services or supplying materials or equipment under the Project.

Contractor shall furnish City with the certificates of insurance and with original endorsements affecting coverage required under this Contract on or before the Date of Execution. The certificates and endorsements for each insurance policy shall be signed by a person who is authorized by that insurer to bind coverage in its behalf. Proof of insurance shall be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' snoncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees. This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

7. Assumption of Risk. Contractor agrees to voluntarily assume any and all risk of loss, damage, or injury to the property of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.
00500- 2
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operate as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive or to lessen the right of City to insist upon the performance of Contractor in strict compliance with the covenants, terms and conditions of this Contract.

9. Com 3liance with Laws. Contractor shall comply with all Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any bond or fire underwriters or other similar body now or hereafter constituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of all recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

DEPARTMENT OF INDUSTRIAL RELATIONS- COMPLIANCE MONITORING UNIT DIR Registration.
a) Contractor and Subcontractor Compliance. Strict compliance with DIR registration requirements pursuant to Labor Code Section 1725. 5is a material obligation of the Contractor under the Contract Documents. The foregoing includes without limitation, compliance with DIR Registration requirements at all times during performance of the Work by the Contractor and all Subcontractors of any tier. The failure of the Contractor and all Subcontractors of every tire to be DIR registered at all times during the performance of the Work is the Contractor' sdefault of a material obligation of the Contractor under the Contract Documents.
b) No Subcontractor Performance of Work Without DIR Registration. No portion of the Work is permitted to be performed by a Subcontractor of any tier unless the Subcontractor is a DIR Registered contractor.
c) Contractor Obligation to Verify Subcontractor DIR Registration Status. An affirmative and on -going obligation of the Contractor under the Contract Documents is the Contractor' sverification that all Subcontractors, of all tiers, are at all times during performance of Work in full and strict compliance with DIR Registration requirements.

The Contractor shall not permit or allow any Subcontractor of any tier to perform any Work without the Contractor' sverification that all such Subcontractors are in full and strict compliance with DIR Registration requirements.
d) Contractor Obligation to Request Substitution of Non- DIR Registered Subcontractor. If any Subcontractor identified in the Contractor' sSubcontractor List submitted with the 00500- 3
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
Contractor' sproposal for the Work is not DIR Registered at the time of opening of proposals for the Work or if a Subcontractor' sDIR registration lapses prior to or during a Subcontractor' sperformance of Work, the Contractor shall request the CITY' s consent to substitute the non- DIR registered Subcontractor pursuant to Labor Code Section 1771.(c)( 3) and/ or Labor Code Section 1771.(d).

Certified Payroll Records
a) Compliance with Labor Code Section 1771. 4 and 1776. A material obligation of the Contractor under the Contract Documents is: (i) the Contractor' sstrict compliance with the requirements pursuant to Labor Code Section 1771. 4and 1776 for preparation and submittal of Certified Payroll Records (" CPR"); and ( ii) the Contractor' senforcement of CPR preparation and submittal for all Subcontractors of every tier. b) Express Condition Precedent to Payment of Contact Price. Strict compliance with CPR requirements established pursuant to Labor Code Section 1776 is an express condition precedent to the CITY' sobligation to: (i) process any request for payment of any portion ofthe Contract Price; or ( ii) to disburse any portion of the Contract Price to the Contractor.

The Contractor shall demonstrate strict compliance with CPR preparation and submittal requirements by delivery to the CITY of electronic files or hard copies of all CPR' s submitted by the Contractor and/ or Subcontractors for Work pursuant to Labor Code Section 1771. 4 and 1776 concurrently with the submittal thereof to the Labor Commissioner. The CITY: (i) shall not be obligated to process or disburse any portion of the Contract Price; or ( ii) shall not be deemed in default of the CITY' sobligations under the Contract Documents unless the Contractor' s demonstrates strict compliance with CPR preparation and submittal requirements.
c) PWR Monitoring and Enforcement. During the Work pursuant to Labor Code Section 1771. 4(a)(), the Department of Industrial Relations shall monitor and enforce the obligation of the Construction and Subcontractors of every tier to pay the laborers performing any portion of the work the PWR established for the classification of work/ labor performed.

RECORD OF WAGES PAID: INSPECTION
Pursuant to Labor Code section 1776, Contractor stipulates to the following:
a) Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work under the Facilities lease and Construction Provisions. Such records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information of such forms. The payroll records may consist of payroll data that are maintained as computer records, if printouts contain the same information as the forms 00500- 4
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
provided by the division and the printouts are verified as specified in subdivision ( a) of Labor Code section 1776.
b) The payroll records enumerated under subdivision ( a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
1)A certified copy of an employee' spayroll record shall be made available for inspection or furnished to such employees or his or her authorized representative on request.
2) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available for inspection or furnished upon request to a representative of the CITY,
the Division of Labor Standards Enforcement, and Division of Apprenticeship Standards of the Department of Industrial Relations.
3) A certified copy of all payroll records enumerated in subdivision ( a) shall be made available upon request by the public for inspection or copies thereof. However, a request by the public shall be made through either the CITY, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph ( 2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to such records at the principal office of Contractor.
c) Contractor shall file a certified copy of the records enumerated in subdivision ( a) with the entity that requested such records within ten ( 10) days after receipt of the written request. d) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, by the CITY, the Division of Apprenticeship Standards, or the division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address and social security number. The name and address of contractor awarded the contract or performing the contract shall not be marked or obliterated.
e) Contractor shall inform the CITY of the location of the records enumerated under subdivision ( a), including the street address, city, and county, and shall, within ( 5) working days, provide a notice of a change of location and address. f) In the event of noncompliance with the requirements of this Article, Contractor shall have ten ( 10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this Article. Should noncompliance still be evident after such 10 -day period, Contractor shall pay a penalty of One- Hundred Dollars ($ 100. 00) to the CITY for each calendar day, or portion thereof, for each worker, until strict 00500- 5
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from the progress payment then due.

The responsibility for compliance with this Article shall rest upon Contractor.

10. Bonds. As a condition precedent to City' s obligation to pay compensation to Contractor, and on or before the date of Execution, Contractor shall furnish to the Project Manager the Bonds as required under Section 00700 - 5. 1A.

11. Representations and Warranties. In the supply of any materials and equipment and the rendering of labor and services during the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor;
2) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be merchantable and fit to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in workmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder;
4) Any manufacturer' swarranty obtained by Contractor shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted or made available to the City;
6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contractor' sBid, except as may be permitted by the Notice to Contractors;
7) Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duly authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and performed pursuant to the power and authority conferred upon the person or persons authorized to bind Contractor;
00500- 6
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
8)
9)
Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to
award the Contract to Contractor;
There are no unresolved claims or disputes between Contractor and City which would materially affect Contractor' sability to perform under the Contract; 10) Contractor has furnished and will furnish true and accurate statements, records, reports, resolutions, certifications, and other written information as may be requested of Contractor by City from time to time during the term ofthis Contract; 11) Contractor and any person performing labor and services under this Project is duly licensed as a contractor with the State of California as required by California Business & Professional Code Section 7028, as amended; and 12) Contractor has fully examined and inspected the Project site and has full knowledge of the physical conditions of the Project site.

12. Assignment. This Contract and the performance required hereunder is personal to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additional charges, or delays within the Contract Time or other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits by City. During the term of this Contract and for a period of not less than three ( 3) years after the expiration or earlier termination of this Contract, City shall have the right to audit Contractor' sProject -related and Work -related writings and business records, as such terms are defined in California Evidence Code Sections 250 and 1271, as amended, during the regular business hours of Contractor, or, if Contractor has no such hours, during the regular business hours of City.

15. Notices. All contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if (1) personally served, ( 2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in accordance with ( 1), (2) or ( 3) above.

Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
00500- 7
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
To City:

Copy to:

City of Lathrop
City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre Drive
Lathrop, CA 95330
PHONE: ( 209) 941- 7363
FAX: (209) 941- 7449
ATTN: Senior Construction Manager
To Contractor:

Mailing Address:

Phone:

Email:

ATTN:

16. Miscellaneous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' sbailee, and City is, therefore, not responsible for any damage to the personal property of Contractor.
2) Consent. Whenever in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person
having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be governed and construed by and in accordance with the Laws of the State of California. 4) Definitions. The definitions and terms are as defined in these specifications. 5) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Contract, which directly results from an Act of God or an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 00500- 8
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
7)
8)
Incorporation of Documents. All documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.

Integration. This Contract and any amendments hereto between the parties constitute the entire contract between the parties concerning the Project and Work, and there are no other prior oral or written contracts between the parties that are not incorporated in this Contract.
9) Modification of Contract. This Contract shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties. 10) Provision. Any contract, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Contractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12) Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in full force and effect.
13) Status of Contractor. In the exercise of rights and obligations under this Contract, Contractor acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday, or any Day observed as a
legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California 00500- 9
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
in the County of San Joaquin or in the United States District Court for the Eastern District of California.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Contract, including the enforcement of the indemnity provision( s), may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non -prevailing party.
18) Contractor and subcontractors must comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857( h)), Section 508 of the Clean Water Act ( 33 USC1368), Executive Order 11738, and Environmental Protection Agency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must comply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT (Public Law 94- 163, 89 stat 871).
20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If during the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City will issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the Construction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall receive a written " Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legal entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
00500- 1
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
24) This project is a public works project: Contractor shall comply with requirements of California Labor Code § 1700 and following, and prevailing wages shall be paid for work performed on this project.
25) The statutory provisions for penalties for failing to comply with the State of California wage and labor laws will be enforced, as well as that for failing to pay prevailing wages.

EXHIBITS:

EXHIBIT A: Contractor' sSubmitted Bid Packet and General Conditions Certification of insurance, performance and payment bonds, and worker' s compensation
certification shall be furnished to the City by the Contractor after City Council' sapproval with resolution.
00500- 11
SECTION 00500
CTF PHASE 4 EXPANSION CONSTRUCTION CONTRACT
CIP WW 25-6
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above stated in Lathrop, California.

