Milpitas City Council
December 12, 2023

City of Milpitas, CA
Tyler Technologies, Inc. Page | 55
2 Human
Resource
Management
●Payroll w/Employee Access
●HR & Talent Management
●Time and Attendance
●Employee Expense Reimbursement
July 2024 January
2026

11.2Data & Insights Project Plan
Data & Insights Project Plan
Week
1 2 3 4 5 6 7 8 9 10 11 12
Initiate and Plan
Assess and Define
Prepare Solution
Production Readiness
Production
Close

11.3Intentionally left blank.

PURCHASING DIVISION

RFP

FOR:

Enterprise Resource Services

RFP

NO:
23 -
078

DUE DATE:

July 13, 2023

BUYER:

R. Yamashita

Collaborative Solutions

Tyler Technologies

Avaap.com

Cayenta

Cogsdale

*
Oracle

1 2

3 4

5 6

Round 2 Scoring

68.8 81

61.2 59.4

52 X

Round 3 Scoring

65 82.25

x

x

x

X

* Disqualified
–

Minimum Criteria was
not met

**BID AWARD
NOTICE
**

City Council Date:

December 5, 2023

AWARD

TO:

Tyler Technologies

CODE KEY: INA = Information Not Available NS = Not Stated NB = No Bid DY = Days WK = Weeks HR = Hours

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Report on Bids and Adopt a Resolution Authorizing the City Manager to Award the Construction Contract to PCD in the Amount of $835,768.08 for the Council Chamber AV System Replacement Project (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 12/12/2023
Recommendation: (1) Receive report on bids and adopt a resolution authorizing the City Manager to award a construction contract to the lowest responsible and responsive bidder, PCD, in the amount of $835,768.08 for the Council Chamber AV System Replacement Project, including $752,559.08 for the Council Chamber AV replacement and $83,209.00 for the Committee Conference Room AV replacement; and (2) Authorize the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $79,231.92 for the Council Chamber AV System Replacement Project.

BACKGROUND:

The Council Chambers Audio Visual (AV) system is over 11 years old and past the end of its useful life.

Several technology components of the AV system have failed in the last two years and have been replaced by temporary solutions. Since the time the AV system was installed, not only have some of the technology components become obsolete, but the City has also transitioned to hosting hybrid meetings, which requires complex interfaces with the virtual meeting platform and streaming services. This has created system glitches on several occasions, resulting in interruptions to public meetings.

In addition to the AV system in the Council Chambers, the AV system in the Committee Conference room also requires replacement to modernize the technology and support the Sub-Committee and Commission meetings that are held in this room.

ANALYSIS:

On October 26, 2023, the City issued an Invitation for Bid (IFB) 24-030 for the Council Chambers AV Replacement Project. The IFB also included the Committee Conference Room AV Replacement as Add Alternate No.1 and one year of maintenance support for both the Council Chambers and the Committee Conference Room as Add Alternate No. 2. The IFB was publicly noticed in accordance with the City’s municipal code and advertised on the City’s website. Email notifications were sent to companies registered with the City via OpenGov Procurement, the City’s eProcurement system. A mandatory pre-bid conference was held at Milpitas City Hall on November 13, 2023, with five (5) contractors in attendance. Three (3) bids were received at the bid close on November 29, 2023, with the base bid ranging from $743,761.88 to $857,735.73.
# Contractor Base Bid Add Alt. No. 1 Add Alt. No. 2
1 Coda Technology Group $857,735.73 $96,214.87 $14,250.00 2 EIDIM Group, Inc.
(dba EIDIM AV Technology)
$854,847.60 $116,461.27 $32,185.71
3 PCD $743,761.88 $83,209.00 $8,797.20
After reviewing the required bid documents, PCD was the lowest responsible bidder submitting a responsive bid. The bid submitted was within the City’s estimate for these services. Bids for Add Alternates 1 and 2 were also submitted and deemed reasonable for the scope of work.

Staff is requesting authority to execute change order contingencies related to this project for the not-to-exceed amount of $79,231.92 (9.5% of base bid). This authority will allow for more effective administration and timely completion of the work outlined in this project caused by the unexpected discovery of other issues that may arise during the project.

The project bids are within the available project budget. Staff recommends the City Council award the contract for the Project to PCD for the base bid amount of $743,761.88 and two Add Alternates for a total contract amount of $835,768.08 and authorize the City Manager to execute contract change orders in an aggregate amount not-to-exceed $79,231.92.

POLICY ALTERNATIVE(S):

Alternative 1: Direct City staff to reject all bids and not proceed with the project.

Pros: The City would be able to use the $835,768.08 for other projects.

Cons: Rejecting all bids and deferring the replacement of the AV systems in the Council Chambers and the Committee Conference Room will result in continued system failures and interruptions to public meetings.

Reason for Not Recommending: Not proceeding with the project would result in continued system failures and interruptions to public meetings. It would also result in expensive temporary fixes, which would divert staff from other high-priority projects.

FISCAL IMPACT:

There are sufficient funds available in Capital Improvement Project No. 3498 – Council Chamber AV Replacement Project for the base scope and Add Alternate No. 2, and in Capital Improvement Project No. 3427 – Technology Projects for Add Alternate 1. As of December 5, 2023, the balance in CIP No. 3498 is $800,000 and CIP No. 3427 is $388,875. Funding source for CIP No. 3498 is General Fund Facilities Replacement Reserve and funding source for CIP 3427 is General Government CIP and Permit Automation Fund.

California Environmental Quality Act (CEQA):

The project entails replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15302.

RECOMMENDATION:
(1) Receive report on bids and adopt a resolution authorizing the City Manager to award a construction contract to the lowest responsible and responsive bidder, PCD, in the amount of $835,768.08, including $752,559.08 for the Council Chamber AV Replacement and $83,209.00 for the Committee Conference Room AV Replacement; and
(2) Authorize the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $79,231.92 for the Council Chamber AV System Replacement Project.

Attachment(s):
(a) Resolution
(b)Agreement
(c)Final Bid Tab

38077.00180\29080232.10 C2

CITY OF MILPITAS

MILPITAS, CALIFORNIA

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR

24-030 COUNCIL CHAMBER AV

SYSTEM REPLACEMENT

Recommended for Bidding: ______________________________________ Daniel Nam, Director of Information Technology

Approved for Bidding: _____________________________________ Matt Cano, Deputy City Manager/Interim City Engineer

Digitally signed by Daniel Nam
DN: C=US, OU=IT, O=City of Milpitas, CN
=Daniel Nam, [email protected]
Reason: I am approving this document
Location: Milpitas, CA
Date: 2023.10.26 09:50:28-07'00'
Foxit PDF Editor Version: 13.0.0
Daniel
Nam

38077.00180\29080232.10 C2

TABLE OF CONTENTS

Page

-i-
00 11 16 – NOTICE INVITING BIDS

00 11 16 – NOTICE INVITING BIDS ........................................................................................... 1

00 21 13 – INSTRUCTIONS TO BIDDERS ................................................................................. 4

00 41 43 – BID FORMS .......................................................................................................... ... 13

00 52 13 – CONTRACT ........................................................................................................... .. 39

00 61 13 – BOND FORMS ......................................................................................................... 44 00 72 13 – GENERAL CONDITIONS ........................................................................................ 56

00 73 13 – SPECIAL CONDITIONS ........................................................................................ 113

01 00 00 – GENERAL REQUIREMENTS ................................................................................ 116

EXHIBIT “A” CHANGE ORDER FORM ................................................................................... A-1 EXHIBIT "B" PHASE #1 AND PHASE #2 TIME SCHEDULE ……………………………………B-1

38077.00180\29080232.10 C2

-1-
00 11 16 – NOTICE INVITING BIDS

00 11 16 – NOTICE INVITING BIDS
NOTICE IS HEREBY GIVEN that the City Council of
the City of Milpitas (“City”) invites and will
receive sealed Bids up to
but not later than 2:00 p.m. on Wednesday, November 29, 2023 via
procurement.opengov.com
, the City’s eProcurement website, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for
Council Chamber AV System Replacement
(the “Project”). At said time, Bids
will be publicly opened and read aloud at the City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date.

Bids must be submitted on the City’s Bid Forms. Bidders may obtain a copy of the Contract Documents from
procurement.opengov.com
and no other method of obtaining documents may
be accepted. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room.

It is the responsibility of each prospective bi
dder to download and print all Bid Documents for
review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on
procurement.opengov.com
. It is the responsibility of each prospective bidder
to check
procurement.opengov.com
on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on
procurement.opengov.com
may change without notice to prospective
bidders. The Contract Documents shall supers
ede any information posted or transmitted by
procurement.opengov.com
.

Each Bid shall be accompanied by a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Milpitas as bid security. The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City.

A

MANDATORY
Pre-Bid Conference is scheduled for
Monday November 13, 2023 at 2:00
p..m.
to review the Project's existing conditions at Milpitas City Hall Council Chambers, 455 E.

Calaveras Blvd, Milpitas, CA 95035. Representatives of the City and consulting engineers, if any, will be present. Bidders need only to attend one Pre-Bid Conference. Questions asked by Bidders at the Pre-Bid Conference not specifically addressed within the Contract Documents shall be answered in writing, and issued as an Addendum. Bids will not be accepted from any bidder who did not attend one of the mandatory Pre-Bid Conferences.

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

38077.00180\29080232.10 C2

-2-
00 11 16 – NOTICE INVITING BIDS

Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract.

Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Santa Clara County from the Director of the Department of Industria
l Relations for each craft, classification, or type
of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/
In addition, a copy of the prevailing rate of per diem wages is available at the City’s Finance Department and shall be made available to interested parties upon request. The successful bidder shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Bidder to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monito
ring and enforcement by the Department of
Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: C7 and/or C10.

Substitution requests shall be made within 35 calendar days after the award of the contract.

Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions.

Pursuant to Public Contract Code section 7201, the City has made a determination that the project described herein is substantially complex, and therefore a retention of 5% will be withheld from payment until after the work is complete.

38077.00180\29080232.10 C2

-3-
00 11 16 – NOTICE INVITING BIDS

City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the BASE BID PLUS
SPECIFIED ALTERNATES. City reserves the
right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact Rosanne Yamashita, Buyer, at City of Milpitas City Hall, 455 E.

Calaveras Bouelvard, Milpitas, CA 95035 or (408) 586-3162.

END OF NOTICE INVITING BIDS

38077.00180\29080232.10 C2

-4-
00 21 13 – INSTRUCTIONS TO BIDDERS

00 21 13 – INSTRUCTIONS TO BIDDERS

1. SECURING DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the City as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids.

The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City via Prints Charles Reprographics to obtain the required Contract Documents if they decide to submit a bid for the Project.

Addenda, if any, issued during the bid period will be posted on procurement.opengov.com
.

Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract.

2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract.

The failure or omission of any Bidder to rece
ive or examine any contract documents, forms,
instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law.

The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each Bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

38077.00180\29080232.10 C2

-5-
00 21 13 – INSTRUCTIONS TO BIDDERS

3. INTERPRETATION OF DRAWINGS AND DOCUMENTS
Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly i
ssued and a copy of such addenda will be mailed
or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is th
e obligation of the Prospective Bidder to promptly
bring it to the attention of the City.

4. INSPECTION OF SITE; PRE-BID CONFERENCE
Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Pre-Bid Meeting and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the Bid opening date.

Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address,
and facsimile number to which Addenda may be
sent, as well as a telephone number by which
the City can contact the Bidder. Any Addenda will
be posted on
procurement.opengov.com
. Please Note: Bidders are responsible for ensuring
that they have received any and all Addenda. To this end, each Bidder should contact Rosanne Yamashita, Buyer, at City of Milpitas City Hall, 455 E. Calaveras Bouelvard, Milpitas, CA 95035 or (408) 586-3162 to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder.

38077.00180\29080232.10 C2

-6-
00 21 13 – INSTRUCTIONS TO BIDDERS

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bi
ds shall be executed by an authorized signatory as
described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications,
revisions, conditions, limitations, exclusions
or provisions attached to a Bid may render it non-responsive and may cause its rejection.

Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

9. SUBCONTRACTORS
Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104.

The successful bidder will be required to self-perform at least 80% of the work.

10. LICENSING REQUIREMENTS
Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted.

Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5.

38077.00180\29080232.10 C2

-7-
00 21 13 – INSTRUCTIONS TO BIDDERS

11. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Milpitas; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Milpitas as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City
.

City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract.

12. IRAN CONTRACTING ACT OF 2010
In accordance with Public Contract Code Section 2200
et seq
., the City requires that any person
that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury.

13. NONCOLLUSION DECLARATION
Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury.

14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit th
is form may render the bid non-responsive. In
addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form.

38077.00180\29080232.10 C2

-8-
00 21 13 – INSTRUCTIONS TO BIDDERS

15. WAGE THEFT CERTIFICATION
Bidders on public works contracts are required to
submit a certification disclosing whether the
Bidder or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline.

16. BIDDER INFORMATION AND EXPERIENCE FORM
Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract.

17. WORKERS' COMPENSATION CERTIFICATION
In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract:

I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liabi
lity for workers’ compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The form of such Workers' Compensation Certificate is included as part of this document.

18. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to
execute the Bid on behalf of Bidder. Only
that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

19. SUBMISSION OF SEALED BIDS
Once the bid and supporting documents have been completed and signed as set forth herein, they shall be electronically uploaded, along with the bid guarantee and other required materials,

38077.00180\29080232.10 C2

-9-
00 21 13 – INSTRUCTIONS TO BIDDERS

to
procurement.opengov.com
before the time and day set for the receipt of bids. No oral, paper, or telephonic bids will be considered. No forms transmitted via e-mail, facsimile, or any other non-approved electronic means will be considered unles
s specifically authorized by the city as
provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened.

Only where expressly permitted in the notice inviting bids may bidders submit their bids via electronic transmission pursuant to public contract code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the notice inviting bids. City may reject any bid not strictly complying with city’s designated methods for delivery.

20. OPENING OF BIDS
At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day se
t for the receipt of bids will be publicly opened
and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated.

The public reading of each bid will include the following information:

A. The name and business location of the bidder.

B. The nature and amount of the bid security furnished by bidder.

C. The bid amount.

Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.

21. WITHDRAWAL OF BID
Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein.

Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et
seq
., or as otherwise may be allowed with the consent of the City.

22. BIDDERS INTERESTED IN MORE THAN ONE BID
No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quot
ing prices to other bidders. No person, firm,

38077.00180\29080232.10 C2

-10-
00 21 13 – INSTRUCTIONS TO BIDDERS

corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project.

23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

24. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

26. INSURANCE REQUIREMENTS
Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions.

27. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS
The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award.

38077.00180\29080232.10 C2

-11-
00 21 13 – INSTRUCTIONS TO BIDDERS

28. SALES AND OTHER APPLICABLE

TAXES, PERMITS, LICENSES AND FEES
Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents.

29. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City of Milpitas City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Specify in detail the grounds for protest and the facts supporting the protest; and D. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, the City may reject the protest without further review.

If the protest is timely and complies with the above requirements, the City Engineer, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City Engineer will provide a written decision to the protestor.

The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

30. BASIS OF AWARD; BALANCED BID
The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid.

The lowest Bid will be determined on the basis of the Total Base Bid alone unless otherwise set forth in the Notice Inviting Bids.

The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

31. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have fourteen (14) calendar days from the date of this notification to

38077.00180\29080232.10 C2

-12-
00 21 13 – INSTRUCTIONS TO BIDDERS

execute the Contract and supply the City with all of the required documents and certifications.

Regardless of whether the Bidder supplies the r
equired documents and certifications in a timely
manner, the Contract time will begin to run twenty-one (21) calendar days from the date of the Notice of Award. Once the City receives all of the properly drafted and executed documents, certifications from the Bidder, and any other documents as maybe specified in the Contract Documents, the City shall issue a Notice to Proceed to that Bidder.

32. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached.

Manufacturer Part# Description Quantity Unit Price Ext. Price ***COUNCIL CHAMBERS - PHASE 1***
***Discussion System***
***Dais/Staff***
***Televic Quote # TCS-23288***
Televic Plixus MME + Dante Central Control Unit - Dante On Board 1.00 9,697.79 9,697.79 Televic Dante Audio Networking Card Central Control Unit, Dante Card (SEE ABOVE) 1.00 Programming/Tech 1.00 172.03 172.03
Televic Plixus NEXT Central Control Unit, Network Splitter 3.00 1,693.16 5,079.48 Programming/Tech 3.00 172.03 516.08
Televic Plixus PS Central Control Unit, Power Supply 1.00 2,698.04 2,698.04 Programming/Tech 1.00 172.03 172.03
Televic uniCOS T/MM10 Mic/Speaker/10" screen unit 2.00 3,888.76 7,777.51 Programming/Tech 2.00 172.03 344.06
Televic Confidea FLEX Mic/Speaker button unit 11.00 936.05 10,296.59 Programming/Tech 11.00 172.03 1,892.31
Televic Confidea D-MIC 50SL Gooseneck Mic, 50cm length 12.00 188.59 2,263.05 Programming/Tech 12.00 172.03 2,064.33
Televic A/R Discussion System - On-Site Certification & Training 1.00 4,817.93 4,817.93 Programming/Tech 8.00 172.03 1,376.22
***Software/License***
Televic CoCon Nameplate Discussion System - Nameplate Software 1.00 2,998.80 2,998.80 Televic CoCon Signage Discussion System - Signage Sofware 1.00 1,915.20 1,915.20 Televic CoCon Discussion Discussion System - Conference Sofware 1.00 4,095.00 4,095.00 Programming/Tech 8.00 172.03 1,376.22
NETWORK/CATEGORY CABLE 1,000.00 0.99 993.19
AV Install Labor 10.00 153.85 1,538.46
***COUNCIL CHAMBERS - PHASE 2***
***Audio System - Reinforcement***
***DSP***
QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels wi 1.00 2,540.98 2,540.98 Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
QSC I/O USB Bridge Q-SYS PoE bridging endpoint for AV-to-USB Bridging. Delivers driverless usb 1.00 1,808.17 1,808.17 Install Labor 1.00 153.85 153.85
QSC SLDAN-32-P Q-SYS Software-based Dante 32x32 Channel License, Perpetual. 1.00 797.85 797.85 Programming/Tech 1.00 172.03 172.03
***Wireless Mics***
Shure ULXD4Q=-G50 Quad Digital Wireless Receiver with internal power supply, 1/2 Wave Antenna 1.00 6,528.77 6,528.77 Install Labor 1.00 153.85 153.85
Shure ULXD2/SM58=-G50 Handheld Transmitter with SM58® Microphone 2.00 615.73 1,231.46 Shure ULXD1=-G50 Digital Wireless Bodypack Transmitter with Miniature 4-Pin Connector 2.00 573.82 1,147.64 B3 Countryman Mic 2.00 325.22 650.43
Shure SB900B RECHARGEABLE BATTERY 8.00 115.63 925.04
Shure SBC220-US 2 Bay Networked Docking Station 2.00 417.72 835.43 Install Labor 1.00 153.85 153.85
Shure UA864US Wall-Mounted Wideband Antenna 2.00 489.99 979.97 Install Labor 4.00 153.85 615.38
***Reinforcement Systems - Chambers***
QSC AD-S162T-BK 2.75" Full-range (x16) element column surface speaker, 70/100V transformer 2.00 1,001.65 2,003.30 Install Labor 6.00 153.85 923.08
QSC CX-Q 2K4 4-Channel 500W/CH Q-SYS Network Amplifier, Lo-Z, 70V, 100V direct drive, Fl 1.00 2,566.99 2,566.99 Install Labor 1.50 153.85 230.77
***Digital Nameplates***
***Televic Quote # TCS-23288***
Televic Plixus NP-1 Single-Side Digital Nameplate 11.00 1,271.93 13,991.25 Programming/Tech 11.00 172.03 1,892.31
***Public Speaker's Lectern***
***Televic Quote # TCS-23288***
Televic Confidea F-DM Mic unit, flush-mount 4.00 578.15 2,312.60 Televic Confidea D-MIC 70SL Gooseneck Mic, 70cm length (extra long) 4.00 206.48 825.93 Programming/Tech 4.00 172.03 688.11
***Utility***
3' Audio Patch Cord 10.00 108.40 1,084.04
TBD Custom Audio Patchbay 2.00 1,445.38 2,890.76
In Shop Assembly 16.00 153.85 2,461.54
RDL STD-600 Passive Audio Divider/Combiner - 600 Ohm 4.00 81.87 327.47 Install Labor 4.00 153.85 615.38
RDL TX-AT1 Audio Isolation Transformer - 600 Ohm 1:1 4.00 130.23 520.92 Install Labor 4.00 153.85 615.38
3' Data Patch Cord 20.00 108.40 2,168.07
TBD Custom Data Patchbay 3.00 722.69 2,168.07
In Shop Assembly 24.00 153.85 3,692.30
***Assistive Listening***
Milpitas City Council Chambers AV Replacement PCD Itemized Pricing

Listen Tech LW-150P-02-01-D Listen Tech Listen EVERYWHERE 2 Channel Wi-Fi Audio Server (Dante) 1.00 1,308.06 1,308.06 Listen Tech LA-326 Universal Rack Mounting Kit 1.00 75.17 75.17 Install Labor 1.00 153.85 153.85
Listen Tech LWR-1020-A1 Listen tech Listen EVERYWHERE WiFi Audio Receiver 1020 12.00 375.80 4,509.58 Listen Tech LA-481-01 Docking Station Case 16 1.00 698.34 698.34 LA-438 Listen Tech Advanced Neck Loop (Adult) 4.00 86.72 346.89 Listen Tech LA-165 Stereo Headphones 12.00 22.72 272.69 Install Labor 3.00 153.85 461.54
***VIDEO SYSTEMS - PRESENTATION***
***Switching & Transport***
Crestron DM-NVX-360C DM NVX® 4K60 4:4:4 HDR Network AV Encoder/Decoder Card 6.00 1,430.92 8,585.54 Crestron DM-NVX-D30C DM NVX™ 4K60 4:4:4 HDR Network AV Decoder Card 7.00 1,033.44 7,234.11 Crestron DM-NVX-E30C DM NVX™ 4K60 4:4:4 HDR Network AV Encoder Card 3.00 1,033.44 3,100.33 Crestron DMF-CI-8 DigitalMedia™ Card Chassis for DM-NVX-C & DMCF, 8 Slots 3.00 1,589.92 4,769.75 Install Labor 3.00 153.85 461.54
Programming/Tech 24.00 172.03 4,128.67
Crestron DM-NVX-DIR-80 DM NVX Director™ Virtual Switching Appliance for 80 Endpoints 1.00 4,571.73 4,571.73 Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
***Sources***
Crestron AM-3200 AirMedia® Series 3 Receiver 200 1.00 1,748.91 1,748.91 Install Labor 1.00 153.85 153.85
Programming/Tech 1.00 172.03 172.03
***Rack Monitor***
Marshall V-702W-12G Marshall Dual 7-Inch 3RU Rackmount 12G Monitor with Waveform / HDMI and 12G 1.00 2,457.14 2,457.14 Install Labor 1.00 153.85 153.85
***LED Display***ATS PRO QUOTE 4266***
ATS PRO CUSTOM ATS PRO 9'x16' LED WALL Package W/Spares, Monting, Processor 1.00 80,248.75 80,248.75 ATS PRO ATS PRO Freight 1.00 2,657.34 2,657.34
ATS PRO ATS PRO Onsite Commissioning 1.00 5,594.40 5,594.40 Finish 80.00 153.85 12,307.68
Programming/Tech 16.00 172.03 2,752.44
***Flat Panel Display - Chambers***
Panasonic TH-86CQE2U Panasonic 86-inch UHD 400cd/m2 LED LCD w/Tuner 2.00 5,203.36 10,406.72 CHIEF PDRUB LARGE DUAL ARM W/ UNIVERSAL 2.00 921.08 1,842.16 Install Labor 16.00 153.85 2,461.54
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 2.00 1,033.45 2,066.90 Install Labor 2.00 153.85 307.69
***Dais***
Elo E511214 Elo Touch 2270L 22" Full HD Touchscreen Commercial Monitor (Black) 9.00 6,374.12 CHIEF K1D220BXRH K1D220 REDUCED HEIGHT BLK 9.00 428.41 3,855.69 Install Labor 13.50 153.85 2,076.92
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 1.00 1,033.45 1,033.45 Install Labor 1.00 153.85 153.85
Crestron HD-DA8-4KZ-E 1:8 HDMI® Distribution Amplifier w/4K60 4:4:4 & HDR Support 2.00 794.96 1,589.92 Install Labor 2.00 153.85 307.69
Extron 60-1603-01 SW2 HD 4K PLUS 9.00 462.52 4,162.69
Extron 70-212-01 MBU 123 9.00 44.81 403.26
Install Labor 9.00 153.85 1,384.61
***Dais - Input Panel***
Crestron HD-TX-4KZ-101-1G-W DM Lite® 4K60 4:4:4 Transmitter for HDMI® Signal Extension over CATx Cable, 1.00 325.21 325.21 Install Labor 1.00 153.85 153.85
Crestron HD-TX-4KZ-111-1G-B DM Lite® 4K60 4:4:4 Transmitter for USB-C® DisplayPort™ Signal Extension ov 1.00 375.80 375.80 Install Labor 1.00 153.85 153.85
Crestron DM-NVX-E760C DM NVX® 4K60 4:4:4 HDR Network AV Encoder Card with DM® Input 2.00 1,510.43 3,020.85 Install Labor 2.00 153.85 307.69
***Clerk***
CHIEF K1D220BXRH K1D220 REDUCED HEIGHT BLK 1.00 428.41 428.41 Install Labor 1.50 153.85 230.77
Crestron DM-NVX-351 DM NVX® 4K60 4:4:4 HDR Network AV Encoder/Decoder with Downmixing 1.00 1,828.40 1,828.40 Install Labor 1.00 153.85 153.85
***Presenter's Podium***
TBD HDMI+USB Custom Panels 1.00 216.81 216.81
Interion Labor/Trim 1.00 153.85 153.85
Crestron HD-PS401 4x1 4K60 4:4:4 HDR Presentation System 1.00 2,543.86 2,543.86 Install Labor 1.00 153.85 153.85
Crestron DM-NVX-E760C DM NVX® 4K60 4:4:4 HDR Network AV Encoder Card with DM® Input 1.00 1,510.42 1,510.42 Install Labor 1.00 153.85 153.85
TBD TBD 22" Display 1.00 322.29 322.29
Install Labor 1.00 153.85 153.85
FSR OWB-X3-SM-GNG Outdoor Wall Box - Surface Mount - 2 x 3Gang and 2 2/4 Gang Openings 1.00 1,965.36 1,965.36 Install Labor 1.00 153.85 153.85
***BROADCAST SYSTEMS***
***Video Switcher - Frame***
***NewTek Quote#******
Newtek TC1 Pro Video Switcher 1.00 19,822.32 19,822.32
Newtek Flex Video Switcher Control Surface, IP 1.00 11,769.51 11,769.51 Newtek RR2RU3RU Video Switcher- Rack Rails 1.00 324.87 324.87 Install Labor 1.00 153.85 153.85
Programming/Tech 40.00 172.03 6,881.11