CONTRACTOR:

By:

Name:

Title:

CITY OF LATHROP
APPROVED AS TO FORM:

By:

Salvador Navarrete, City Attorney
RECOMMENDED FOR APPROVAL:

By:

Brad Taylor, City Engineer
APPROVED:

By:

Stephen J. Salvatore, City Manager

END OF SECTION)
00500- 12
SECTION 00300
CTF PHASE 4 EXPANSION BID PROPOSAL FORMS
CIP WW 25-6
TO:

BID PROPOSAL FORMS
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
ATTENTION: City Clerk
FOR: CTF PHASE 4 EXPANSION, CIP WW 25-6

EXHIBIT A
THE UNDERSIGNED, AS BIDDER, HEREBY AGREES AND DECLARES THAT:

LEGAL COMPLIANCE
The only persons or parties interested in this Bid as Principals are those named herein; that this Bid is made without collusion with any other person, firm, partnership, corporation, or association; that he has carefully examined the location of the proposed work and the Construction Documents; and he proposes and agrees that if this Bid is accepted he will contract with the City of Lathrop, in the form of the Contract as set forth in the Construction Documents for said project, to provide all the necessary labor, services, materials, and equipment, and to do all the work and furnish all the materials; and that he will accept in full payment therefore the price as proposed in the following Bid Schedule.

SCHEDULE OF PRICES
All applicable permit fees, licensing costs, sales taxes, State, and/ or Federal, and any other taxes, patent rights, or royalties are included in the prices quoted in the Bid. All blank spaces must be filled in.

BASIS OF AWARD
The basis for award of the contract will be the price of the base bid. The City of Lathrop reserves the right to award the work contemplated by only the Base Bid or none of the work. 00300- 1
SECTION 00300
CTF PHASE 4 EXPANSION
CIP WW 25-6

BID PROPOSAL FORMS
CTF PHASE 4 EXPANSION, CIP WW 25-6

BASE BID SCHEDULE
BID
ITEM

DESCRIPTION QUANTITY UNITS
UNIT
PRICE

EXTENDED
TOTAL
A. General Conditions
1 Mobilization / Bonds / Insurance 1 LS 254, 500 254, 500 2 Implement City -Provided SWPPP 1 LS 0 0
3 General Conditions 1 LS 124, 500 124, 500
4 Jobsite Trailer for City' s Con Mgr., per
Spec. Sec. 01510
1 LS 11, 200 11, 200
5 General Items Not Included Above 1 LS 0 0
SUBTOTAL A 390, 20
B. Civil Works Including Labor
6 Demolition 1 LS 3, 800 3, 800
7 Dewatering, Excavation, Backfill 1 LS 491, 500 491, 500 8 Painting and Waterproofing 1 LS 44, 000 44, 000
9 New Headworks 1 LS 758, 000 758, 000
10 Yard Piping 1 LS 492, 000 492, 000
11 Structural Concrete 1 LS 3, 088,00 3, 088,00
SUBTOTAL B 4, 877, 300
C. Mechanical Equipment
12 Misc. Mech. Piping, Tubing, Sleeves 1 LS 409, 500 409, 500 13 Beams, Catwalks, Guiderails, and
Grating
1 LS 567, 000 567, 000
SUBTOTAL C 976, 500
D. Electrical Equipment
14 Yard Electrical Power 1 LS 253, 000 253, 000
15 Yard Electrical Control 1 LS 253, 000 253, 000
16 Local Conduit/ Wire, Pull/ Gutter Boxes,
Disconnects - — Square D or equal
1 LS 34, 000 34, 000
SUBTOTAL D 540, 00
TOTAL BASE BID (A+B+C+D): $6, 784, 000
TOTAL BASE BID IN WORDS: Six Million Seven Hundred Eighty -Four Thousand Dollars 00300- 2
SECTION 00300
CTF PHASE 4 EXPANSION BID PROPOSAL FORMS
CIP WW 25-6

INFORMATION REQUIRED OF BIDDER
The Bidder ( Contractor) shall furnish the following information. This information is considered essential in enabling the Project Manager to determine ifthe Bidder is experienced in similar types of work and if the Bid is based on a careful study of methods applicable to the work and full realization of the various factors which may affect the progress of the work. Failure to comply with this requirement may render the Bid non -responsive and may cause its re' ection. Additional sheets shall be attached as required.

BIDDER' SINFORMATION
1) Bidder' s name and address:
2) Bidder' stelephone number:
3) Bidder' sfax number:
4) Bidder' s Contractor' sLicense ( Class):

License No.:

Expires:
5) Person who inspected site of proposed work for Contractor' sfirm:

Name: Date of Inspection:
00300- 3
SECTION 00300
CTF PHASE 4 EXPANSION BID PROPOSAL FORMS
CIP WW 25-6
LIST OF SUBCONTRACTORS:

The Bidder shall list below the name and business address of each subcontractor who will perform work under this Bid in excess of one- half of one percent of the Contractor' sTotal Bid Price, and shall also list the portion of the WORK which will be done by such subcontractor, in accordance with Section 4107 of the Public Contract Code. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of work to be performed with the words " and/ or" will not be permitted.

Failure to comply with this requirement may render the Bid non -responsive and may cause its rejection. Should the Contractor provide a bid that does not require a subcontractor, the Contractor shall note that on this page by writing "Not Applicable" in the list below.

1. 2.

3. 4.

5. 6.

7. 8.

9. Work to be Performed
Subcontractor
License Percent of
Number Total Contract Subcontractor' sName & Address
00300- 4
SECTION 00300
CTF PHASE 4 EXPANSION BID PROPOSAL FORMS
CIP WW 25-6
Respectfully Submitted,
Dated Legal Name of Firm
Signature of Authorized Representative
Seal)
IfBidder is a corporation, show State in which incorporated.) The full names and post office addresses of all persons and parties interested in the foregoing Bid as principals are as follows:

NOTICE): Give first and last names in full; in case of corporation, give names of President, Secretary, Treasurer, and Manager, and in case of partnerships and joint ventures, give names and Post Office addresses of all the individual members.
00300- 5
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6

GENERAL CONDITIONS
ARTICLE 1 -- DEFINITIONS
Wherever used in these General Conditions, Special Conditions, General Requirements, Technical Specifications, Construction Documents or in any other part of these specifications the following terms have the meanings indicated:

Addenda - Written or graphic instruments issued prior to the opening of Bids, which make additions, deletions, or revisions to the Construction Documents.

A lication for Payment - The form furnished by the CITY which is to be used by the CONTRACTOR to request progress or final payment and which includes such supporting documentation as is required by the Construction Documents.

Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price or prices for the WORK.

Bonds - Bid, Performance, and Payment Bonds and other instruments, which protect against loss due to inability or refusal of the CONTRACTOR to perform its Contract.

Change Order - A document recommended by the ENGINEER, which is signed by the CONTRACTOR and the CITY and authorizes an addition, deletion, or revision in the WORK, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Contract.

CITY - The public body or authority, corporation, association, firm, or person with whom the CONTRACTOR has entered into the Contract and for whom the WORK is to be provided. Said public body is The City of Lathrop, located at 390 Towne Centre Drive, Lathrop, California 95330.

CITY' S REPRESENTATIVE — Contract construction manager or City personnel at the City' s discretion.

City Engineer — The City Engineer is the City Engineer of the City of Lathrop.

Construction Documents - The Notice to Contractors, Instructions to Bidders, Bid Forms including the Bid, Bid Schedule( s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits), Contract, Performance Bond, Payment Bond, General Conditions, Supplementary Conditions, Technical Specifications, Drawings, and all addenda, and change orders executed pursuant to the provisions of the Construction Documents.

Contract - The written contract between the CITY and the CONTRACTOR covering the WORK to be performed; when other documents are attached to the Contract they become part of the contract.

Contract Price - The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Construction Documents.
00700- 1
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
Contract Time - The number of successive calendar days stated in the Construction Documents for the completion of the WORK.

CONTRACTOR - The person, firm, or corporation with whom the CITY has executed the Contract.

COST OF WORK — The sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra work.

Day - A calendar day of 24 hours measured from midnight to the next midnight.

Defective Work - Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Construction Documents or the State Standard Specifications; or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Construction Documents; or work that has been damaged prior to the ENGINEER' Srecommendation of final payment.

Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the character, location, nature, extent, and scope of the WORK and which have been prepared by the ENGINEER and are referred to in the Construction Documents. Shop Drawings are not Drawings as so defined.

Effective Date of the Contract - The date indicated in the Contract on which it was executed, but if no such date is indicated it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.

ENGINEER — The person, firm, or corporation responsible for plan preparation and named as such in the Construction Documents.

Field Order - A written order issued by the City, which may or may not involve a change in the WORK.

Inspector — The person, firm, or corporation, as designated by the CITY as responsible for determining whether or not the WORK is constructed in accordance with the Construction Documents.

Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes, and/ or orders promulgated by a
lawfully constituted body authorized to issue such Laws and Regulations.

Notice of Award - The written notice by the CITY to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein within the time specified, the CITY would enter into a Contract.

Notice to Proceed - The written notice issued by the CITY to the CONTRACTOR authorizing the CONTRACTOR to proceed with the WORK and establishing the date of commencement of the Contract Time.
00700- 2
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
Owner — The Owner is the City of Lathrop located at 390 Towne Centre Drive, Lathrop, California 95330.

Partial Completion - Placing a portion of the WORK in service for the purpose for which it is intended ( or a related purpose) before reaching Substantial Completion of the WORK.

Project - The total construction of which the WORK to be provided under the Construction Documents, may be the whole, or a part thereof.

Project Engineer — Who is the ENGINEER' SAgent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions.

Project Manager - The authorized representative of the City who is assigned to manage the Project.

Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of WORK and all illustrations, brochures, standard schedules, performance charts, instructions, and diagrams to illustrate material or equipment for some portion of the WORK.

Standard Plans - The latest edition of the Standard Plans of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the City of Lathrop or its corresponding agency, office or officer acting under this contract.

Standard Specifications - The latest edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or a State agency, office or officer shall be interpreted to refer to the City of Lathrop or its corresponding agency, office or officer acting under this contract. Only those specific sections of the Standard Specifications that are referenced shall be incorporated into the Construction Documents.

Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Subcontractor for the performance of a part of the WORK at the site.

Substantial Completion - Refers to when the WORK has progressed to the point where, in the opinion of the ENGINEER as evidenced by the Certificate of Substantial Completion/ Noticeof Completion as applicable, it is sufficiently complete, in accordance with the Construction Documents, so that the WORK can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 14. 8. The terms " substantially complete" and " substantially completed" as applied to any work refers to substantial completion thereof.