***Video Switcher - Monitoring***
BMD BMD-HDL-SMTV4K12G2 SmartView 4K 2 2.00 1,382.06 2,764.11 Install Labor 2.00 153.85 307.69
TBD TBD 42" Display 1.00 757.11 757.11
Install Labor 1.00 153.85 153.85
Extron 26-650-175 HDMI Pro/175 - 175' (53.2 m) 1.00 791.52 791.52 Install Labor 4.00 153.85 615.38
***Video Switcher - Traning & Set Up***
JB&A JBA-NTK-TRN-ONL-INTRO Production Video Switcher- Remote User Training 3.5 Hour Training 2.00 3,150.00 6,300.00 JB&A JBA-NTK-RMT-COMTC Production Video Switcher- Remote Setup 1.00 3,150.00 3,150.00 ***Video Switcher- Warranty/Subscriptions***
Newtek NPSubA Video Switcher- Premium Access (includes live panel) 1.00 2,318.40 2,318.40 Newtek Live Panel Video Switcher- Live Panel (SEE ABOVE) 1.00 Newtek PTUTC1 Switcher - 1 year warranty professional 5.00 1,910.16 9,550.80 Newtek PTUFCP Control Surface - 1 year warranty professional 5.00 1,154.16 5,770.80 Programming/Tech 8.00 154.98 1,239.84
***Routing***
BMD BMD-VHUBSMARTE12G4040 Smart Videohub 12G 40x40 1.00 5,500.69 5,500.69 Install Labor 1.00 153.85 153.85
Programming/Tech 4.00 172.03 688.11
BMD BMD-VHUB/WSC/PRO Videohub Smart Control Pro 1.00 765.36 765.36 Install Labor 1.00 153.85 153.85
***Signal Processing***
Aja GEN10 AJA GEN10 SD/HD/AES Sync Generator 1.00 529.97 529.97 Install Labor 1.00 153.85 153.85
Aja C10da AJA C10DA Analog Video/Tri-Level Sync 1x6 Distribution Amplifier 2.00 275.31 550.62 Install Labor 2.00 153.85 307.69
Decimator 12G-CROSS Decimator Design HDMI/SDI 4K Ultra HD Cross Converter with Scaling and Fram 2.00 633.22 1,266.43 Install Labor 2.00 153.85 307.69
Newtek Spark 4k Newtek NDI to/from HDMI 2.00 1,101.24 2,202.48 Install Labor 2.00 153.85 307.69
***Audio***
Harman C2PS Control 2P Stereo Set. Includes one C2PM powered master, one Passive Extens 2.00 280.41 560.81 Install Labor 1.00 153.85 153.85
***Camera - Chambers***
Panasonic AW-UE100 PTZ Camera, NDI + 12G SDI output, Black 6.00 8,895.14 53,370.81 Panasonic FEC-100WM PTZ Camera Mount, Black 6.00 277.17 1,663.01 Install Labor 15.00 153.85 2,307.69
Mardhall CV-370 HD Color Camera, Fixed, NDI 1.00 1,101.24 1,101.24 TBD A/R HD Color Camera Lens 1.00 206.49 206.49
TBD A/R Camera Mount 1.00 48.18 48.18
Install Labor 2.50 153.85 384.62
Black Magic Micro Converter HDMI to SDI 12G 4k HDMI to SDI 12G 1.00 220.25 220.25 Install Labor 1.00 153.85 153.85
***Streamer/Recorder***
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 1.00 1,033.45 1,033.45 Install Labor 1.00 153.85 153.85
Decimator Decimator 2 SDI to CV scaler w/ CC support 1.00 447.38 447.38 Install Labor 1.00 153.85 153.85
TBD A/R 256GB SD Card 2.00 48.18 96.36
Aja Helo Plus Stream/Record unit - SD 1.00 2,243.78 2,243.78 Install Labor 1.00 153.85 153.85
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 1.00 1,033.45 1,033.45 Install Labor 1.00 153.85 153.85
***Zoom/Teams Integration***
TBD A/R HDMI to/from USB 2.00 68.83 137.66
TBD A/R SDI to/from USB 2.00 68.83 137.66
Install Labor 2.00 153.85 307.69
Decimator 12G-CROSS 12GSDI to/from HDMI 2.00 633.22 1,266.43 Install Labor 2.00 153.85 307.69
NDI NDI Tools NDI Software 2.00 126.00 252.00
Audinate DVS DVS Software 2.00 126.00 252.00
Programming/Tech 4.00 172.03 688.11
***Broadcast Desk***
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 1.00 1,033.45 1,033.45 Install Labor 1.00 153.85 153.85
TBD HDMI * USB * Audio Custom Panels 1.00 344.14 344.14 Interion Labor/Trim 1.00 153.85 153.85
Crestron DM-NVX-351 DM NVX® 4K60 4:4:4 HDR Network AV Encoder/Decoder with Downmixing 1.00 1,828.40 1,828.40 Install Labor 1.00 153.85 153.85
***Utility***
TBD 3' Video Patch Cord 10.00 103.24 1,032.42
TBD Looping plug 4.00 61.95 247.78
TBD Custom Custom Video Patchbay 2.00 2,597.55 5,195.10 In Shop Assembly 16.00 153.85 2,461.54
TBD 3' Patch Cord 8.00 103.24 825.93
TBD Custom AVP Bulkhead Patchaby 2.00 344.14 688.28
In Shop Assembly 16.00 153.85 2,461.54
***CONTROL SYSTEM***
Programming/Tech - ALLOWANCE PER SPECS 50.00 172.03 8,601.39 Crestron CP4N 4-Series™ Control System 1.00 2,225.88 2,225.88

Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
Crestron TS-1070-B-S 10.1 in. Tabletop Touch Screen, Black Smooth 2.00 2,623.37 5,246.73 Install Labor 4.00 153.85 615.38
Programming/Tech 16.00 172.03 2,752.44
Crestron C2N-CBD-E-B-S Cameo® Express Keypad, Standard Mount, Black Smooth 9.00 222.59 2,003.30 Extron 70-1097-01 SMB 111 One-gang, Black 9.00 158.99 1,430.93 Install Labor 9.00 153.85 1,384.61
Crestron CEN-IO-RY-104 Wired Ethernet Module with 4 Relay Ports 1.00 294.86 294.86 Install Labor 1.00 153.85 153.85
***iPad Controls***
iPort TBD iPort iPad Cas for OFE Device 1.00 481.80 481.80 ***Speaker Timer***
DSAN PSL-20v DSAN Public Speakeing Timer 4.00 302.84 1,211.36 Install Labor 4.00 153.85 615.38
DSAN ASL4-ND3 DSAN Public Speaeking Timer 1.00 1,135.65 1,135.65 Install Labor 1.00 153.85 153.85
Tripplite DWF1327M Tripplite Wall Bracket 2.00 34.42 68.83 Install Labor 2.00 153.85 307.69
***Speaker Timer - Video Clock***
DSAN VC-2000LT DSAN Timer Video/Clock Interface 1.00 392.31 392.31 Install Labor 1.00 153.85 153.85
MAP TBD MAP Rack Shlf for PC 1.00 206.49 206.49
In Shop Assembly 1.00 153.85 153.85
***Utility Plates & Panels***
Middle Atlantic PD-915R 9OUT,15A,RCKMNT POWER CEN 2.00 143.10 286.19 In Shop Assembly 2.00 153.85 307.69
Middle Atlantic PD-DC- DC PWR DIST,125W RKMNT 2.00 505.88 1,011.76 In Shop Assembly 2.00 153.85 307.69
Middle Atlantic UPX-RLNK-1000R-2 UPS, 1000VA, Fanless, LAN 2.00 1,626.06 3,252.11 In Shop Assembly 4.00 153.85 615.38
Middle Atlantic UPX-RLNK-2000R-2 UPS, 2000VA, Fanless, LAN 1.00 2,016.30 2,016.30 In Shop Assembly 2.00 153.85 307.69
***Furtniture***
Laguna Custom Laguna Design 1.00 13,110.00 13,110.00
In Shop Assembly 24.00 153.85 3,692.30
***Power Conditioner - Hardwired in Electrical Scope*** SurgeX PF-420 SurgeX 4-Circuit Power Conditiotner 1.00 4,625.21 4,625.21 ***LOBBY/PRE-FUNCTION/SIGNAGE (PHASE 2)***
***audio System***
***Reinforcement and Playback***
Shure ULXD4D=-G50 Dual Digital Wireless Receiver with internal power supply, 1/2 Wave Antenna 1.00 3,263.67 3,263.67 Install Labor 1.00 153.85 153.85
Shure ULXD2/B87A=-G50 Handheld Transmitter with BETA 87A Microphone 1.00 820.97 820.97 Install Labor 1.00 153.85 153.85
Shure ULXD1=-G50 Digital Wireless Bodypack Transmitter with Miniature 4-Pin Connector 1.00 573.81 573.81 B3 Countryman Mic 2.00 325.22 650.43
Shure SB900B RECHARGEABLE BATTERY 4.00 115.63 462.52
Shure SBC220-US 2 Bay Networked Docking Station 1.00 417.71 417.71 Install Labor 0.50 153.84 76.92
QSC CX-Q 4K8 8-Channel 500W/CH Q-SYS Network Amplifier, Lo-Z, 70V, 100V direct drive, Fl 1.00 5,047.26 5,047.26 Install Labor 2.00 153.85 307.69
***Video System***
***Display - Lobby/Prefunction***
Panasonic TH-55CQE1W 55" LCD Flat Panel Display (Lobby) 1.00 1,031.32 1,031.32 Install Labor 2.00 153.85 307.69
Panasonic TH-65CQE1WA 65" LCD Flat Panel Display (Pre-Function) 1.00 1,327.83 1,327.83 Install Labor 2.00 153.85 307.69
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 2.00 1,033.45 2,066.90 Install Labor 2.00 153.85 307.69
***Control System***
Crestron TSW-570-B-S 5 in. Wall Mount Touch Screen, Black Smooth 1.00 1,188.11 1,188.11 Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
***FFE/LOOSE EQUIPMENT (PHASE 2)***
***Accessories***
PSC FPSC0015 PSC Press Train - Passive Audio Distribution Box 1.00 780.05 780.05 Audio Adpter Kit APPKIT PRO audio adapter kit, remote audio 1.00 314.64 314.64 Video Adapter Kit VDAP-1 VIDEO ADAPTER KIT, COMPREHENSIVE, 1.00 83.86 83.86 Liberty DL-ARDA Universal HDMI Adapter Ring 2.0 with 5 Cable Adapters 4.00 334.31 1,337.22 Neutrik NA3MM-B NEUTRIK, XLR-M/M Barrel Adapter 10.00 19.57 195.73 Neutrik NA3FF-B NEUTRIK,XLR-F/F Barrel Adapter 10.00 21.84 218.41 Musson TBD MUSSON THEATRICAL, COTTON TIE LIN 600' ROLL, 1/8'' 1.00 45.89 45.89 Sony MDR-7506 SONY, HEADPHONES 2.00 131.09 262.18
***CABLES-AV***
Whirlwind MK410 Cable - Microphone, MK4, XLRF to XLRM, 10', Accusonic+2 4.00 37.10 148.40 Whirlwind MK425 Cable - Microphone, MK4, XLRF to XLRM, 25', Accusonic+2 10.00 45.03 450.32 Whirlwind MK450 Cable - Microphone, MK4, XLRF to XLRM, 50', Accusonic+2 4.00 69.99 279.97

Whirlwind MK4100 Cable - Microphone, MK4, XLRF to XLRM, 100', Accusonic+2 2.00 115.66 231.31 Whirlwind BNCRG6HD-010 Cable - BNC, RG6 HD/SDI, 75 Ohm, Belden 1694A, 10' 4.00 43.41 173.63 Whirlwind BNCRG6HD-025 Cable - BNC, RG6 HD/SDI, 75 Ohm, Belden 1694A, 25' 4.00 65.93 263.72 Whirlwind BNCRG6HD-050 Cable - BNC, RG6 HD/SDI, 75 Ohm, Belden 1694A, 50' 4.00 102.84 411.34 Extron 26-650-25 HDMI Pro/25 - 25' (7.6 m) 4.00 157.32 629.28 Bittree LPCXM3600-110 Bittree 1/4 Inch Long-Frame to Male XLR Patchcord - 36 Inch - Black 4.00 74.73 298.91 Bittree LPCXF3600-110 Bittree Female XLR to 1/4 Inch 110 Ohm Audio Adaptor Cable - Black 4.00 74.73 298.91 Bittree VPBM3600-75 Bittree VPBM3600-75 Mini-WECO to BNC Patchcord - 3G SDI - 36 Inch 4.00 41.95 167.81 Lex PE7000-25-515 LEX NEMA L5-20 to NEMA L5-20 25' 4.00 117.99 471.96 Lex PE7000-50-515 LEX NEMA L5-20 to NEMA L5-20 50' 4.00 209.76 839.04 Whirlwind MST2XM06US Cable - Adapter, 1/8" TRS male to (2) XLRM, 6', Canare MR202-2AT 2.00 43.17 86.34 Whirlwind MST06US Cable - 3.5mm TRS, male to male, 6' 2.00 13.32 26.64 NETWORK/CATEGORY CABLE 3,000.00 0.94 2,818.49
AV Install Labor 39.00 153.85 5,999.99
AUDIO LINE LEVEL CABLE 1,000.00 0.90 903.36
AV Install Labor 13.00 153.85 2,000.00
VIDEO CABLE 2,000.00 1.08 2,168.07
AV Install Labor 26.00 153.85 4,000.00
ANTENNA CABLE 1,000.00 1.95 1,951.27
AV Install Labor 13.00 153.85 2,000.00
CONTROL CABLE 1,000.00 0.72 722.69
AV Install Labor 13.00 153.85 2,000.00
Custom Panels 1.00 3,441.38 3,441.38
Interion Labor/Trim 24.00 153.85 3,692.30
Misc. Connectors & Accessories 1.00 2,175.47 2,175.47
Estimated Freight 1.00 9,956.38 9,956.38
Owner Training - CHECK SPEC REQUIREMENTS 48.00 172.03 8,257.33 Equipment Rental 1.00 1,575.00 1,575.00
Structural Engineering & Misc. 1.00 5,250.00 5,250.00
***DEMO*** 1.00 6,153.84 6,153.84
***RE-BUILD WALL SCOPE*** 1.00 12,600.00 12,600.00
***ELECTRICAL SCOPE*** 1.00 5,750.00 5,750.00
***PERMITS*** 1.00 1,150.00 1,150.00
Estimated Travel Cost 1.00 24,227.50 24,227.50
SHOP Drawings/Submittals 1.00 33,303.13 33,303.13
Bonds 1.00 14,396.40 14,396.40
743,761.88
2 ADD/ALT - AV#1: COMMITTEE ROOM 168
***Audio System***
QSC CORE 8 FLEX Unified Core with 8 local audio I/O channels, 64x64 network I/O channels wi 1.00 2,540.98 2,540.98 Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
QSC SLDAN-32-P Q-SYS Software-based Dante 32x32 Channel License, Perpetual. 1.00 797.85 797.85 Programming/Tech 1.00 172.03 172.03
***Wireless Mics***
Shure ULXD4D=-G50 Dual Digital Wireless Receiver with internal power supply, 1/2 Wave Antenna 1.00 3,263.67 3,263.67 Install Labor 1.00 153.85 153.85
Shure ULXD2/B87A=-G50 Handheld Transmitter with BETA 87A Microphone 1.00 820.97 820.97 Install Labor 1.00 153.85 153.85
Shure ULXD1=-G50 Digital Wireless Bodypack Transmitter with Miniature 4-Pin Connector 1.00 573.81 573.81 B3 Countryman Mic 2.00 325.22 650.43
Shure SB900B RECHARGEABLE BATTERY 4.00 115.63 462.52
Shure SBC220-US 2 Bay Networked Docking Station 1.00 417.71 417.71 Install Labor 0.50 153.84 76.92
***Loudspeaker System***
QSC SPA2-60 1/2 RU 2 Channel ENERGY STAR amplifier / Stereo operation 60 watts into 8Ω 1.00 611.40 611.40 Install Labor 1.00 153.85 153.85
***ALS***
Listen Tech LW-150P-02-01-D Listen Tech Listen EVERYWHERE 2 Channel Wi-Fi Audio Server (Dante) 1.00 1,308.06 1,308.06 Listen Tech LA-326 Universal Rack Mounting Kit 1.00 75.17 75.17 Install Labor 1.00 153.85 153.85
***Video System***
***Switching & Transport***
Crestron HD-PS621 8x1 4K60 4:4:4 HDR Presentation System 1.00 3,497.81 3,497.81 Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
Crestron HD-TX-4KZ-101-1G-B DM Lite® 4K60 4:4:4 Transmitter for HDMI® Signal Extension over CATx Cable, 2.00 325.22 650.43 Install Labor 2.00 153.85 307.69
Crestron HD-RXC-4KZ-101 DM Lite® 4K60 4:4:4 Receiver for HDMI®, RS-232, and IR Signal Extension ove 1.00 339.67 339.67 Install Labor 1.00 153.85 153.85
Crestron DM-NVX-D30 DM NVX™ 4K60 4:4:4 HDR Network AV Decoder 1.00 1,033.45 1,033.45 Install Labor 1.00 153.85 153.85

***Sources***
Crestron AM-3200 AirMedia® Series 3 Receiver 200 1.00 1,748.91 1,748.91 Install Labor 1.00 153.85 153.85
Programming/Tech 1.00 172.03 172.03
***Projection Display***
Panasonic PT-RZ690WU7 Pansonic WUXGA 1920 X 1200 6000 LMNS DLP LASER PROJECTOR W LENS - White 1.00 8,250.56 8,250.56 TBD TBD Projector Lift Adapter KIT 1.00 840.39 840.39
Install Labor 8.00 153.85 1,230.77
DA-LITE 24713LSI ADVANTAGE TNSD 113D HD1.3 1.00 6,504.20 6,504.20 Install Labor 20.00 153.85 3,076.92
DA-LITE 40975 3-BUTTON SWITCH-LVC,WHITE 1.00 94.53 94.53 Install Labor 1.00 153.85 153.85
***Conf. Mics***
Sennheiser TBD Sennehier Ceiling Mic 2.00 5,058.82 10,117.64 Install Labor 4.00 153.85 615.38
Huddly 7090043790948 Huddly L1 Kit with USB Adapter 1.00 3,222.88 3,222.88 Huddly TBD Camera Mount 1.00 45.12 45.12
Install Labor 2.00 153.85 307.69
Logitech Logitech MK270 Wireless Keyboard & Mouse Combo 1.00 38.68 38.68 ***Control System***
Crestron RMC4 4-Series™ Control System 1.00 794.96 794.96 Install Labor 1.00 153.85 153.85
Programming/Tech 1.00 172.03 172.03
Crestron CEN-IO-RY-104 Wired Ethernet Module with 4 Relay Ports 1.00 294.86 294.86 Install Labor 1.00 153.85 153.85
Crestron TS-1070-B-S 10.1 in. Tabletop Touch Screen, Black Smooth 1.00 2,623.36 2,623.36 Install Labor 1.00 153.85 153.85
Programming/Tech 8.00 172.03 1,376.22
3' Data Patch Cord 10.00 108.40 1,084.04
Custom Data Patchbay 1.00 722.69 722.69
In Shop Assembly 8.00 153.85 1,230.77
NETWORK/CATEGORY CABLE 1,000.00 0.94 939.50
AV Install Labor 13.00 153.85 2,000.00
CONTROL CABLE 1,000.00 0.72 722.69
AV Install Labor 13.00 153.85 2,000.00
Custom Panels 1.00 763.99 763.99
Interion Labor/Trim 16.00 153.85 2,461.54
Misc. Connectors & Accessories 1.00 802.63 802.63
Estimated Freight 1.00 1,224.46 1,224.46
Estimated Travel Cost 1.00 3,277.50 3,277.50
Bonds 1.00 2,099.00 2,099.00
83,209.00
3 ADD/ALT - AV#2: SLA
SLA Televic - Discussion System - SLA 1.00 2,797.20
SLA PCD City Council Chambers SLA 1.00 6,000.00
8,797.20
835,768.08

pg. 1
2023

PCD Key Company Personnel 2023

President / Sales Manager- John Rudolph, CTS
After many years as a licensed low voltage contractor designing AV systems for residential and commercial to include sales at Pacific Stereo, Soundworks and Shoreline Stereo, John migrated into Commercial / Professional sales at Sound Genesis in 1979 – 1983 in San Francisco focusing on building and designing radio stations, recording studios broadcast TV and private production systems, as well as commercial audio video systems. John then went back to consumer AV and worked for The Good Guys starting in 1987, first in sales, then as a store manager. John then created the custom installation division of the Good Guys and rolled it out to all of the California stores until 1999 when he left to join PCD as General Manager and Vice President.

• CTS Certified
• Extron - School of Emerging Technologies Certified
• Extron - School of Emerging Technologies 4K Certified • Biamp Certified
• Crestron Certified
• THX Level I and Level II Certified
• Listen Technologies Loop System Assisted Listening Designer Certified • Graduated from Recording Arts School
• Licensed C-7 contractor since 1990

Vice President - Bill Graham
Bill has an extensive background in multi-unit management within the consumer electronics and retail environments - Good Guys, Best Buy, Sears and owner of a Consumer Electronics business. As Director of Custom Installation for the Good Guys, 53 retail locations were serviced. Possesses a California Real Estate Broker’s license, managing branch offices.

• 8+ years with PCD
• 36+ years of experience
• Human Resources

Operations Manager - Joe Koppy
Joe manages installation schedule, service calls and vehicle fleet. He is also responsible for inventory accuracy and moving equipment to the job sites. He organizes Safety Trainings on Smartsheet’s for the field team.

• Safety Officer

pg. 2

Procurement Manager – Jim Jones
Jim owned and operated Shoreline Audio Video in Mill Valley until 2009 when he joined Summit Electronic Systems in Petaluma overseeing creation of proposals, managing projects and carrying through projects to completion for high end clients. He was hired at PCD as Project Manager in 2011, and was promoted to Purchasing Manager in 2018. Jim is responsible for scheduling, purchasing, labor assignment and client contact during production.

• 12+ years with PCD
• 22+ years of experience

Master Technician / Programmer – Angelo Scalese
Angelo worked in professional audio from 2001 – 2007 for HomeTech and Best Buy as a Lead Technician. He was responsible for running large and small residential home integration Projects. Angelo joined PCD in in 2007, and is currently running large commercial projects that include conference rooms with video and voice reinforcement with DSP and Crestron and AMX programming. Highly certified, he is one of the Senior Technicians at PCD.

• Crestron – Programmer Level 1 & 2
• Crestron –DigitalMedia Networking Certification (DM-NVX-N) • Crestron – Crestron DigitalMedia Certification (DM-NVX) • Crestron - Fusion Programmer (CTI-FUSION-P)
• Symetrix – Symnet Composer
• QSC – Q-SYS DSP platform
• Extron Control Specialist certified
• Extron – GC3 Programmer & Touchlink Certified Control Associate • CEDIA – Installer Level I & II
• AXIS - Communications Academy AXIS Boot Camp Certified • BIAMP Systems - BIAMP VOCIA Certified
• BIAMP Systems - BIAMP TESIRAFORTE Certified
• Extron - GC PRO Certified
• CA State VDV #160978

Systems Engineer – Gordon Barnes
Worked for Furman Sound and EMG, both manufacturers of quality professional audio components. Started with PCD in 2008 and holds responsibility for design documents, custom fabrication and closeout documents. In early 2017, Gordon relocated to the San Francisco Bay Area and worked as a Project Engineer for a large AV integrator. He worked there for about a year and a half and in late 2018 he moved back to the North Bay and came back to PCD.

pg. 3

• 13+ Years with PCD
• 28+ Years in Electrical Engineering/Construction
• Crestron – Crestron DigitalMedia Certification (DM-NVX) • Crestron – Crestron DMC D-4K Certified
• Extron - XTP Systems Technician Certified
• Biamp - Tesira Forte Certified
• QSC – Q-SYS Level 1 Certified
• QSC – Q-SYS Level 2 Certified
• OSHA 10 Certified

Design-Build Consultant – Joe Laxague
For over 20 years, Joe Laxague has been a notable AV professional who has worked with key industry professionals from fortune 500 companies, government, education, to large scale event production and more. Joe was the production manager for concerts featuring multiple high-profile national touring acts. Joe also has a deep knowledge of Commercial AV & Design-holding an extensive list of key industry credentials from Extron, Biamp, QSC, Shure, OSHA and more. He studied Audio Engineering at Butte College and was their founder and first president of the Music and Audio Production Club.