Supplementary Conditions - The part of the Construction Documents, which make additions, deletions, or revisions to these General Conditions.
00700- 3
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
Supplier - A manufacturer, fabricator, supplier, distributor, material man, or Contractor.

Technical Specifications - Those portions of the Construction Documents consisting of the General Requirements and Technical Requirements.

Underground Utilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: water, sewage and drainage removal, electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other control systems.

WORK - The entire completed construction required to be furnished under the Construction Documents. WORK is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Construction Documents.

ARTICLE 2 -- PRELIMINARY MATTERS

2. 1 Delivery of Bonds/ Insurance Certificates
A. When the CONTRACTOR delivers the signed Contracts to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and Insurance Policies and Certificates as the CONTRACTOR may be required to furnish in accordance with the Construction Documents.

2. Copies of Documents
A. The CITY will send two (2) copies of the Contract to the Contractor for signature. After signing and returning both copies, the CITY shall furnish to the Contractor one ( 1) original copy of the executed Contract.

2. 3 Commencement of Contract Time; Notice to Proceed
A. The Contract Time will start to run on the commencement date stated in the Notice to Proceed.

2. 4 Starting the Project
A. The CONTRACTOR shall begin to perform the WORK within 10 working days after the commencement date stated in the Notice to Proceed, but no work shall be done at the site prior to said commencement date.

B. Before undertaking each part of the WORK, the CONTRACTOR shall carefully study and compare the Construction Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the CITY any conflict, error, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the CITY/ ENGINEER before proceeding with any work affected thereby. 00700- 4
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
C. The CONTRACTOR shall submit to the CITY for review by the CITY/ ENGINEER those documents called for under Section entitled " Contractor Submittals" in the General Requirements.

2. 5 Subcontract Limitations
The CONTRACTOR shall perform not less than 30 percent of the Work with its own forces ( i.e., without subcontracting). The 30 percent requirement shall be understood to refer to the Work, the value of which totals not less than 30 percent of the Contract Price.

2. 6 Pre -Construction Conference
A. A pre -construction conference attended by the CONTRACTOR, the CITY and others as appropriate will be held to discuss the WORK in accordance with the applicable procedures specified in the General Requirements. The CONTRACTOR shall submit the Project Schedule at this meeting.

2. 7 Finalizing Schedules
A. At least 7 days before submittal of the first Application for Payment a conference attended by the CONTRACTOR, the CITY, and others as appropriate will be held to finalize the schedules submitted in accordance with the General Requirements.

2. 8 Hours of Work
A. The CONTRACTOR shall schedule an 8 -hour workday between the hours of 7: 00 a. m. and 6: 00 p. m. on Monday through Friday unless otherwise approved by the CITY or modified in the Supplementary Conditions. No work requiring City inspection shall be allowed outside of normal working hours, or on weekends or holidays without written authorization of the CITY. Normal working hours are defined as being Monday through Friday, 8: 00 a. m. to 5: 00 p. m.

2. 9 City Furnished Materials
A. The CITY will not furnish any materials for this project. All materials required for the successful performance of this contract shall be furnished by the Contractor unless modified in the Supplementary Conditions.

ARTICLE 3 -- CONSTRUCTION DOCUMENTS: INTENT, AMENDING, REUSE

3. 1 Intent
A. The Construction Documents comprise the entire contract between the CITY and the CONTRACTOR concerning the WORK. The Construction Documents are complementary; what is called for by one is as binding as if called for by all. The 00700- 5
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
Construction Documents will be construed in accordance with the law of the place of the State of California and local municipal codes and regulations.

B. It is the intent of the Construction Documents to describe the WORK, functionally complete, to be constructed in accordance with the Construction Documents. Any work, materials, or equipment that may reasonably be inferred from the Construction Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well- known technical or trade meaning are used to describe work, materials, or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code ( whether or not specifically incorporated by reference in the Construction Documents) shall be effective to change the duties and responsibilities of the CITY, the CONTRACTOR, or the ENGINEER or any of their consultants, agents, or employees from those set forth in the Construction Documents.

C. If, during the performance of the WORK, the CONTRACTOR finds a conflict, error, or discrepancy in the Construction Documents, the CONTRACTOR shall so report to the CITY in writing at once, and before proceeding with the work affected thereby, shall obtain a written interpretation, clarification, or correction from the ENGINEER.

3. 2 Order of Precedence of Construction Documents
A. In resolving conflicts resulting from conflicts, errors, or discrepancies in any of the Construction Documents, the order of precedence shall be as follows:

1. Change orders

2. Contract

3. Addenda

4. CONTRACTOR' SBid (Bid Form)

5. Supplementary Conditions

6. Notice Inviting Bids

7. Instructions to Bidders

8. General Conditions

9. Technical Specifications

10. Referenced Standard Specifications
10a. Caltrans Standard Specifications
10b. Lathrop Design & Construction Standards

11. Drawings
00700- 6
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
B. With reference to the Drawings the order of precedence is as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda/ change order drawings govern over Contract Drawings

4. Contract Drawings govern over standard drawings

3. Amending and Supplementing Construction Documents
A. The Construction Documents may be amended to provide for additions, deletions, and revisions in the WORK or to modify the terms and conditions thereof by a Change Order pursuant to Article 10).

3. 4 Reuse of Documents
A. Neither the CONTRACTOR, nor any Subcontractor or Supplier, nor any other person or organization performing any of the WORK under a contract with the CITY shall have or acquire any title to ownership rights in any of the Drawings, Technical Specifications, or other documents used on the WORK, and they shall not reuse any of them on the extensions of the Project or any other project without written consent.

3. 5 Conflicts within Construction Documents
A. Should the Construction Documents contain conflicts and/ or contradictions, the more stringent shall apply at the CITY' sdiscretion.

ARTICLE 4 -- AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS

4. 1 Availability of Lands
A. The CITY shall furnish, as indicated in the Construction Documents, the lands upon which the WORK is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise provided in the Construction Documents.

Nothing contained in the Construction Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands or rights -of -way provided. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said
easement furnished to the CITY' S REPRESENTATIVE prior to said use; and, neither the CITY nor the ENGINEER shall be liable for any claims or damages resulting from the CONTRACTOR' Sunauthorized trespass or use of any such properties. 00700- 7
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6

4. 2 Physical Conditions - Subsurface and Existing Structures A. Explorations and Reports: Reference is made to the Paragraph entitled " Physical Conditions" of the Supplementary Conditions for identification of those reports of explorations and tests of sub- surface conditions at the site that have been utilized by the ENGINEER in the preparation of the Construction Documents. The CONTRACTOR may rely upon the accuracy ofthe technical data contained in such reports, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non -technical data, interpretations, and opinions contained in such reports or the completeness thereof is the responsibility of the CONTRACTOR.

B. Existing Structures: Reference is made to the Paragraph entitled " Physical Conditions" of the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures except Underground Utilities referred to in Paragraph 4. herein) which are at or contiguous to the site that have been utilized by the ENGINEER in the preparation of the Construction Documents. The CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non -technical data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the CONTRACTOR.

4. 3 Differing Site Conditions
A. The CONTRACTOR shall notify the CITY' S REPRESENTATIVE in writing of the following unforeseen conditions, hereinafter called differing site conditions, promptly upon their discovery ( but in no event later than 14 days from the discovery) and before they are disturbed:

1. Subsurface or latent physical conditions at the site of the WORK differing materially from those indicated, described, or delineated in the Construction Documents including those reports and documents discussed in Paragraph 4.2; and.

2. Unknown physical conditions at the site of the WORK of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Construction Documents including those reports and documents discussed in Paragraph 4. 3.

B. The CITY' S REPRESENTATIVE will review the pertinent conditions and determine the necessity of obtaining additional explorations or tests with respect thereto.

C. If the CITY' S REPRESENTATIVE concludes that because of newly discovered conditions a change in the Construction Documents is required, a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the difference.
00700- 8
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
D. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the CITY and the CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in Articles 11 and 12.

E. The CONTRACTOR' Sfailure to give notice of differing site conditions within 14 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature.

4. Physical Conditions — Underground Utilities
A Shown or Indicated: The information and data shown or indicated in the Construction Documents with respect to existing Underground Utilities at or contiguous to the site are based on information and data furnished to the ENGINEER by the CITY, Underground Utility Companies or by others. Unless it is expressly provided in the Supplementary Conditions and/ orthe Section entitled " Protection and Restoration of Existing Facilities" of the General Requirements, the CITY and the ENGINEER shall not be responsible for the accuracy or completeness of any such information or data, and the CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Utilities shown or indicated in the Construction Documents, for coordination of the WORK with Underground Utility Companies during construction, for the safety and protection thereof and repairing any damage thereto resulting from the WORK, the cost of which will be considered as having been included in the Contract Price.

B. Not Shown or Indicated: If an Underground Utility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Construction Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall identify to the CITY' S REPRESENTATIVE such Underground Utility and give written notice thereof in accordance with the requirements of the Supplementary Conditions and Section entitled " Protection and Restoration of Existing Facilities" of the General Requirements.

4. 5 Reference Points
A. The ENGINEER will provide the CONTRACTOR with drawings showing benchmarks and reference points as it deems necessary to establish lines and grades required for the completion of the Site Work specified in the Contract Documents.

The CONTRACTOR shall make or furnish all surveys and set all construction stakes necessary for the completion of the work.

B. The CONTRACTOR shall preserve all bench marks, stakes, and other survey marks, and in case of their removal or destruction by its own employees or by its subcontractor' s
employees, the CONTRACTOR shall be responsible for the
accurate replacement of such reference points by professionally qualified personnel.
00700- 9
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6

4. 6 Asbestos, Hazardous Waste, or Toxic or Radioactive Materials A. If the CONTRACTOR observes, uncovers, or otherwise becomes aware of any asbestos, hazardous waste, or toxic or radioactive material at the site to which the CONTRACTOR or any Subcontractor, Supplier, or other person may be exposed, the CONTRACTOR shall immediately notify the CITY' S REPRESENTATIVE and thereafter confirm any oral notice in writing. The CITY' S REPRESENTATIVE shall promptly consult with the ENGINEER and the CONTRACTOR concerning such condition and determine the necessity of CITY' S retaining special consultants or qualified experts to deal therewith.