• CTS Certified
• AVIXA Essentials of AV Technology
• AVIXA AV Technologist
• AVIXA Networking Technology
• AVIXA AV Math for Design
• AVIXA Drawings and Documentation
• BiAmp Tesira Forte
• Extron AV Associate
• Extron Control Specialist
• QSC Q-SYS Level 1
• Shure Integrated Systems Certification Level 1 & 2
• OSHA 30
• Audinate Dante Certification Level 1 & 2
• SynAudCon Course 110 – Transformer Distributed Loudspeaker Systems • SynAudCon Course 100 – Principles of Audio
• SynAudCon Course 50 – How Sound Systems Work

pg. 4

General Manager – Ted Sprague
Ted is involved with managing operations, engineering, marketing, human resources, field personnel, procurement and bid/estimating. He has worked in the system integration industry since 2002 and has previously held positions in: f ield operations, systems design, project management, sales, and senior management. While most of his experience has been on the residential side of the industry, he also has experience with small commercial projects, outsourced IT managed services, and manufacturing for a speaker company.

Project Name: Rohnert Park Council Chambers (PCD#21481) Project Address/Location: 130 Avram Ave., Rohnert Park, CA 94928 Project Owner / Contact / Telephone: City of Rohnert Park, Laura Luchini (Project Coordinator,[email protected], 707-588-3308 Project Architect / Telephone: The Shalleck Collaborative, 415-956-4100 General Contractor / Telephone: N/A worked with owner
Scope of Work:

Provided upgrades to City Council Chambers Audiovisual systems including new Winsted Broadcast furniture, Middle Atlantic racks, a Da-Lite projection screen, NewTek TriCaster live production system, Panasonic laser projectors and PTZ cameras, QSC control and DSP systems, VSI video over IP encoders/decoders, DSAN speaker clocks/timer, and Televic Discussion system.

Initial Completion: 8/25/2023
Actual Completion: 8/25/2023
Initial Contract Value $429,883.00
Final Contract Value $447,681.87
Project Name: Town of Windsor (PCD#22045 & PCD#21179)
Project Address/Location: 9291 Old Redwood Hwy, Windsor, CA 95492 Project Owner / Contact / Telephone: Town of Windsor, Jule Taylor, [email protected], 707-838-5365 Project Architect / Telephone: N/A
General Contractor / Telephone: N/A worked with owner
Scope of Work:

Serveral upgrades over the past few years; Upgrade of city council chambers for streaming and conference room two hall meetings, and also upgrade AVAAS tricaster upgrade Initial Completion: 5/10/2022
Actual Completion: 5/10/2022
Initial Contract Value $87,567.00
Final Contract Value $104,320.75
Project Name: SoCo BOS Chamber AV Upgrade (PCD#22201)
Project Address/Location: 575 Administration Drive, Santa Rosa, CA 95403 Project Owner / Contact / Telephone: County of Sonoma, 707-565-7500 Project Architect / Telephone: Worked with General Contractor General Contractor / Telephone:

Danco Builders, Charles Barnhart (PM) & Zach Niehaus, [email protected]; [email protected], 707-822-9000, 707-825-1534
Scope of Work:

PCD was requested to provide a formal RFP to update and upgrade the Sonoma County Board of Supervisors chambers where there is a existing broadcast system with cameras and microphones, projection, loudspeakers and monitors. PCD designed a new upgrade to bring the system to the “state of the art” technology utilizing Newtek Tricaster,  Biamp DSP,  Panasonic NDI HD cameras and a new Extron control system to operate the system. PCD successfully completed the installation late December 2022 followed up with small adjustments in early January 2023.  The client is pleased with the system upgrades and streaming and recording are now clean and clear and trouble free.

Initial Completion: 1/3/2023
Actual Completion: 1/3/2023
Initial Contract Value $242,796.11
Final Contract Value $238,385.90
Project Name: Los Altos City Council Chambers (PCD#20061) Project Address/Location: 1 North San Antonio Road, Los Altos, CA 94022 Project Owner / Contact / Telephone: City of Los Altos, (650) 947‑2700 Project Architect / Telephone: Co+Ed Architecture
General Contractor / Telephone: Integra Construction Services Inc, Alexander Giammona, [email protected], (925) 398-8290 Scope of Work:

Provided upgrades to City Council Chambers Audiovisual systems including new Winsted Broadcast furniture, Middle Atlantic racks, a custom Draper fixed/curved projection screen, NewTek TriCaster live production system, Panasonic flat panel displays, Digital Projection laser projector, Panasonic PTZ cameras, QSC DSP systems, Crestron video over IP encoders/decoders, DSAN speaker clocks/timer, Shure wireless microphone systems, Listen Tech assisted listening system, Telview custom bulletin board system, and Taiden Discussion system.

Initial Completion: 1/24/2023
Actual Completion: 1/24/2023
Initial Contract Value $180,000.00
Final Contract Value $193,216.65
Project Name: City of Santa Rosa UFO (PCD# 19117)
Project Address/Location: City of Santa Rosa, 635 First Street, 2nd Floor, Santa Rosa, CA 95404 Project Owner / Contact / Telephone: City of Santa Rosa, Brian Kilkenny (PM), 707-543-3116, [email protected] Project Architect / Telephone: n/a - PCD
Boardroom / City Council Projects

General Contractor / Telephone: n/a - PCD
Scope of Work:

Provided and installed upgrade of AV Systems for three meeting rooms and control room including removal and replacement of three projectors, screens and PTZ video cameras, and ceiling speakers. Installed six owner furnished TVs and mounts, and associated wiring.

Initial Completion: 2/5/2020
Actual Completion: 2/5/2020
Initial Contract Value $422,429.98
Final Contract Value $422,429.98
Project Name: Eureka City Council AV Upgrade (PCD#21387) Project Address/Location: 531 K Street, Eureka, CA 95501 Project Owner / Contact / Telephone: City of Eureka, Brian Gerving, [email protected], (707) 441-4203 Project Architect / Telephone: N/A
General Contractor / Telephone: N/A
Scope of Work:

Installed 2 new 5000 lumen laser projectors, new wiring and tricaster for screaming, along with 9 new 10" table top Dais and Staff monitors.

Initial Completion: 8/27/2021
Actual Completion: 8/27/2021
Initial Contract Value $119,811.27
Final Contract Value $119,811.27
Project Name: Finley Community Center (PCD#19141)
Project Address/Location: 635 First Street, 2nd Floor, Santa Rosa, Ca 95401 Project Owner / Contact / Telephone: City of Santa Rosa, Jennifer Myles, [email protected], 707-543-3709 Project Architect / Telephone: N/A - worked directly with Owner General Contractor / Telephone: N/A - worked directly with Owner Scope of Work:

PCD designed and provided a new AV Upgrade to allow HD projection of presentation content along with an upgrade for the sound system to better control the sound in the highly reflective surfaces. PCD also included a touch panel control system to allow users a intuitive macro based touch panel that sequentially turns on and switches sources for ease of use by end users.

The system is now more user friendly and operates and performs with the latest in technology for video presentations as well as much better sound quality to the audience with minimized reflections from the hardwood floors and walls.

Initial Completion: 1/31/2020
Actual Completion: 1/31/2020
Initial Contract Value 109,380.00
Final Contract Value 109,380.00
Project Name: Milpitas City Hall (PCD#19152, #19160)
Project Address/Location: 455 East Calavares Blvd., Milpitas, CA 95035 Project Owner / Contact / Telephone: City of Milpitas, Eliren Pasion, 408-586-3160 , [email protected] Project Architect / Telephone: N/A
General Contractor / Telephone: N/A
Scope of Work:

PCD added Sharp Commercial Digital Signange Displays, along with Crestron Systems. Upgraded several Conference rooms for City Hall as well as modernizing the city Lobby with displays Initial Completion: 1/8/2020
Actual Completion: 1/8/2020
Initial Contract Value $45,583.74
Final Contract Value $45,583.74
Project Name: Mountain View Whisman School District Boardroom (PCD# 19108) Project Address/Location: 1400 Montecito Ave, Mountain View, CA 94043 Project Owner / Contact / Telephone: Consultant: Greystone West - Jason Cave - [email protected] - 650-933-0624 , Novotny, Theresa , [email protected], :707-933-0624
Project Architect / Telephone: DTA Architects - Alice Ader - [email protected] General Contractor / Telephone: worked along with Greystone West, Mikael Estrada (PM), [email protected] Scope of Work: Boardroom AV Systems
Initial Completion: 2/6/2020
Actual Completion: 2/6/2020
Initial Contract Value $199,883.00
Final Contract Value $205,381.69
Project Name: SCOE ANNEX Building - Sonoma County Office of Education (PCD #17149) Project Address/Location: 5340 Skylane Blvd., Santa Rosa, CA 95403 Project Owner / Contact / Telephone: Contact- Daniel Bienkoski , [email protected], 707-524-8324 Project Architect / Telephone: n/a - PCD

General Contractor / Telephone: n/a - PCD
Scope of Work:

PCD to provide & install Audio/Video System including 3 video wall pop out Premeir Mount LMVS bracket along with installation totally 27 mounts.

Initial Completion: 8/2/2018
Actual Completion: 8/2/2018
Initial Contract Value $220,202.00
Final Contract Value $232,467.26
Project Name: Healdsburg City Council Chambers (PCD#17068) Project Address/Location: 401 Grove Street, Healdsburg, CA 95448 Project Owner / Contact / Telephone: City of Healdsburg - Heather Ippoliti - [email protected] - 707-431-3319 Project Architect / Telephone: n/a
General Contractor / Telephone: n/a - PCD
Scope of Work:

PCD provided and installed a new Streaming Broadcast System for the City Council Chambers which includes upgraded equipment capabilities allowing cleaner live feeds, smoother signal flow for microphones and archival storage of all broadcasts.

Original Completion Date: 2018
Date Completed: 2018
Initial Contract Value: $132,509.00
Final Contract Value: $137,725.00
Project Name: Sonoma County Office of Education (PCD#17149) Project Address/Location: 5340 Skylane Blvd., Santa Rosa, CA 95403 Project Owner / Contact / Telephone: Sonoma County Office of Education, Daniel Bienowksi, [email protected], 707-524-8324 Project Architect / Telephone: n/a
General Contractor / Telephone: n/a - PCD
Scope of Work:

PCD to provided & install Audio/ Video System including 3 video wall pop out Premier Mount LMVS bracket along with installation totally 27 mounts
Initial Completion: 8/2/2018
Actual Completion: 8/2/2018
Initial Contract Value: $220,202.00
Final Contract Value: $232,467.26
Project Name: Windsor Town Council AV Chamber (PCD#20056) Project Address/Location: 9291 Old Redwood HWY, Windsor, CA 95492 Project Owner / Contact / Telephone: Town of Windsor City Council, Jule Taylor, [email protected], (707) 838-5365 Project Architect / Telephone: N/A
General Contractor / Telephone: N/A - worked with Owner Scope of Work: Upgrade of city council chambers for streaming and conference room two hall meetings Initial Completion: 4/2/2018
Actual Completion: 4/2/2018
Initial Contract Value $39,600.52
Final Contract Value $42,418.02
Project Name: Traditional Medicinals (PCD#16127)
Project Address/Location: 4515 Ross Road, Sebastopol, CA 95472 Project Owner / Contact / Telephone: Jeffrey Flasher - [email protected] - 707-823-8911 Project Architect / Telephone: n/a - PCD
General Contractor / Telephone: n/a - PCD
Scope of Work:

Video Wall and Room 101 DSP ceiling microphone, AV systems for rooms#104, 106, 109, 115, provided projects for room 101, and 121.

Initial Completion: 7/7/2017
Actual Completion: 7/7/2017
Initial Contract Value $110,984.10
Final Contract Value $103,548.30
Project Name: Covia (formally Episcopal Senior Communities) PCD #18071 Project Address/Location: 2185 N California Blvd. #575, Walnut Creek, CA 94596 Project Owner / Contact / Telephone: Chris Dana - 925-956-7400 Project Architect / Telephone: N/A
General Contractor / Telephone: N/A
Scope of Work:

Provided AV Systems for new office spaces: Huddle rooms- OFCI Prowise displays, Boardroom & Fishbowel - 75'' LG Pro HD display NuReva sound /microphone bar and polycom Trio 8880, in the Gathering Space- provided and installed 3x3 video wall, Vaddio Matrix Pro AV Bridge, two Vaddio Roboshot cameras, wireless microphones and associated equipment.

Initial Completion: 6/27/2018
Actual Completion: 6/27/2018

Initial Contract Value $170,684.94
Final Contract Value $156,873.00
Project Name: Keysight Technologies - Fire Damage AV Replacements at Multiple Locations (PCD#18029) Project Address/Location: 1400 Fountaingrove Parkway, Santa Rosa, CA 95403 Project Owner / Contact / Telephone: Keysight/CBRE - Steve Howard (PM), [email protected], 707-799-8637 Project Architect / Telephone: N/A
General Contractor / Telephone: Worked directly with the Owner Scope of Work:

Provided and installed a new Laser 5000 Lumen projector mount in various rooms. Also added a Kramer wireless collaboration device and new screen.

Initial Completion: 6/1/2018
Actual Completion: 6/1/2018
Initial Contract Value $276,978.14
Final Contract Value $276,978.14
Project Name: Old Solano Courthouse (#21073)
Project Address/Location: 600 Union Ave, Fairfield, CA 94533 Project Owner / Contact / Telephone: Judicial Council of California Project Architect / Telephone: Hornberger + Worstell - Jim Degener - [email protected] - 415-391-1080 General Contractor / Telephone: Plant Construction Company - Aaron Holm - [email protected] Scope of Work:

PCD was awarded the contract for the rebuild of the historic courthouse for Solano County. In the three courtrooms,  PCD provided and installed projection systems along with sound reinforcement systems and assisted listening in each.

Initial Completion: December 2014
Actual Completion: December 2014
Initial Contract Value $406,889.00
Final Contract Value $406,889.00
Project Name: Brentwood Community Center (#20879)
Project Address/Location: 150 City Park Way, Brentwood, CA 94513 Project Owner / Contact / Telephone: City of Brentwood
Project Architect / Telephone: Yun Cho - 925-516-5104 - [email protected] General Contractor / Telephone: n/a - PCD
Scope of Work:

PCD provided a design assist on the new city government complex including city council chambers, video conferencing meeting hall and park stage sound reinforcement system used for summer concerts for the community. All systems were provided and installed by PCD and, since the initial installation date, have been requested to provide and install additional add-on features and improvements to the initial design to enhance the facilities for meetings and events. This has turned out to be a great working relationship with the City of Brentwood and PCD.

Initial Completion: 2013
Actual Completion: 2013
Initial Contract Value $997,000.00
Final Contract Value $997,000.00
Project Name: Milpitas Council Chambers (#15023)
Project Address/Location: 455 East Calaveras Boulevard, Milpitas, California 95035 Project Owner / Contact / Telephone: Julie Waldron - 408-586-3314 - [email protected] Project Architect / Telephone: n/a
General Contractor / Telephone: n/a - PCD
Scope of Work:

Milpitas City Hall is a shining example of a state-of-the-art city council chamber.  This facility was transformed from an older technology standard definition system to a six-camera high definition multi-faceted system.  It is now capable of incredibly sharp presentations with rear projection video and ultra-clear audio in the comfortable theatre- like atmosphere in the council chamber.  Then they can take those meetings to the high definition level and broadcast them out to the world, keeping up with the studio quality you see from the big networks.  This is the benchmark for any modern city council chamber.

Date Completed: 2012
Initial Contract Value $1,036,945.82
Final Contract Value $1,036,945.82
Project Name: Claybank Adult Detention Facility (PCD#14035) Project Address/Location: 675 Texas Street, Suite 2500, Fairfield, CA 94533 Project Owner / Contact / Telephone: Solano County Department of General Services Project Architect / Telephone: n/a
General Contractor / Telephone: Collins Electrical Company Inc

Scope of Work:

PCD was awarded the AV package for the new correctional facility to include Conference Room AV systems, video conference room and the AV for the prison TV sets in the day rooms and the meeting rooms to distribute self driven content and some TV channels to the inmates.

Initial Completion: 2014
Actual Completion: 2014
Initial Contract Value: $577,348.00
Final Contract Value: $577,348.00
Project Name: Cal Fire Academy (PCD#13158)
Project Address/Location: 4501 Highway 104, Ione, CA 95640 Project Owner / Contact / Telephone: State of California Forestry & Fire Protection, Peter Billing, [email protected], 209-274-5991 Project Architect / Telephone: n/a
General Contractor / Telephone: n/a - PCD
Scope of Work:

PCD provided and installed the training academy in Ione, CA with complete HD AV presentation systems for their Lecture Halls,  Amphitheater and classroom teaching audio video and sound reinforcement systems.

Initial Completion: 2014
Actual Completion: 2014
Initial Contract Value: $394,788.00
Final Contract Value: $394,788.00
Project Name: Sonoma County Board of Supervisors Meeting Room (#21022) Project Address/Location: 575 Administration Drive, Room 100 A, Santa Rosa, CA 95403 Project Owner / Contact / Telephone: County of Sonoma, John Hubiak - 707-565-2241 - [email protected] Project Architect / Telephone: N/A
General Contractor / Telephone: n/a
Scope of Work:

PCD provided a design assist on the upgrade and renovation of the Sonoma County Board of Supervisors chamber which included HD cameras and video production console to stream to the internet and archive for storage the various meetings held in the facility.  New presentation equipment to include HD projector and distribution to flat panels in various conference rooms and lobby and re-programming of the touch panel control system created a more usable and better quality system overall.

Initial Completion: 2012
Actual Completion: 2012
Initial Contract Value $179,355.00
Final Contract Value $179,355.00

Project Name: Cache Creek Hotel Expansion (PCD#17150)
Project Address/Location: 14455 Hwy 16, Brooks, CA 95606 Project Owner / Contact / Telephone: Yocha Dehe Wintun Nation, Scott Adamson and Lars Sequiera, 530-796-5742, 530-796-5286, SAdamson@yochadehe- nsn.gov, [email protected]
Project Architect / Telephone: N/A
General Contractor / Telephone: Worked directly with Owner Scope of Work:

PCD to install and supply theatrical audio video systems, including AV devices, and configure and demonstrate portable systems
Initial Completion: 2/18/2021
Actual Completion: 2/18/2021
Initial Contract Value: $1,998,788
Final Contract Value: $2,775,615.10
Project Name: GMC/Shroeder Hall/Student Services, Sonoma State University, Rohnert Park, CA (PCD # Various) Project Address/Location: Sonoma State University - 1801 E. Cotati Ave., Rohnert Park, CA 94928 Project Owner / Contact / Telephone: Christopher Dinno, Senior Director Facilities - [email protected] - (707) 664-2870 Project Architect / Telephone: William Rawn Associates (617) 423-3470 General Contractor / Telephone: Rudolph & Sletten - (650) 216-3600 Scope of Work: Audio/Visual System – Performing Arts Center, Recital Hall and Student Center Initial Completion: 6/11/2012
Actual Completion: 6/11/2012
Initial Contract Value: $1,713,887.00
Final Contract Value: $1,713,887.00
Project Name: HP Moffett Towers Bldg F&G (PCD#20934)
Project Address/Location: Moffett Towers, 1140 Enterprise Way, Sunnyvale, CA 94089 Project Owner / Contact / Telephone: Moffett Towers c/o Jay Paul Company, Owner - [email protected] - (415) 397-0442 Project Architect / Telephone: Charles M. Salter Associates Inc. (415) 397-0442 General Contractor / Telephone: Rudolph & Sletten / (650) 216-3600 Scope of Work:

PCD provided and installed 79 conference rooms with LCD flat panel TV sets and AV input and control as well as (9) video projection /  video conferencing rooms and a multi use Cafeteria with complete AV presentation at Hewlett Packard Moffett Towers in Mountain View.

Initial Completion: December 2012
Actual Completion: December 2012
Initial Contract Value: $1,000,071.00
Final Contract Value: $1,414,453.00
Project Name: DeAnza High School (PCD#20811)
Project Address/Location: 5000 Valley View Rd, El Sobrante, CA 94803 Project Owner / Contact / Telephone: West Contra Costa Unified School District - Magdy Abdalla, District Engineer - (510) 307-4540 Project Architect / Telephone: Schalleck Collaborative - Ian Hunter - [email protected] - (415) 576-0829 General Contractor / Telephone: Wright Contracting - Joe Grulich - [email protected] - (707) 528-1172 Scope of Work: ProTools Recording Studio/56 Classrooms Audio/Visual Initial Completion: November 2012
Actual Completion: November 2012
Initial Contract Value: $1,278,860.00
Final Contract Value: $1,278,610.00
Project Name: Westmoor HS (PCD #17004)
Project Address/Location: 131 Westmoor Avenue, Daly City, CA 94015 Project Owner / Contact / Telephone: Jefferson Union High School District - Stephanie Phillips - 650-550-7931 Project Architect / Telephone: Aedis Architects, June Yip, 408-300-5160 -worked with GC General Contractor / Telephone: Swinerton Builders - Cathy Lachenmyer - 408-454-2014 - [email protected] Scope of Work:

AV systems in Main Theater including mixer, Biamp dsp, racks with power conditioner, wireless mics, L'Acoustics speaker system, video system, short throw projector, cable TV, assisted listening system, intercom, and control system.

Initial Completion: 12/15/2021
Actual Date of Completion: 12/15/2021
Original Conntract Price: $1,110,883.00
Current Adjusted Contract Price $1,153,337.31
PCD Master List Projects
Largest Contracts in Past 10 years

DSA Approval Required: Yes
Project Name: Harker High School / Rothschild's PAC (PCD#16004) Project Address/Location: 500 Saratoga Avenue, San Jose, CA 95124 Project Owner / Contact / Telephone: The Harker School
Project Architect / Telephone: Studio Bondy Architecture (510) 836-6594 General Contractor / Telephone: Devcon Construction, Cameron Page, [email protected], 408-942-8200 Scope of Work:

Audio Visual Systems for Main Theatre (installation of a 34-foot by 15-foot LED video wall), Conference room, Medium Vocal Space, Large Vocal Space, Orchestra Room, Big Rehearsal room. Also installed AV in the main Gym, fitness room, training room, team room and boys and girls locker room Initial Completion: 4/27/2018
Actual Completion: 4/27/2018
Initial Contract Value: $757,838.00
Final Contract Value: $1,256,947.74
Project Name: CSU Monterey Bay Academic III Buildout (#19003) Project Address/Location: 3050 Divarty Street, Seaside, CA 93955 Project Owner / Contact / Telephone: Trustees of the California State University - Kathleen Ventimiglia - [email protected] - 831-582-4304 Project Architect / Telephone: WRNS Studio - Mitch Fine - [email protected] General Contractor / Telephone: Otto Construction - Nick Julo and Kevin Halfhill - [email protected], (916) 441-6870 Scope of Work:

AV systems throughout multiple classrooms, gallery, lecture rooms, conference rooms, cinema lab, screening & control rooms and digital signage in lobby
Initial Completion: 12/26/2019
Actual Completion: 12/26/2019
Initial Contract Value: $1,156,312.00
Final Contract Value: $603,863.00
Project Name: Milpitas Audio Visual Upgrades 2012 (#15023) Project Address/Location: 455 East Calaveras Blvd, Milpitas, CA 95035 Project Owner / Contact / Telephone: City of Milpitas - Julie Waldron, Project Manager - 408-690-3603 - [email protected] Project Architect / Telephone: n/a
General Contractor / Telephone: n/a - PCD
Scope of Work: Audio Visual upgrades to City Council Chambers and various additional rooms in City Hall Initial Completion: 9/6/2013
Actual Completion: 9/6/2013
Initial Contract Value: $946,650.00
Final Contract Value: $1,036,945.82
Project Name: CSU Chico Taylor II Replacement Building (PCD#14091) Project Address/Location: 121 Normal Avenue, Chico, CA 95928 Project Owner / Contact / Telephone: Cal State University Chico Project Architect / Telephone: WRNS Studio (415) 489-2224 General Contractor / Telephone: Otto Construction - Jose Carrasco (916)441-5870 - [email protected] Scope of Work:

In newly constructed Arts and Humanities building on campus, PCD provided extensive audio visual installations for the Recital hall, Recording Studio, Recording Classroom and Dance Rehearsal Space. The recital hall is equipped with an audio mixing console, digital signal processing and program paging, wireless microphone systems, wall mounted loudspeakers and power amplifiers for maximum performance. The recording studio, control room and classroom are equipped with a 48-channel state of the art mixing console, powerful studio grade monitoring loudspeakers, outboard recording, remote recording, digital matrix switching, control monitoring systems and studio furniture.

Initial Completion: 2/3/2016
Actual Completion: 2/3/2016
Initial Contract Value: $946,230.00
Final Contract Value: $1,014,185.00
Project Name: Palo Alto High School - Performing Arts Center (PAC-14)(PCD#14058) Project Address/Location: 50 Embarcadero Road, Palo Alto, CA 95301 Project Owner / Contact / Telephone: Palo Alto USD - Tom Hodges - (650)329-3927 - [email protected], [email protected] Project Architect / Telephone: Deems – Lewis – McKinley Architecture (415) 255-1811 General Contractor / Telephone: Alten Construction (408) 434-9300 Scope of Work: Audio/Visual System and Noise and Vibration Control – Performing Arts Center and Meyer Constellation System Initial Completion: 2/13/2016
Actual Completion: 2/13/2016

Initial Contract Value: $921,688.00
Final Contract Value: 1,013,383.00
Project Name: Pinole Valley HS Theater (Lathrop) (PCD#16008) Project Address/Location: 2900 Pinole Valley Road, Pinole, CA 94564 Project Owner / Contact / Telephone: West Contra Costa Unified School District -worked with Contractor Project Architect / Telephone: WLC Architects, 510-450-1999 General Contractor / Telephone:

Lathrop Construction Associates, Inc., Kyle Martellaro, 707-746-8000 ext. 134, [email protected] Scope of Work:

Installation of video projection system (large projection screens), large speaker arrays, ADA Assistive Listening Systems,production intercom systems, control systems - Crestron equipment and programming , and Digital Signal Processor.