The CONTRACTOR shall not perform any work in connection therewith prior to receipt of special written instructions from the CITY' SREPRESENTATIVE.

ARTICLE 5 -- BONDS AND INSURANCE

5. 1 Performance and Other Bonds
A. The CONTRACTOR shall furnish a satisfactory Performance Bond in the amount of 100 percent of the Contract Price, a Payment Bond in the amount of 100 percent of the Contract Price, and a Warranty Bond in the amount of 10 percent of the final Contract Price
obligations
as security
under
for
the
the
Construction
faithful performance
Documents.
and
The
payment
Warranty
of
Bond
all the
shall

CONTRACTOR' S
remain in effect
at least until one year after the date of Acceptance of Public Improvements by the City as applicable, except as otherwise provided by Law or Regulation or by the Construction Documents. The CONTRACTOR shall also furnish such other Bonds as may be required by the Supplementary Conditions.

B. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, the CONTRACTOR shall within 7 days thereafter substitute another Bond and Surety, which must be acceptable to the CITY.

5. 2 Insurance
A. Category 3 " High Risk"
Insurance Requirements
i. Commercial General Liability
a. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($ 5, 000,00) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit. Contractor' sgeneral liability policies shall be primary and shall not seek contribution from the City' s coverage, and be endorsed using Insurance Services Office form CG 20 10 ( or equivalent) to provide that City and its 00700- 10
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 ( or equivalent), is also required.
b. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
c. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' sliability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Contractor shall provide auto liability coverage for owned, non -owned, and hired autos using ISO Business Auto Coverage form CA 00 01 ( or equivalent) with a limit of no less than five million dollars ($ 5, 000,00) per accident. iii. Workers' Compensation and Employers' Liability- Statutory a.

Liability
Contractor
Insurance
shall
with
maintain
limits of
Workers'
at least one
Compensation
million dollars ($
Insurance
1, 000,
and Employer' s
000). Contractor
shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

Coverage can be waived by city, if Contractor, in writing, confirms not required to carry coverage)
iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty ( 30) days' prior written notice has been given to the City, except that ten ( 10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self- insurance, self -insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies ifrequested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating ofA- VII or higher. 007001 1
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
e. Subcontractors and Consultants - A category ofrisk and the applicable insurance requirements will be determined on a " per subcontractor" or " per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.

ARTICLE 6 -- CONTRACTOR' SRESPONSIBILITIES

6. 1 Supervision and Superintendence
A. The CONTRACTOR shall supervise and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Construction Documents. The CONTRACTOR shall be responsible for the means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incidental thereto. The CONTRACTOR shall be responsible to see that the finished WORK complies accurately with the Construction Documents.

B. The CONTRACTOR shall designate in writing and keep on the work site at all times during its progress the technically qualified, English- speaking superintendent proposed by the CONTRACTOR in its bid and who shall not be replaced without written notice to the CITY. The superintendent will be the CONTRACTOR' Srepresentative at the site and shall have authority to act on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. The CONTRACTOR shall issue all its communications to the CITY' SREPRESENTATIVE.

C. The CONTRACTOR' S
supervisor or superintendent shall be present at the site of the WORK at all times while work is in progress. Failure to observe this requirement shall be considered as suspension of the WORK by the CONTRACTOR until such time as such supervisor or superintendent is again present at the site.

6. 2 Labor, Materials, and Equipment
A. The CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the WORK and perform construction as required by the Construction Documents.

The CONTRACTOR shall furnish, erect, maintain, and remove the construction plant and any temporary works as may be required. The CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Construction Documents, all work at the site shall be performed during regular working hours, and the CONTRACTOR will not permit overtime work or the performance of work on Saturday, Sunday, or any legal State, Federal or CITY holiday without the written consent of the CITY' S REPRESENTATIVE.

B. Except as otherwise provided in this Paragraph, the CONTRACTOR shall receive no additional compensation for overtime work, i.e., work in excess of 8 hours in any one calendar day or 40 hours in any one calendar week, even though such overtime work may 00700- 12
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
be required under emergency conditions and may be ordered by the CITY' S REPRESENTATIVE in writing. Additional compensation will be paid the CONTRACTOR for overtime work only in the event the CITY' S REPRESENTATIVE orders extra work and the change order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the CONTRACTOR for overtime work of a similar nature in the same locality.

C. All costs of inspection and testing performed during overtime work or on Saturday, Sunday, or any legal holiday by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR. The CITY shall have the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the CONTRACTOR.

D. Unless otherwise specified in the Construction Documents, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the furnishing, performance, testing, start- up, and completion of the WORK.

E. All materials and equipment to be incorporated into the WORK shall be of good quality and new, except as otherwise provided in the Construction Documents. All Suppliers' warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of the CITY. If required by the CITY' S REPRESENTATIVE, the CONTRACTOR shall furnish satisfactory evidence ( including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Construction Documents; but no provisions of any such instructions will be effective to assign to the CITY, or any of the CITY' sconsultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.C and

9.D.

6. 3 Adjusting Progress Schedule
A. The CONTRACTOR shall submit any adjustments in the progress schedule to the CITY' S REPRESENTATIVE for acceptance in accordance with the provisions for Contractor Submittals" in the General Requirements.

6. 4 Substitutes or " Or -Equal" Items
A. The CONTRACTOR shall submit proposed substitutes or " or -equal" items in accordance with the provisions for " Contractor Submittals" in the General Requirements. 00700- 13
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6

6. 5 Concerning Subcontractors, Suppliers, and Others
A. The CONTRACTOR shall be responsible to the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees regardless of tier to the same extent as CONTRACTOR is responsible to the CITY and the ENGINEER for the acts and omissions of its own employees. Nothing contained in this Paragraph shall create any contractual relationship between any subcontractor and the CITY or the ENGINEER nor relieve the CONTRACTOR of any liability or obligation under the prime Contract.

6. Permits
A. Contractor shall furnish the City a copy of a valid, current City of Lathrop Business License prior to the commencement of the work. Details may be found at https:// www. ci. lathrop. ca. us/ documents.

B. Unless otherwise provided in the Supplementary Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds ifrequired by such agencies.

The enforcement of such requirements under this Contract shall not be made the basis for claims for additional compensation. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids. The CONTRACTOR shall pay all utility charges for connections to the WORK.

C. The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Construction Documents for use in the performance of the WORK and if to the actual knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the CITY in the Construction Documents. The CONTRACTOR shall indemnify, defend and hold harmless the CITY and the ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses ( including attorneys' fees and court costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the WORK or resulting from the incorporation in the WORK of any invention, design, process, product, or device not specified in the Construction Documents, and shall defend all such claims in connection with any alleged infringement of such rights.

6. 7 Laws and Regulations
A. The CONTRACTOR shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK, or the conduct of the 00700- 14
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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WORK. If any discrepancy or inconsistency should be discovered in this Contract in relation to any such law, ordinance, code, order, or regulation, the CONTRACTOR shall report the same in writing to the CITY' S REPRESENTATIVE. The CONTRACTOR shall indemnify, defend, and hold harmless the CITY, the ENGINEER, and their officers, agents, and employees against all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by CONTRACTOR or by its employees or subcontractors. Any particular law or regulation specified or referred to elsewhere in the Construction Documents shall not in any way limit the obligation of the CONTRACTOR to comply with all other provisions of federal, state, and local laws and regulations. Where an individual State acts on occupational safety and health standards has been approved by Federal authority, then the provisions of said State act shall control.

6. 8 Taxes
A. The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the CONTRACTOR in accordance with the Laws and Regulations of the place of the Project, which are applicable during the performance of the WORK.

6. 9 Use of Premises
A. The CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to ( 1) the Project site, (2) the land and areas identified in and permitted by the Construction Documents, and ( 3) the other land and areas permitted by Laws and Regulations, rights -of -way, permits, and easements. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the CITY or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against the CITY or the ENGINEER by any such owner or occupant because of the performance of the WORK, the CONTRACTOR shall promptly attempt to settle with such other party by contract or otherwise resolve the claim through litigation. The CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify, defend, and hold the CITY and the ENGINEER harmless from and against all claims, damages, losses, and expenses including, but not limited to, fees of engineers, architects, attorneys, and other professionals and court costs) arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any such other party against the CITY or the performance

ENGINEER
of
to
the
the
work.
extent based on a claim arising out of the CONTRACTOR' S

6. 10 Safety and Protection
A. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR 00700- 15
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:

1. All employees on the WORK and other persons and organizations who may be affected thereby;

2. All the WORK and materials and equipment to be incorporated therein, whether in storage on or off the site; and

3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

B. The CONTRACTOR shall comply with all applicable Laws and Regulations ( whether referred to herein or not) of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify CITY' S REPRESENTATIVE of adjacent property and utilities when prosecution of the WORK may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

C. The CONTRACTOR shall designate a
responsible representative at the site whose duty
shall
superintendent
be the prevention
unless otherwise
of accidents.
designated
This
in
person
writing
shall
by the
be

CONTRACTOR
the CONTRACTOR' S
to the
CITY' SREPRESENTATIVE.

6. 11 Shop Drawings and Samples
A. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, the CONTRACTOR shall submit to the CITY' S REPRESENTATIVE for review all shop drawings in accordance with the accepted schedule of Shop Drawings submittals specified in the General Requirements.

B. The CONTRACTOR shall also submit to the CITY' S REPRESENTATIVE for review all samples in accordance with the accepted schedule of Sample submittals specified in the General Requirements.

C. Before submittal of each shop drawing or sample, the CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the WORK and the Construction Documents.

6. 12 Continuing the Work
A. The CONTRACTOR shall carry on the WORK and adhere to the progress schedule during all disputes or disagreements with the CITY. No work shall be delayed or 00700- 16
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
postponed pending resolution of any disputes or disagreements, except as the CONTRACTOR and the CITY may otherwise agree in writing.

6. 13 Liquidated Damages
A. N/ A

6. 14 Indemnification
A. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, the ENGINEER, and their officers, directors, agents, and employees, against and from all claims and liability arising under, by reason of or incidentally to the Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/ or the ENGINEER. Such indemnification by the CONTRACTOR shall include but not be limited to the following:

1. Liability or claims resulting directly or indirectly from the negligence or carelessness of the CONTRACTOR, its employees, or agents in the performance of the WORK, or in guarding or maintaining the same, or from any improper materials, implements, or appliances used in its construction, or by or on account of any act or omission of the CONTRACTOR, its employees, or agents;

2. Liability or claims arising directly or indirectly from bodily injury, occupational sickness or disease, or death of the CONTRACTOR' Sor Subcontractor' sown employees engaged in the WORK resulting in actions brought by or on behalf of such employees against the CITY and/ orthe ENGINEER;

3. Liability or claims arising directly or indirectly from or based on the violation of any law, ordinance, regulation, order, or decree, whether by the CONTRACTOR, its employees, or agents;

4. Liability or claims arising directly or indirectly from the use or manufacture by the CONTRACTOR, its employees, or agents in the performance of this Contract of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article, or appliance, unless otherwise specifically stipulated in this Contract;

5. Liability or claims arising directly or indirectly from the breach of any warranties, whether express or implied, made to the CITY or any other parties by the CONTRACTOR, its employees, or agents;

6. Liabilities or claims arising directly or indirectly from the willful misconduct ofthe CONTRACTOR, its employees, or agents; and,

7. Liabilities or claims arising directly or indirectly from any breach of the obligations assumed herein by the CONTRACTOR.
00700- 17
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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B. The CONTRACTOR shall reimburse the CITY for all costs and expenses, (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals and court costs) incurred by said CITY in enforcing the provisions ofthis Paragraph 6. 13.

C. The indemnification obligation under this Paragraph 6. 13 shall not be limited in any way by any limitation of the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any such subcontractor or other person or organization under workers' compensation acts, disability benefit acts, or other employee benefit acts.

6. 15 Contractor' sDaily Reports
A. The CONTRACTOR shall complete a daily report indicating manpower, major equipment, subcontractors, weather conditions, etc., involved in the performance of the WORK. The daily report shall be completed on forms prepared by the CONTRACTOR and acceptable to the CITY, and shall be submitted to the CITY' S REPRESENTATIVE at the conclusion of each workday.

6. 16 Assignment of Contract
A. The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or its right, title, or interest therein, or obligations thereunder, without the written consent of the CITY except as imposed by law. If the CONTRACTOR violates this provision, the Contract may be terminated at the option of the CITY. In such event, the CITY shall be relieved of all liability and obligations to the CONTRACTOR and to its assignee or transferee, growing out of such termination.

ARTICLE 7 -- OTHER WORK

7. 1 Related Work at Site
A. The CITY may perform other work related to the Project at the site by the CITY' Sown forces, have other work performed by utility companies, or let other direct contracts therefore which may contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Construction Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work.

B. The CONTRACTOR shall afford each utility company and other contractors who are a party to such a direct contract ( or the CITY, if the CITY is performing the additional work with the CITY' Semployees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the WORK with theirs. The CONTRACTOR shall do all cutting, fitting, and patching of the WORK that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the CITY and the others whose work will be affected. 00700- 18
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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C. If any part of the CONTRACTOR' S work depends for proper execution or results upon the work of any such other contractor or utility company ( or CITY), the CONTRACTOR shall inspect and report to the CITY' S REPRESENTATIVE in writing any delays, defects, or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The CONTRACTOR' Sfailure to report such delays, defects, or deficiencies will constitute an acceptance of the other work as fit and proper for integration with the CONTRACTOR' Swork except for latent or non -apparent defects and deficiencies in the other work.

7. 2 Coordination
A. If the CITY contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither the CITY nor the ENGINEER shall have any authority or responsibility in respect of such coordination.

ARTICLE 8 -- CITY' S RESPONSIBILITIES

8. 1 Communications
A. The CITY shall issue all its communications to the CONTRACTOR through the CITY' S REPRESENTATIVE.

8. 2 Payments
A. The CITY shall make payments to the CONTRACTOR as provided in Paragraphs 14. 5 and 14. 8.

8. 3 Lands, Easements, And Surveys
A. The CITY' Sduties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraph 4. 1. The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures, which have been utilized by the ENGINEER in preparing the Drawings and Technical Specifications.

8. 4 Change Orders
A. The CITY shall execute Change Orders as indicated in Paragraph 10.D. 00700- 19
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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8. 5 Inspections and Tests
A. The CITY' Sresponsibility in respect of certain inspections, tests, and approvals is set forth in Paragraph 13. 3B.

8. 6 Suspension of Work
A. In connection with the CITY' Sright to stop work or suspend work, see Paragraphs 13. 4 and 15.. Paragraphs 15. 2 and 15. 3 deal with the CITY' Sright to terminate services of the CONTRACTOR under certain circumstances.

ARTICLE 9 - CITY' S REPRESENTATIVE / ENGINEER' SSTATUS DURING

CONSTRUCTION

9. 1 City' s Representative
A. The CITY' S REPRESENTATIVE is the person, firm or corporation assigned to be the CITY' S representative during the construction period as set forth in the Supplementary Conditions. The duties and responsibilities and the limitations of authority of the CITY' S REPRESENTATIVE during construction are set forth in the Supplementary Conditions.

9. 2 Visits to Site
A. The CITY' S REPRESENTATIVE and/ or the ENGINEER may make visits to the site during construction to observe the progress and quality of the WORK and to determine, in general, ifthe WORK is proceeding in accordance with the Construction Documents.

The CITY' S REPRESENTATIVE and/ or the ENGINEER is not required to make exhaustive or continuous on -site inspections to check the quality or quantity of the WORK. The CITY' SREPRESENTATIVE and/ orthe ENGINEER shall not, during such visits or as a result of such observations of the CONTRACTOR' Swork in progress, supervise, direct, or have control over the CONTRACTOR' Swork.

9. 3 Project Engineer
A. The ENGINEER may furnish a Project Engineer to assist in observing the performance of the WORK. The Project Engineer is the ENGINEER' Sagent.

9. 4 Clarifications and Interpretations
A. The ENGINEER, through the CITY' S REPRESENTATIVE, will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Construction Documents ( in the form of Drawings or otherwise) as the ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent ofthe Construction Documents.
00700- 2
SECTION 00700
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9. 5 Authorized Variations in Work
A. The CITY' S REPRESENTATIVE and/ or the ENGINEER may authorize minor variations in the WORK from the requirements of the Construction Documents, which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Construction Documents. These may be accomplished by a Field Order issued through the CITY' S REPRESENTATIVE and will require the CONTRACTOR to perform the work involved promptly. If the CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, the CONTRACTOR may make a claim therefore as provided in Article 11 or 12.

9. 6 Rejecting Defective Work
A. The CITY' S REPRESENTATIVE has authority to reject work, which the CITY' S REPRESENTATIVE and/ or ENGINEER believes to be defective, and also has authority to require special inspection or testing of the WORK as provided in Paragraph 13. 3G, whether or not the WORK is fabricated, installed, or completed.

9. 7 Contractor Submittals, Change Orders, and Payments A. In accordance with the procedures set forth in the General Requirements, the CITY' S REPRESENTATIVE and/ or the ENGINEER will review all CONTRACTOR submittals, including shop drawings, samples, substitutes, or " or equal" items, etc., in order to determine if the items covered by the submittals will, after installation or incorporation in the WORK, conform to the requirements of the Construction Documents and be compatible with the design concept of the completed project as a functioning
whole
review
as
shall
indicated
not extend
by the
to
Construction
means, methods,
Documents.
techniques,
The CITY' S
sequences
and the
or

ENGINEER' S
procedures of
construction or to safety precautions or programs incident thereto.

B. In connection with the ENGINEER' Sresponsibilities as to Change Orders, see Articles 10, 11, and 12.

C. In connection with the ENGINEER' Sresponsibilities in respect of Applications for Payment, see Article 14.

9. 8 Decisions on Disputes
A. The CITY' S REPRESENTATIVE will be the initial interpreter of the requirements of the Construction Documents and judge of the acceptability of the WORK there under.

Claims, disputes, and other matters relating to the acceptability of the WORK; the interpretation of the requirements of the Construction Documents pertaining to the performance of the WORK; and those claims under Articles 11 and 12 in respect to changes in the Contract Price or Contract Time will be referred initially to the CITY' S REPRESENTATIVE in writing with a
request for formal decision in accordance with
this paragraph, which the CITY will render in writing within 30 days of receipt of the 00700- 21
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
CIP WW 25-6
request. Written notice of each such claim, dispute, and other matter will be delivered by the CONTRACTOR to the CITY' S REPRESENTATIVE promptly but in no event later than 30 days after the occurrence of the event giving rise thereto. Written supporting data will be submitted to the CITY' S REPRESENTATIVE within 30 days after such occurrence unless the CITY allows an additional period of time to ascertain more accurate data in support of the claim.

B. When functioning as arbiter and judge, the ENGINEER shall not show partiality to the CITY or the CONTRACTOR and shall not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the ENGINEER with respect to any such claim, dispute, or other matter ( except any which have been waived by the making or acceptance of final payment as provided in Paragraph

14. 12) will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Construction Documents or by Law or Regulations in respect of any such claim, dispute, or other matter.

C. All contracts between the Contractor and his subcontractors and suppliers regardless of tier shall include a provision that subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the CITY by all terms and provisions of the Contract, including this arbitration provision.

9. Limitation on Engineer' sResponsibilities
A. Neither the ENGINEER' S
authority to act under this Article 9 or other provisions of the Construction Documents nor any decision made by the ENGINEER in good faith whether to exercise such authority shall give rise to any duty or responsibility of the ENGINEER to the CONTRACTOR, any Subcontractor, any Supplier, any surety for any of them, or any other person or organization performing any of the WORK.

B. Whenever in the Construction Documents the terms " as ordered," " as directed," " as required," " as allowed," " as reviewed," " as approved," or terms of like effect or import are used, or the adjectives " reasonable," " suitable," " acceptable," " proper," or satisfactory" or adjectives of like effect or import are used to describe a requirement,
direction, review, or judgment of the ENGINEER and CITY as to the WORK, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the WORK for compliance with the requirements of the Construction Documents, and conformance with the design concept of the completed Project as a functioning whole as
indicated by the Construction Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to the ENGINEER and the CITY any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions ofParagraph 9.C or 9.D.

C. The ENGINEER and the CITY will not have authority over or be responsible for the CONTRACTOR' S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure 00700- 22
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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of the CONTRACTOR to comply with Laws and Regulations, applicable to the performance of the WORK. The ENGINEER and CITY will not be responsible for the CONTRACTOR' Sfailure to perform the WORK in accordance with the Construction Documents.