Initial Completion: 1/30/2020
Actual Completion: 1/30/2020
Initial Contract Value: $960,672.00
Final Contract Value: $1,009,153.00
Project Name: Brentwood Community Center (#20879)
Project Address/Location: 150 City Park Way, Brentwood, CA 94513 Project Owner / Contact / Telephone: Yun Cho, CIO - 925-516-5104 - [email protected] Project Architect / Telephone: n/a
General Contractor / Telephone: n/a / PCD
Scope of Work:

PCD provided a design assist on the new city government complex including city council chambers, video conferencing meeting hall and park stage sound reinforcement system used for summer concerts for the community. All systems were provided and installed by PCD and, since the initial installation date, have been requested to provide and install additional add-on features and improvements to the initial design to enhance the facilities for meetings and events. This has turned out to be a great working relationship with the City of Brentwood and PCD.

Initial Completion: 8/16/2013
Actual Completion: 8/16/2013
Initial Contract Value: $944,109.00
Final Contract Value: $944,109.00
Project Name: Transbay Transit Center 2017-2018 (PCD #14148) Project Address/Location: 425 Mission Street, San Francisco, CA 94105 Project Owner / Contact / Telephone: Transbay Joint Power Authority Project Architect / Telephone: n/a
General Contractor / Telephone: Rail Services Corporation (504) 734-3773 Scope of Work: Installation of PA Equipment at Transbay Center Building and related structures Initial Completion: 8/30/2018
Actual Completion: 8/30/2018
Initial Contract Value: $1,019,991.00
Final Contract Value: $1,019,991.00
Project Name: Burbank Theatre Rehabilitation (PCD# 17124) Project Address/Location: 1501 Mendocino Ave, Santa Rosa, CA 95403 Project Owner / Contact / Telephone: Sonoma County Junior College District - Project Architect / Telephone: TLCD Architecture and Mark Cavagnero Associates General Contractor / Telephone: Wright Contracting - Steve McColloch - [email protected] - 707-528-1172 Scope of Work:

Complete overhaul of the Main Theater, Studio Theater, Rehearsal Space, Conference Room, Design Lab and Costume Shop & Makeup Lab. Top of the line AV equipment was chosen to match the standards SRJC students would expect to utilize if they remain in the AV industry for a long term career.

Initial Completion: 3/6/2020
Actual Completion: 3/6/2020
Initial Contract Value: $860,683.00
Final Contract Value: $851,726.00
Project Name: Novato HS Arts & Science Bldgs (PCD#19058) Project Address/Location: 625 Arthur Street, Novato, CA 94947 Project Owner / Contact / Telephone: Novato Unified School District , worked with electrical contractor , 415-897-4201 Project Architect / Telephone: WLC Architect, 510-450-1999 -worked with Electrical contractor General Contractor / Telephone: Ray Lunardi - 707-545-4755 - [email protected] Scope of Work:

AV installs in Main Theater including mixer, equipment racks, wireless mics, loudspeakers, video system, projector, overhead paging, Meyer Sound and Crestron control system.

Initial Completion: 6/1/2021
Actual Date of Completion: 6/1/2021
Original Conntract Price: $577,838.00
Final Contract Value: $647,058.21
DSA Approval Required: Yes
Project Name: San Mateo High School District & Performing Arts Center PCD (#Various) Project Address/Location: 600 N. Delaware St., San Mateo, CA 94401 Project Owner / Contact / Telephone: Greystone West (owner’s rep) Hugh Whelan - [email protected] - 707-933-0624 Project Architect / Telephone: Quattrocchi Kwok Architects (707) 576-0829 General Contractor / Telephone: Cahill Contractors (415) 986-0600 Scope of Work:

As a part of a large rehabilitation bond program, PCD was the selected contractor for multiple systems in various venues designed by The Shalleck Collaborative. Among them, PCD provided a reference standard AV system for the new Performing Arts Center that is also used by the community for multi-cultural events. The system utilizes the L’Acoustics line arrays for an outstanding sound system.

Initial Completion: 10/15/2014
Actual Completion: 10/15/2014
Initial Contract Value: $2,526,964.00
Final Contract Value: $2,526,964.00
Project Name: Berkeley HS Theatre Renovation (PCD#20099) Project Address/Location: 1930 Allston Way, Berkeley, CA 94704 Project Owner / Contact / Telephone: Berkeley Unified School District , 510-486-9338 Project Architect / Telephone: CAW Architects
General Contractor / Telephone:

Alten Construction Inc, Nick Matson, [email protected] , 510-234-420, [email protected] Jose Canseco main engineer
Scope of Work: Alten Construction Inc, Nick Matson, [email protected] , 510-234-420 Initial Completion:

Production intercom and paging system additions for existing theatre, new AV systems for Drama, Jazz, Orchestra, Choral, Music labs, and lobby video wall including a combination of projection and LCD flat panel displays.

Actual Date of Completion: 10/18/2023
Original Conntract Price: 10/18/2023
Final Contract Value: $499,988.00
DSA Approval Required: $508,627.21

38077.00180\29080232.10

-39- 00 52 13 – CONTRACT

00 52 13 – CONTRACT
This CONTRACT, No. 24-030 is made and entered on ____________ by and between City of Milpitas, sometimes hereinafter called “City,” and ________________________________________, sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
24-030 COUNCIL CHAMBER AV SYSTEM REPLACEMENT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within two hundred thirty-five (235) calendar days, in accordance with the pasing set forth in Exhibit “B” Phase #1 and #2 Time Schedule, from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________________ ____________________________________________________________________ Payment shall be made as set forth in the General Conditions. d. LIQUIDATED DAMAGES.In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Bid Bond
Designation of Subcontractors
Information Required of Bidders

38077.00180\29080232.10

-40-
00 52 13 – CONTRACT

Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Wage Theft Certification
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Caltrans Standard Specifications, except Division 1
Caltrans Standard Plans
Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f.

PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and
every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
g.

INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.
h.

PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
i.

WAGE THEFT PREVENTION.

(a) Contractor, and any subcontractor it employs to complete work under this Contract, shall comply with all applicable federal, state and local wage and hour laws.

Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance. (b) BY SIGNING THIS CONTRACT, CONTRACTOR AFFIRMS THAT IT HAS

DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO

EXECUTING THIS CONTRACT THAT CONTRA

CTOR OR ITS SUBCONTRACTORS HAS
VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONTRACTOR FURTHER

AFFIRMS THAT IT OR ITS SUBCONTRACTOR(S) HAS EITHER FULLY SATISFIED EACH

38077.00180\29080232.10

-41-
00 52 13 – CONTRACT

JUDGMENT, DECISION OR ORDER, OR, IF

ANY JUDGMENT, DECISION OR ORDER HAS

NOT BEEN FULLY SATISFIED, CONTRACTOR AFFIRMS THAT IT OR ITS

SUBCONTRACTOR(S) IS CURRENTLY SATISFYING SAID JUDGMENT, DECISION OR

ORDER THROUGH A PAYMENT OR ALTERNATIVE PLAN APPROVED BY THE

APPLICABLE COURT/GOVERNMENT AGENCY AND THAT CONTRACTOR OR ITS

SUBCONTRACTOR(S) ARE IN COMPLIANCE WITH SAID PLAN AS OF THE DATE OF EXECUTING THIS CONTRACT.
(c) If at any time during the term of this Contract, a court or investigatory government agency issues a final judgment, decision or order finding that Contractor or a subcontractor it employs to perform work under this Contract has violated any applicable wage and hour law, or Contractor learns of such a judgment, decision, or
order that was not previously disclosed in its
bid/proposal, Contractor shall inform the City no more than fifteen (15) calendar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order. Contractor or its subcontractor(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order. If the Contractor or its subcontractor is subject to a payment or other alternative plan, the Contractor or its subcontractor shall continue to submit documentary evidence every thirty (30) calendar days during the term of the Contract demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
(d) For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws. (e) Failure to comply with any part of this Section constitutes a material breach of this Contract. Such breach may serve as a basis for immediate termination of this Contract and/or any other remedies available under this Contract and/or law. (f) Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Contract and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

38077.00180\29080232.10

-42-
00 52 13 – CONTRACT

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF MILIPITAS [INSERT NAME OF CONTRACTOR]
By By:

Ned Thomas , City Manager
Its:

Printed
Name:

(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

A
PPROVED AS TO FORM:

By:

Michael Mutalipassi, City Attorney

END OF CONTRACT

38077.00180\29080232.10

-43-
00 52 13 – CONTRACT

Notary Acknowledgment

A notary public or other officer completing this certificate verifies only the identity of t
he individual who signed the
document to which this certif
icate is attached, and not the
truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _____________________
__________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)
Title or Type of Document

Partner(s)

Limited

General
Number of Pages

A
ttorney-In-Fac
t

T
rustee(s)

Guardian/Conservator
Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

38077.00180\29080232.10

-44-
00 61 13 – BOND FORMS

00 61 13 – BOND FORMS

1.1 Performance Bond.

KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Milpitas, (herei
nafter referred to as “City”) has awarded to
_________________________, (hereinafter referred to as the “Contractor”) an agreement for ____________________________________, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein s
pecified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused
by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

38077.00180\29080232.10

-45-
00 61 13 – BOND FORMS

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable.

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

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

38077.00180\29080232.10

-46-
00 61 13 – BOND FORMS

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Contractor/Principal

By

Title

(Corporate Seal)
Surety

By

A
ttorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title

(The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)

38077.00180\29080232.10

-47-
00 61 13 – BOND FORMS

Notary Acknowledgment

A notary public or other officer completing this certificate verifies only the identity of t
he individual who signed the
document to which this certif
icate is attached, and not the
truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _____________________
__________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)
Title or Type of Document

Partner(s)

Limited

General
Number of Pages

A
ttorney-In-Fac
t

T
rustee(s)

Guardian/Conservator
Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

38077.00180\29080232.10

-48-
00 61 13 – BOND FORMS

Notary Acknowledgment

A notary public or other officer completing this certificate verifies only the identity of t
he individual who signed the
document to which this certif
icate is attached, and not the
truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _____________________
__________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)
Title or Type of Document

Partner(s)

Limited

General
Number of Pages

A
ttorney-In-Fac
t

T
rustee(s)

Guardian/Conservator
Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF PERFORMANCE BOND

38077.00180\29080232.10

-49-
00 61 13 – BOND FORMS

1.2 Payment Bond (Labor and Materials).

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or

38077.00180\29080232.10

-50-
00 61 13 – BOND FORMS

under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/Principal

By

Title

(Corporate Seal)
Surety

By

A
ttorney-in-Fact

(Attach
A
ttorney-in-Fact Certificate) Title

38077.00180\29080232.10

-51-
00 61 13 – BOND FORMS

Notary Acknowledgment

A notary public or other officer completing this certificate verifies only the identity of t
he individual who signed the
document to which this certif
icate is attached, and not the
truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _____________________
__________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)
Title or Type of Document

Partner(s)

Limited

General
Number of Pages

A
ttorney-In-Fac
t

T
rustee(s)

Guardian/Conservator
Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

38077.00180\29080232.10

-52-
00 61 13 – BOND FORMS

Notary Acknowledgment

A notary public or other officer completing this certificate verifies only the identity of t
he individual who signed the
document to which this certif
icate is attached, and not the
truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _____________________
__________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER

DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)
Title or Type of Document

Partner(s)

Limited

General
Number of Pages

A
ttorney-In-Fac
t

T
rustee(s)

Guardian/Conservator
Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

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

END OF PAYMENT BOND

38077.00180\29080232.10

GENERAL CONDITIONS

TABLE OF CONTENTS

Page

-53-
00 72 13 – GENERAL CONDITIONS

TABLE OF CONTENTS

00 72 13 – GENERAL CONDITIONS ........................................................................................ 56

ARTICLE 1

DEFINED TERMS .............................................................................................. 56

ARTICLE 2

CONTRACT DOCUMENTS ............................................................................... 60

ARTICLE 3

PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ................ 61

ARTICLE 4

CONTRACT DOCUMENTS: COPIES & MAINTENANCE ................................ 61

ARTICLE 5

EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF
WORK ................................................................................................................ 61