D. The ENGINEER and CITY will not be responsible for the acts or omissions of the CONTRACTOR nor of any subcontractor, supplier, or any other person or organization performing any of the WORK.

ARTICLE 10 -- CHANGES IN THE WORK

10. General
A. Without invalidating the Contract and without notice to any surety, the CITY may at any time or from time to time, order additions, deletions, or revisions in the WORK; these will be authorized by a written Field Order and/ or a Change Order issued by the CITY based on recommendations by the Engineer. Upon receipt of any such document, the CONTRACTOR shall promptly proceed with the work involved, which will be performed under the applicable conditions of the Construction Documents.

B. If the CITY and the CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Field Order, a claim may be made therefore as provided in Articles 11 or 12.

C. The CONTRACTOR shall not be entitled to an increase in the Contract Price nor an extension of the Contract Time with respect to any work performed that is not required by the Construction Documents as amended, modified, supplemented by Change Order, except in the case of an emergency and except in the case of uncovering work as provided in Paragraph 13. 3G.

D. The CITY and the CONTRACTOR shall execute appropriate Change Orders covering:

1. Changes in the WORK, which are ordered/ recommended by the ENGINEER and agreed to by CITY pursuant to Paragraph 10. 1A;

2. Changes required because of acceptance of defective work under Paragraph 13. 7;

3. Changes in the Contract Price or Contract Time which are agreed to by the parties; or

4. Any other changes agreed to by the parties.

E. If notice of any change is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR' Sresponsibility, and the amount of each applicable Bond shall be adjusted accordingly. 00700- 23
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10. 2 Allowable Quantity Variations
A. In the event of an increase or decrease in bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Construction Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the WORK in excess of 25 percent.

B. In the event a part of the WORK is to be entirely eliminated and no lump sum or unit price is named in the Construction Documents to cover such eliminated work, the price of the eliminated work shall be agreed upon in writing by the CITY and the CONTRACTOR. If the CITY and the CONTRACTOR fail to agree upon the price of the eliminated work, said price shall be determined in accordance with the provisions of Article 11.

ARTICLE 11 -- CHANGE OF CONTRACT PRICE

11. General
A. The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the WORK. All duties, responsibilities, and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without change in the Contract Price.

B. The Contract Price shall only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered by the CONTRACTOR to the CITY promptly ( but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence ( unless the CITY allows an additional period of time to ascertain more accurate data in support ofthe claim)
written statement that the amount claimed
and shall
covers
be accompanied
all known amounts (
by the CONTRACTOR' S
direct, indirect,
and consequential) to which the CONTRACTOR is entitled as a result of the occurrence of said event. A11 claims for adjustment in the Contract Price shall be determined by the CITY in accordance with Paragraph 9. 8A if the CITY and the CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph 11.B.

C. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

1. Where the work involved is covered by unit prices contained in the Construction Documents, by application of unit prices to the quantities of the items involved.

2. By mutual acceptance of a
lump sum, which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 11. 4. 00700- 24
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CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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3. On the basis of the cost of work ( determined as provided in Paragraphs 11. 2 and

11. 3) plus a CONTRACTOR' Sfee for overhead and profit (determined as provided in Paragraph 11. 4).

11. 2 Cost of Work (Based On Time and Materials)
A. General: The CONTRACTOR shall provide an approximate value of any extra work to be performed prior to starting the extra work. The sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by the CITY, the cost of work shall be in amounts no higher than those prevailing in the locality of the Project. Whenever any extra work is in progress, for which the definite price has not been agreed on in advance, the CONTRACTOR shall each day, report to the CITY the amount and cost of the labor and material used, and any other expense incurred in such extra work on the preceding day, and no claim for compensation for such extra work will be allowed unless such report shall have been made.

B. Labor: The cost of labor used in performing extra work by the CONTRACTOR, a subcontractor, or other forces will be the sum of the following:

1. The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cost of labor may include the wages paid to foremen when determined by the CITY that the services of foremen do not constitute a part of the overhead allowance.

2. All payment imposed by state and federal laws including, but not limited to, compensation insurance, and social security payments.

3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer.

At the beginning of the extra work and as later requested by the CITY, the CONTRACTOR shall furnish the CITY proof of labor compensation rates being paid.

C. Materials: The cost of materials used in performing extra work will be the cost to the purchaser, whether CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable:

1. Trade discounts available to the purchaser shall be credited to the CITY notwithstanding the fact that such discounts may not have been taken by the CONTRACTOR.

2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the CITY' S REPRESENTATIVE. Markup except for actual costs incurred in the handling of such materials will not be allowed. 00700- 25
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower.

4. If in the opinion of the CITY' S REPRESENTATIVE the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work site less trade discount. The CITY reserves the right to furnish materials for the extra work and no claim shall be made by the CONTRACTOR for costs and profit on such materials.

D. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the " Labor Surcharge and Equipment Rental Rates" as published by the Department of Transportation. Such rental rate will be used to compute payments for equipment whether the equipment
control, through direct City control, leasing, renting, or another is under
method
the CONTRACTOR' S
of acquisition.

The rental rate to be applied for use of each item of equipment shall be the rate resulting in the least total cost to the CITY for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the publication specified in the Supplementary Conditions, an equitable rental rate for the equipment will be established by the CITY' SREPRESENTATIVE. The CONTRACTOR may furnish cost data, which might assist the CITY' SREPRESENTATIVE in the establishment of the rental rate.

1. All equipment shall, in the opinion of the CITY' SREPRESENTATIVE, be in good working condition and suitable for the purpose for which the equipment is to be used.

2. Before construction equipment is used on the extra work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the CITY' S REPRESENTATIVE, in duplicate, a description of the equipment and its identifying number.

3. Unless otherwise specified, manufacturer' sratings and manufacturer -approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment, which has no direct power unit, shall be powered by a unit of at least the minimum rating recommended by the manufacturer.

4. Individual pieces of equipment or tools having a
replacement value of $100 or less,
whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore.

5. Rental time will not be allowed while equipment is inoperative due to breakdowns.

E. Equipment on the Work Site: The rental time to be paid for equipment on the work site shall be the time the equipment is in productive operation on the extra work being 00700- 26
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid ifthe equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. The following shall be used in computing the rental time of equipment on the work site.

1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/ 2 -hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation.

2. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/ 2 -day of operation. When CITY -operated equipment is used to perform extra work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in Paragraphs ( 3), (4), and ( 5), following.

3. Payment for the equipment will be made in accordance with the provisions in Paragraph 11. 2D, herein.

4. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the work site, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with the provisions of Paragraph 11. 2B, herein, which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to or on behalf of workers other than actual wages.

5. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Paragraph

11. 4, herein.

11. 3 Special Services
A. Special work or services are defined as that work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. The following may be considered by the CITY' S REPRESENTATIVE in making estimates for payment for special services:

1. When the CITY' S REPRESENTATIVE and the CONTRACTOR, by agreement, determine that a special service or work is required which cannot be performed by the forces of the CONTRACTOR or those of any of its subcontractors, the special 00700- 27
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the CITY' SREPRESENTATIVE, invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs.

2. When the CONTRACTOR is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the work performed at the off -site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization.

3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in Paragraph 11. 4, herein, an allowance of 5 percent will be added to invoices for special services.

B. All work performed hereunder shall be subject to all ofthe provisions of the Construction Documents and the CONTRACTOR' Ssureties shall be bound with reference thereto as under the original Contract. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the CITY' S REPRESENTATIVE for review prior to the performance of any work hereunder.

11. 4 Contractor' sFee
A. Extra work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the CITY' SREPRESENTATIVE, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the WORK the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include full compensation for superintendence, bond and insurance premiums, taxes, office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 11. 2B, C, and D, herein including extended overhead and home office overhead. The allowance for overhead and profit will be made in accordance with the following schedule:

Actual Necessary Cost Overhead and Profit Allowance
Labor 15 percent
Materials 10 percent
Equipment 10 percent
Subcontractor 5 percent
B. It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the subcontractor on behalf of the CONTRACTOR. When all or any part of the extra work is performed by a subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the subcontractor, to which the CONTRACTOR may add 5 percent of the subcontractor' stotal cost for the extra work. Regardless of the number of hierarchical tiers of subcontractors, the 5 percent 00700- 28
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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increase above the subcontractor' stotal cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate work transaction.

ARTICLE 12 -- CHANGE OF CONTRACT TIME

12. General
A. The Contract Time may only be changed by a Change Order. Any claim for an extension of the Contract Time shall be based on written notice delivered by the CONTRACTOR to the CITY' S REPRESENTATIVE promptly ( but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within 60 days after such occurrence ( unless the CITY' S REPRESENTATIVE allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the CONTRACTOR' Swritten statement that the adjustment claimed is the entire adjustment to which the CONTRACTOR has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by the CITY' S REPRESENTATIVE in accordance with Paragraph 9. 8 if the CITY and the CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this Paragraph 12.A.

B. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of the CONTRACTOR provided that such time lost affects the critical path as shown on the CPM schedule if a claim is made therefore as provided in Paragraph

12.A. Such delays shall include: acts or neglect by the CITY or others performing additional work as contemplated by Article 7, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage or freight embargoes.

C. All time limits stated in the Construction Documents are of the essence of the Contract.

12. 2 Extensions of Time for Delay Due to Inclement Weather A. Inclement weather is any weather condition or conditions resulting immediately there from, causing the CONTRACTOR to suspend construction operations or preventing the CONTRACTOR from proceeding with at least 75 percent of the normal labor and equipment force engaged on the work.

B. Should the CONTRACTOR prepare to begin work at the regular starting time at the beginning of any regular work shift on any day on which inclement weather, or the conditions resulting from the weather, or the condition of the WORK prevents work from beginning at the usual starting time and the crew is dismissed as a result thereof, the CONTRACTOR will not be charged for a working day whether or not conditions change thereafter during said day and the major portion of the day could be considered to be suitable for such construction operations.
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CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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C. The CONTRACTOR shall base its construction schedule upon the inclusion of the number of days of inclement weather specified in paragraph entitled " Inclement weather delays" of the Supplementary Conditions. No extension of the Contract Time due to inclement weather will be considered until after the said number of days of inclement weather has been reached. However, no reduction in Contract Time will be made if said number of days of inclement weather is not reached.

ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;

CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

13. Warranty and Guarantee
A. The CONTRACTOR warrants and guarantees to the CITY and the ENGINEER that all work will be in accordance with the Construction Documents and will not be defective.

Prompt notice of defects known to the CITY and ENGINEER shall be given to the CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13.

13. 2 Access to Work
A. The CITY' S REPRESENTATIVE, ENGINEER, other representatives of the CITY, testing agencies, and governmental agencies with jurisdictional interests shall have access to the WORK at reasonable times for their observation, inspections, and testing.

The CONTRACTOR shall provide proper and safe conditions for such access.

13. 3 Tests and Inspections
A. The CONTRACTOR shall give the CITY' S REPRESENTATIVE timely notice of readiness of the WORK for all required inspections, tests, or approvals.

B. If Laws or Regulations of the CITY, or any public body having jurisdiction other than the CITY, require any work to specifically be inspected, tested, or approved, the CONTRACTOR shall pay all costs in connection therewith. The CONTRACTOR shall be responsible for and shall pay all costs in connection with testing the work for compliance with the Construction Documents unless stated otherwise in the Supplementary Conditions. The CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the CITY' Sor the ENGINEER' Sacceptance of a Supplier of materials or equipment proposed as a substitution or (or -equal) to be incorporated in the WORK, or of materials or equipment submitted for review prior to the CONTRACTOR' Spurchase thereof for incorporation in the WORK.

C. The CITY' S REPRESENTATIVE will make, or have made, such inspections and tests as the CITY' S REPRESENTATIVE deems necessary to see that the WORK is being accomplished in accordance with the requirements of the Construction Documents.

Unless otherwise specified in the Supplementary Conditions, the cost of such inspection and testing will be borne by the CITY. In the event such inspections or tests reveal non - 00700 - 30
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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compliance with the requirements of the Construction Documents, the CONTRACTOR shall bear the cost of corrective measures deemed necessary by the CITY' S REPRESENTATIVE, as well as the cost of subsequent re -inspection and retesting.

Neither observations by the CITY' S REPRESENTATIVE nor inspections, tests, or obligation
approvals
to
by
perform
others
the
shall
WORK
relieve
in
the
accordance

CONTRACTOR
with the Construction
from the CONTRACTOR' S
Documents.

D. All inspections, tests, or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to the CITY' S REPRESENTATIVE.

E. If any work ( including the work of others) that is to be inspected, tested, or approved is covered without written concurrence of the CITY' S REPRESENTATIVE, it must, if requested by the CITY' S REPRESENTATIVE, be uncovered for observation. Such uncovering shall be at the CONTRACTOR' Sexpense unless the CONTRACTOR has given the CITY' S REPRESENTATIVE timely notice of the CONTRACTOR' Sintention to perform such test or to cover the same and the CITY' SREPRESENTATIVE has not acted with reasonable promptness in response to such notice.

F. If any work is covered contrary to the written request of the CITY' S REPRESENTATIVE, it must, if requested by the CITY' S REPRESENTATIVE, be uncovered for the CITY' S REPRESENTATIVE observation and replaced at the CONTRACTOR' Sexpense.

G. If the CITY' S REPRESENTATIVE considers it necessary or advisable that covered work be observed by the CITY' S REPRESENTATIVE or inspected or tested by others, the CONTRACTOR, at the CITY' SREPRESENTATIVE request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as the CITY' S REPRESENTATIVE may require, that portion of the WORK in question, furnishing all necessary labor, material, and equipment. If it is found that such work is defective, the CONTRACTOR shall bear all direct, indirect, and consequential costs and damages of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals. However, if such work is not found to be defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction; and, ifthe parties are unable to agree as to the amount or extent thereof, the CONTRACTOR may make a claim therefore as provided in Articles 11 and 12.

13. 4 City May Stop the Work
A. If the WORK is defective, or the CONTRACTOR fails to perform work in such a way that the completed WORK will conform to the Construction Documents, the CITY' S REPRESENTATIVE may order the CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of the 00700- 31
SECTION 00700
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CITY to stop the WORK shall not give rise to any duty on the part ofthe CITY to exercise this right for the benefit of the CONTRACTOR or any other party.

13. 5 Correction or Removal of Defective Work
A. Ifrequired by the CITY' SREPRESENTATIVE, the CONTRACTOR should promptly, either correct all defective work, whether or not fabricated, installed, or completed, or, if the WORK has been rejected by the CITY' S REPRESENTATIVE, remove it from the site and replace it with non -defective work. The CONTRACTOR shall bear all direct, indirect and consequential costs and damages of such correction or removal, including but not limited to fees and charges of engineers, architects, attorneys, and other professionals made necessary thereby.

13. 6 One Year Correction Period
A. If within one year after the date of Substantial Completion/ Noticeof Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Construction Documents or by any specific provision of the Construction Documents, any work is found to be defective in the CITY' Ssole and absolute discretion, the CONTRACTOR shall promptly, without cost to the CITY and in accordance with CITY' S written notification, either correct such defective work, or, ifit has been rejected by the CITY, remove it from the site and replace it with non -defective work. If the CONTRACTOR does not promptly comply with the such notification, or in an emergency where delay would cause serious risk of loss or damage, the CITY' S REPRESENTATIVE may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect, and consequential costs and damages of such removal and replacement including but not limited to fees and charges of engineers, architects, attorneys and other professionals will be paid by the CONTRACTOR.

13. 7 Acceptance of Defective Work
A. The City may accept any work performed defectively. Any such acceptance of defective work shall not waive the City' s right to enforce a one- year correction period listed above in Section 13. 6(A) unless such a waiver is expressly included in the written acceptance of defective work by the City and the City receives an agreed upon decrease in the contract price in exchange for the release of the above referenced one- year warranty on any defective work accepted.

B. If, instead of requiring correction or removal and replacement of defective work, the CITY prefers to accept the work, the CITY may do so. The CONTRACTOR shall bear all direct, indirect, and consequential costs attributable to the CITY' S REPRESENTATIVE evaluation of and determination to accept such defective work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Construction Documents with respect to the WORK, and the CITY shall be entitled to an appropriate decrease in the Contract Price.
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ARTICLE 14 -- PAYMENTS TO CONTRACTOR AND COMPLETION

14. Schedule of Values (Lump Sum Price Breakdown)
A. The CONTRACTOR shall provide a Schedule of Values ( lump sum price breakdown) for all " Lump Sum" items of work. The Schedule of Values shall serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the CITY' S REPRESENTATIVE.

14. 2 Unit Price Bid Schedule
A. Progress payments on account of Unit Price work will be based on the number of units completed.

14. 3 Application for Progress Payment
A. Unless otherwise prescribed by law, on the 25th of each month, the CONTRACTOR shall submit to the CITY' S REPRESENTATIVE for review, an Application for Payment filled out and signed by the CONTRACTOR covering the WORK completed as of the date of the Application and accompanied by such supporting documentation as is required by the Construction Documents.

B. The Application for Payment shall identify, as a sub -total, the amount of the CONTRACTOR' Stotal earnings to date, plus the value of materials stored at the site which have not yet been incorporated in the WORK, and less a deductive adjustment for materials installed which were not previously incorporated in the WORK, but for which payment was allowed under the provisions for payment for materials stored at the site, but not yet incorporated in the WORK.

C. The net payment due to the CONTRACTOR shall be the above -mentioned subtotal from which shall be deducted the amount of retainage specified below and the total amount of all previous payments made to the CONTRACTOR.

1. The CITY may retain 5 percent of each approved progress payment until the work is completed and accepted and release ofretainage and other deduction as described in Section 14.0. occurs.

D. The value of materials stored at the site shall be an amount equal to the specified percent of the value of such materials as set forth in the Supplementary Conditions. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated in the WORK but delivered and suitably stored at the site or at another location agreed to in writing; provided, each such individual item has a value of more than $ 5000 and will become a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all liens, charges, security interests, and encumbrances ( which are hereinafter in these General Conditions referred to as " Liens") and evidence that the materials and equipment are 00700- 33
SECTION 00700
CTF PHASE 4 EXPANSION GENERAL CONDITIONS
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covered by appropriate property insurance and other arrangements to protect the CITY' S interest therein, all of which will be satisfactory to the CITY.

14. 4 Contractor' sWarranty of Title
A. The CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by an Application for Payment, whether incorporated in the WORK or not, will pass to the CITY no later than the time of final payment free and clear of all liens.

14. 5 Review of Applications for Progress Payment
A. The CITY' SREPRESENTATIVE will, within 7 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to the CONTRACTOR indicating in writing the CITY' sreasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the Application. Thirty days after presentation of the Application for Payment with the CITY recommendation, the amount recommended will subject to the provisions ofParagraph 14. 5B) become due and when due will be paid by the CITY to the CONTRACTOR.

B. The CITY may refuse to make payment of the full amount requested by the CONTRACTOR because claims have been made against the CITY on account of the CONTRACTOR' Sperformance of the WORK or Liens have been filed in connection with the WORK or there are other items entitling the CITY to a credit against the amount recommended, but the CITY will give the CONTRACTOR written notice within 7 days stating the reasons for such action.

14. 6 Partial Completion
A. The CITY shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified in writing by the CITY, identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service.

B. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all items or portions of the WORK to be partially utilized shall be borne by the CONTRACTOR. Upon issuance of said written notice ofpartial completion, the CITY will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice.

C. The CONTRACTOR shall retain full responsibility for satisfactory completion of the WORK, regardless of whether a portion thereof has been partially utilized by the CITY and the CONTRACTOR' Sone year correction period shall commence only after the date of Substantial Completion/ Notice of Completion for the WORK. 00700- 34
SECTION 00700
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14. 7 Substantial Completion
A. When the CONTRACTOR considers the WORK ready for its intended use the CONTRACTOR shall notify the CITY and the ENGINEER in writing that the WORK is substantially complete and request that the CITY' S REPRESENTATIVE prepare a Certificate of Substantial Completion/ Notice of Completion. Within a reasonable time thereafter, the CONTRACTOR and the CITY' S REPRESENTATIVE shall make an inspection of the WORK to determine the status of completion. If the CITY' S REPRESENTATIVE does not consider the WORK substantially complete, the CITY' S REPRESENTATIVE will notify the CONTRACTOR in writing giving the reasons therefore. If the CITY' S REPRESENTATIVE considers the WORK substantially complete, the CITY' S REPRESENTATIVE will prepare for execution and recordation the Certificate of Substantial Completion/ Noticeof Completion signed by the CITY and CONTRACTOR, which shall fix the date of Substantial Completion/ Notice of Completion. As applicable, there shall be attached to the Certificate/ Notice a list of items to be completed or corrected before final payment.

14. 8 Final Application for Payment
A. After the CONTRACTOR has completed all correction work referred to in Paragraph

14. 7 and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents ( as provided in the General Requirements) and other documents, all as required by the Construction Documents, and after the ENGINEER has indicated that the WORK is acceptable, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Construction Documents, together with complete and legally effective releases or waivers ( satisfactory to the CITY) of all liens arising out of or filed in connection with the WORK.

14. 9 Final Payment and Acceptance
A. If, on the basis of the CITY' S REPRESENTATIVE' Sobservation of the WORK during construction and final inspection, and the CITY' SREPRESENTATIVE' Sreview of the final Application for Payment and accompanying documentation, all as required by the Construction Documents, the CITY' S REPRESENTATIVE is satisfied that the WORK has been completed and the CONTRACTOR' Sother obligations under the Construction Documents have been fulfilled, the CITY' S REPRESENTATIVE will, within 14 days after receipt of the final Application for Payment, indicate in writing the CITY' S REPRESENTATIVE' Srecommendation of payment and present the Application to the CITY for payment.

B. After acceptance of the WORK by the CITY' Sgoverning body, the CITY will make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions ofthe Construction Documents, including the following items:
00700- 35
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1. Liquidated damages, as applicable.

2. Two times the value of outstanding items of correction work or punch list items indicated on the Certificate of Substantial Completion/ Notice of Completion as being yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the CITY within the time stated on the Certificate of Substantial Completion/ Notice of Completion; otherwise the CONTRACTOR does hereby waive any and all claims to all monies withheld by the CITY to cover the value of all such uncompleted or uncorrected items.

14.0 Release of Retainage and Other Deductions
A. After executing the necessary documents to initiate the lien period, and not more than 45 days thereafter ( based on a 30 -day lien filing period and 15 -day processing time), the CITY will release to the CONTRACTOR the retainage funds withheld pursuant to the Contract, less any deductions to cover pending claims against the CITY pursuant to Paragraph 14. 5B.

B. After filing of the necessary documents to initiate the lien period, the CONTRACTOR shall have 30 days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Certificate of Substantial Completion/ Notice of Completion. Upon expiration of the 45 days, referred to in Paragraph 14. 10A, the amounts withheld pursuant to the provisions of Paragraph

14. 9B herein, for all remaining work items will be returned to the CONTRACTOR; provided, that said work has been completed or corrected to the satisfaction of the CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies withheld by the CITY under the Contract to cover 2 times the value of such remaining uncompleted or uncorrected items.

14.1 Contractor' sContinuing Obligation
A. The CONTRACTOR' S
obligation to perform and complete the WORK in accordance with the Construction Documents shall be absolute. Neither recommendation of any progress or final payment by the CITY, nor the issuance of a Certificate of Substantial Completion/ Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Construction Documents, nor any use or occupancy of the WORK or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review of a Shop Drawing or sample submittal, will constitute an acceptance of work not
obligation
in accordance
to perform
with
the
the
WORK
Construction
in accordance
Documents
with
or
the
a release
Construction
of the CONTRACTOR' S
Documents.

14.2 Final Payment Terminates Liability of City
A. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage as applicable, less deductions listed in Paragraph 14. 9B herein. The acceptance by the CONTRACTOR of the final payment referred to in Paragraph 14. 9 herein, shall be a release of the CITY and its agents from all claims of 00700- 36
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liability to the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of the CITY or of any person relating to or affecting the WORK, except demands against the CITY for the remainder, if any, of the amounts kept or retained under the provisions of Paragraph 14. 9 herein; and excepting pending, unresolved claims filed prior to the date of the Certificate of Substantial Completion/ Noticeof Completion.

ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION

15. Suspension of Work by City
A. The CITY, may, at any time and without cause, suspend the WORK or any portion thereof for a period of not more than 90 days by notice in writing to the CONTRACTOR.

The CONTRACTOR shall resume the WORK on receipt from the CITY' S REPRESENTATIVE of a notice of resumption of work. The CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if the CONTRACTOR makes an approved claim therefore as provided in Articles 11 and 12.

15. 2 Termination of Contract by City ( Contractor Default) A. In the event of default by the CONTRACTOR, the CITY may give 10 days' written notice to the CONTRACTOR of CITY' Sintent to terminate the Contract and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR whenever CONTRACTOR shall:
1) declare bankruptcy, become insolvent, or assign its assets for the benefit of its creditors; ( 2) fail to provide materials or workmanship meeting the requirements of the Construction Documents; ( 3) disregard or violate provisions of the Construction Documents or CITY' S REPRESENTATIVE' Sinstructions; ( 4) fail to prosecute the WORK according to the approved progress schedule; or, (5) fail to provide a qualified superintendent, competent workmen, or materials or equipment meeting the requirements of the Construction Documents. If the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the CITY may then issue the Notice of Termination.

B. In the event the Contract is terminated in accordance with Paragraph 15. 2A, herein, the CITY may take possession of the WORK and may complete the WORK by whatever method or means the CITY may select. The cost of completing the WORK shall be deducted from the balance which would have been due the CONTRACTOR had the Contract not been terminated and the WORK completed in accordance with the Construction Documents. If such cost exceeds the balance, which would have been due, the CONTRACTOR shall pay the excess amount to the CITY. If such cost is less than the balance, which would have been due, the CONTRACTOR shall not have claim to the difference.
00700- 37
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15. 3 Termination of Contract by City (For Convenience) A. The CITY may terminate the Contract at any time if it is found that reasons beyond the control of either the CITY or CONTRACTOR make it impossible or against the CITY' S interests to complete the WORK. In such a case, the CONTRACTOR shall have no claims against the CITY except: ( 1) for the value of work performed up to the date the Contract is terminated; and, (2) for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date the Contract is terminated, which would be needed in the WORK and which meet the requirements of the Construction Documents.

The value of work performed and the cost of materials and equipment delivered to the site, as mentioned above, shall be determined by the CITY' S REPRESENTATIVE in accordance with the procedure prescribed for the making of the final application for payment and payment under Paragraphs 14. 8 and 14. 9.

15. 4 Termination of Contract by Contractor
A. The CONTRACTOR may terminate the Contract upon 10 days written notice to the CITY, whenever: ( 1) the WORK has been suspended under the provisions of Paragraph

15., herein, for more than 90 consecutive days through no fault or negligence of the CONTRACTOR, and notice to resume work or to terminate the Contract has not been received from the CITY within this time period; or, (2) the CITY should fail to pay the CONTRACTOR any monies due him in accordance with the terms of the Construction Documents and within 60 days after presentation to the CITY by the CONTRACTOR of a
request therefore, unless within said 10 -day period the CITY shall have remedied the condition upon which the payment delay was based. In the event of such termination, the CONTRACTOR shall have no claims against the CITY except for those claims specifically enumerated in Paragraph 15. 3, herein, and as determined in accordance with the requirements of said paragraph.

ARTICLE 16 -- MISCELLANEOUS

16. Giving Notice
A. Whenever any provision of the Construction Documents requires the giving of written notice, it will be deemed to have been validly given ifdelivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.

16. 2 Title to Materials Found On the Work
A. The CITY reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the WORK. Unless otherwise specified in the Construction Documents, neither the CONTRACTOR nor any subcontractor shall have any right, title, or interest in or to any 00700- 38
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such materials. The CONTRACTOR will be permitted to use in the WORK, without charge, any such materials, which meet the requirements of the Construction Documents.

16. 3 Right to Audit
A. If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR' Sbooks to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR' Splants, or such parts thereof, as may be or have been engaged in the performance of the WORK. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR' Snormal business hours at the office of the CONTRACTOR.

The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY.

END OF SECTION)
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SUPPLEMENTARY CONDITIONS
SC -1 GENERAL
These Supplementary Conditions make additions, deletions, or revisions to the General Conditions as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions.

SC -2 DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF CITY' S

REPRESENTATIVE
Ken Reed, Senior Construction Manager shall be the designated CITY' SREPRESENTATIVE for the Project. The CITY' S REPRESENTATIVE shall act as directed by and under the supervision of the CITY and will confer with the CITY regarding its actions. The CITY' S REPRESENTATIVE' Sdealings in matters pertaining to the on -site WORK shall, in general, be only with the ENGINEER, and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication by the CONTRACTOR with the CITY will be only through or as directed by the CITY' S REPRESENTATIVE.

SC -3 COORDINATION WITH OTHER CONTRACTORS
A. Coordination
Due to the nature of the work and its effects on other contracts and/ or contractors in this project, the Contractor shall coordinate all work with the Engineer, other Contractors and utility companies.

SC -4 HOURS OF WORK
N/ A
SC -5 CITY -FURNISHED MATERIALS
SC -6 PHYSICAL CONDITIONS — Subsurface and Existing Structures A. Explorations & Reports N/ A
B. Existing Structures N/ A
SC -7 PHYSICAL CONDITIONS — Underground Utilities
A. Shown or Indicated N/ A
B. Not Shown or Indicated N/ A
SC - 8 BONDS
N/ A
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SC -9 INSURANCE
N/ A
SC -10 SUBCONTRACTOR' SINSURANCE REQUIREMENTS
N/ A
SC -11 BUILDER' SRISK INSURANCE
N/ A
SC -12 PERMITS
N/ A
SC -13 COORDINATION OF PARTIES
N/ A
SC -14 EQUIPMENT
N/ A
SC -15 INCLEMENT WEATHER DELAYS
N/ A
SC -16 TESTS AND INSPECTION, OUTSIDE AGENCIES
N/ A
SC - 17 TESTS AND INSPECTION, CITY OF LATHROP
N/ A
SC -18 APPLICATION FOR PROGRESS PAYMENT
N/ A

END OF SECTION)

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Lathrop City CouncilJuly 14, 2025

Lathrop City Council
July 14, 2025