ARTICLE 6

EXISTENCE OF UTILITIES AT THE WORK SITE ............................................ 62

ARTICLE 7

SOILS INVESTIGATIONS .................................................................................. 63

ARTICLE 8

ARTICLE 8. CONTRACTOR’S SUPERVISION ................................................. 63

ARTICLE 9

WORKERS ......................................................................................................... 64

ARTICLE 10

INDEPENDENT CONTRACTORS ..................................................................... 64

ARTICLE 11

SUBCONTRACTS .............................................................................................. 64

ARTICLE 12

VERIFICATION OF EMPLOYMENT ELIGIBILITY ............................................. 64

ARTICLE 13

REQUESTS FOR SUBSTITUTION .................................................................... 65

ARTICLE 14

SHOP DRAWINGS ............................................................................................ 66

ARTICLE 15

SUBMITTALS ..................................................................................................... 66

ARTICLE 16

MATERIALS ....................................................................................................... 67

ARTICLE 17

PERMITS AND LI
CENSES ................................................................................ 68

ARTICLE 18

TRENCHES ........................................................................................................ 68

ARTICLE 19

DIVERSION OF RECYCLABLE WASTE MATERIALS ...................................... 69

ARTICLE 20

REMOVAL OF HAZARDOUS MATERIALS ....................................................... 69

ARTICLE 21

SANITARY FACILITIES ..................................................................................... 69

ARTICLE 22

AIR POLLUTION CONTROL.............................................................................. 70

ARTICLE 23

LAYOUT AND FIELD ENGINEERING ............................................................... 70

ARTICLE 24

TESTS AND INSPECTIONS .............................................................................. 70

ARTICLE 25

PROTECTION OF WORK AND PROPERTY .................................................... 71

ARTICLE 26

CONTRACTOR’S MEANS AND METHODS
...................................................... 71

ARTICLE 27

AUTHORIZED REPRESENTATIVES ................................................................ 71

ARTICLE 28

HOURS OF WORK ............................................................................................ 71

ARTICLE 29

PAYROLL RECORDS ........................................................................................ 72

ARTICLE 30

PREVAILING RATES OF WAGES
..................................................................... 74

38077.00180\29080232.10

GENERAL CONDITIONS

TABLE OF CONTENTS

(continued)
Page

-54-
00 72 13 - GENERAL CONDITIONS

TABLE OF CONTENTS

ARTICLE 31

PUBLIC WORKS CONTRACTOR REGISTRATION
.......................................... 75

ARTICLE 32

EMPLOYMENT OF APPRENTICES .................................................................. 75

ARTICLE 33

NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ................... 75

ARTICLE 34

DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ..................... 76

ARTICLE 35

LABOR/EMPLOYMENT SAFETY ...................................................................... 76

ARTICLE 36

INSURANCE ...................................................................................................... 77

ARTICLE 37

FORM AND PROOF OF CARRIAGE OF INSURANCE
..................................... 80

ARTICLE 38

TIME FOR COMPLETION AND LIQUIDATED DAMAGES ............................... 81

ARTICLE 39

SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC
ESTIMATES ....................................................................................................... 82

ARTICLE 40

PROGRESS ESTIMATES AND PAYMENT ....................................................... 83

ARTICLE 41

SECURITIES FOR MONEY WITHHELD ........................................................... 84

ARTICLE 42

CHANGES AND EXTRA WORK. ....................................................................... 84

ARTICLE 43

FINAL ACCEPTANCE AND PAYMENT ............................................................. 98

ARTICLE 44

OCCUPANCY .................................................................................................... 99

ARTICLE 45

INDEMNIFICATION ........................................................................................... 99

ARTICLE 46

PROCEDURE FOR RESOLVING DISPUTES ................................................. 100

ARTICLE 47

CITY’S RIGHT TO TERMINATE CONTRACT ................................................. 100

ARTICLE 48

WARRANTY AND GUARANTEE OF WORK ................................................... 106

ARTICLE 49

DOCUMENT RETENTION & EXAMINATION .................................................. 109

ARTICLE 50

SEPARATE CONTRACTS ............................................................................... 109

ARTICLE 51

NOTICE AND SERVICE THEREOF ................................................................ 110

ARTICLE 52

NOTICE OF THIRD PARTY CLAIMS
............................................................... 110

ARTICLE 53

STATE LICENSE BOARD NOTICE ................................................................. 110

ARTICLE 54

INTEGRATION ................................................................................................. 110

ARTICLE 55

ASSIGNMENT OF CONTRACT ....................................................................... 110

ARTICLE 56

CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY .... 111

ARTICLE 57

ASSIGNMENT OF ANTITRUST ACTIONS
...................................................... 111

ARTICLE 58

PROHIBITED INTERESTS .............................................................................. 111

ARTICLE 59

CONTROLLING LAW ....................................................................................... 111

ARTICLE 60

JURISDICTION; VENUE .................................................................................. 111

ARTICLE 61

LAWS AND REGULATIONS ............................................................................ 111

38077.00180\29080232.10

GENERAL CONDITIONS

TABLE OF CONTENTS

(continued)
Page

-55-
00 72 13 - GENERAL CONDITIONS

TABLE OF CONTENTS

ARTICLE 62

PATENTS ......................................................................................................... 112

ARTICLE 63

OWNERSHIP OF CONTRACT DOCUMENTS ................................................ 112

ARTICLE 64

NOTICE OF TAXABLE POSSESSORY INTEREST ........................................ 112

ARTICLE 65

SURVIVAL OF OBLIGATIONS ........................................................................ 112

38077.00180\29080232.10

-56-
00 72 13 – GENERAL CONDITIONS

00 72 13 – GENERAL CONDITIONS
ARTICLE 1 DEFINED TERMS
Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave.

B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents.

C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract.

D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.

E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed.

F. Bidder -- The individual or entity who submits a Bid directly to the City.

G. Caltrans Standard Specifications - Standard Specifications of the State of California, Department of Transportation, current edition. Any reference therein to a State agency or officer shall be interpreted as if the corresponding City office or agent acting under this contract were so specified.

H. Caltrans Standard Plans - Standard plans of the State of California, Department of Transportation, current edition. All metric measurements or quantities in the Caltrans Standard Plans shall be disregarded, and equivalent United States measures used.

I. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents.

J. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”).

K. City -- The City of Milpitas.

38077.00180\29080232.10

-57-
00 72 13 – GENERAL CONDITIONS

L. City Council, Council -- The City Council of the City.

M. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative.

N. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

O. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents.

P. Contract Documents -- The documents listed in Section 00 52 13, Article 5.

Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents.

Q. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs.

R. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment.

S. Contractor -- The individual or entity with which the City has contracted for performance of the Work.

T. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On-Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City.

U. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties.

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

W. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents.

X. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site.

38077.00180\29080232.10

-58-
00 72 13 – GENERAL CONDITIONS

Y. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

Z. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, 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.

AA. Engineer, whenever not qualified, shall mean the City Engineer or its designee, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City
Council, shall be binding and final upon
both parties.

BB. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City.

CC. Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive.

DD. Holiday – The Holidays are defined as legal Federal, State, and City holidays including:

New Year’s Day - January 1
Martin Luther King Jr.'s Birthday – Third Monday in January Lincoln's Birthday – Febraury 12
President’s Day – Third Monday in February
Memorial Day - Last Monday in May
Independence Day - July 4
Labor Day - First Monday in September
Veteran’s Day - November 11
Thanksgiving Day - Fourth Thursday in November
Friday after Thanksgiving
Christmas Eve – December 24
Christmas Day - December 25
If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays.

38077.00180\29080232.10

-59-
00 72 13 – GENERAL CONDITIONS

EE. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract.

FF. Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project.

GG. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run.

HH. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

II. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.

JJ. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities.

KK. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

LL. Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

MM. Stop Payment Notice -- A written notice as defined in Civil Code section 8044.

NN. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site.

OO. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work.

PP. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award.

QQ. Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work.

38077.00180\29080232.10

-60-
00 72 13 – GENERAL CONDITIONS

RR. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

SS. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents.

TT. Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer.

UU. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

ARTICLE 2 CONTRACT DOCUMENTS
A.

Contract Documents.

The Contract Documents are complementary, and what
is called for by one shall be as binding as if called for by all.

B.

Interpretations.

The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders

2. Contract

3. Addenda

4. Special Conditions

5. Technical Specifications

6. Plans (Contract Drawings)

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor’s Bid Forms

11. City Standard Specifications

12. City Standard Drawings

13. Caltrans Standard Specifrications, except Division 1

14. Caltrans Standard Plans

15. Reference Documents

38077.00180\29080232.10

-61-
00 72 13 – GENERAL CONDITIONS

With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings
C.

Conflicts in Contract Documents.

Notwithstanding the orders of precedence
established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply.

D.

Organization of Contract Documents.

Organization of the Contract Documents
into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3 PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

At this conference the City and Contractor each s
hall designate, in writing, a specific individual
to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority
to transmit instructions, receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.

ARTICLE 4 CONTRACT DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge,
five (5)
copies of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site.

ARTICLE 5 EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A.

Examination of Contract Documents.

Before commencing any portion of the
Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements.

Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of

38077.00180\29080232.10

-62-
00 72 13 – GENERAL CONDITIONS

correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.

B.

Additional Instructions.

After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.

C.

Quality of Parts, Construction and Finish.

All parts of the Work shall be of the
best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish.

D.

Contractor’s Variation from Contract Document Requirements.

If it is found
that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 6 EXISTENCE OF UTILITIES AT THE WORK SITE
A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived
from such records are shown on the Plans.

B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities may not be not shown on the Plans. Any connections shown on the Plans are general locations. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.

C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordi
nating its Work with all utility companies
during the construction of the Work.

D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection.

38077.00180\29080232.10

-63-
00 72 13 – GENERAL CONDITIONS

E. Contractor, except in an emergency, shall contact the appropriate regional notification center (USA North), Northern California Underground Service Alert at 811 or 1-800-227-2600 or on-line at
usanorth811.org
at least two working days
prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

ARTICLE 7 SOILS INVESTIGATIONS
A. Reports and Drawings. The Special Conditions identify:

1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and

2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.

ARTICLE 8 CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor.Contractor shall continuously pr
ovide efficient supervision of the Project.

38077.00180\29080232.10

-64-
00 72 13 – GENERAL CONDITIONS

ARTICLE 9 WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed
from the Work and shall not be employed
on this Project.

ARTICLE 10 INDEPENDENT CONTRACTORS
Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to,
state unemployment compensation or workers’
compensation. Contractor assumes full res
ponsibility for the acts and omissions of its
employees or agents related to the Work.

ARTICLE 11 SUBCONTRACTS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the

City for the acts and
omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the

City.

B. The City reserves the right to accept all subcontractors. The

City’s acceptance of
any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.

C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 12 VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

38077.00180\29080232.10

-65-
00 72 13 – GENERAL CONDITIONS

ARTICLE 13 REQUESTS FOR SUBSTITUTION
A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein.

B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name.

C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles.

D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than 15 (15) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein.

The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests.

E. Substantiating data as described above shall include, at a minimum, the following information:

1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit.

2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified.

3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract.

4. Information detailing the durability and lifecycle costs of the proposed substitution.

38077.00180\29080232.10

-66-
00 72 13 – GENERAL CONDITIONS

F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package.

G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein.

H. The Contractor shall bear the costs of all City work associated with the review of substitution requests.

I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor.

ARTICLE 14 SHOP DRAWINGS
A. Contractor shall check and verify all
field measurements and shall submit with
such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other
provisions required by the Contract Documents.

Contractor shall sign all submittals a
ffirming that submittals have been reviewed
and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal
meets all the requirements of the Contract
Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal.

B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 15 SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.

38077.00180\29080232.10

-67-
00 72 13 – GENERAL CONDITIONS

C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 16 MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.

B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.

C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.

D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.

E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications.Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work.

G. The City shall provide compensation for actual quantities of materials installed in accordance with the Contract Documents and at the price set forth in the Contractor’s bid and/or executed change order. The City is not obligated to pay for materials stored on/off site but not yet installed in accordance with the Contract Documents.

38077.00180\29080232.10

-68-
00 72 13 – GENERAL CONDITIONS

ARTICLE 17 PERMITS AND LICENSES
A. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including
encroachment permits, and shall pay all
fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection
and required approvals to the City.Any
construction permits required by City for
performing any work on this project will
be issued by City at no charge to Contractor. Contractor and all subcontractors shall maintain a City business license at all times they are performing the Work.

ARTICLE 18 TRENCHES
A.

Trenches Five Feet or More in Depth.

Contractor shall submit to the Engineer
at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations.

The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit.

B.

Excavations Deeper than Four Feet.

If the Work involves excavating trenches
or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions:

1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a

38077.00180\29080232.10

-69-
00 72 13 – GENERAL CONDITIONS

decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 19 DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances, and provide the City Engineer with detailed records and quantities of the materials that were sent to recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 20 REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

ARTICLE 21 SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other sanitary facilities required by Cal/OSHA shall be the responsibility of the Contractor.

38077.00180\29080232.10

-70-
00 72 13 – GENERAL CONDITIONS

ARTICLE 22 AIR POLLUTION CONTROL
Contractor shall comply with all air pollution and dust control rules, regulations, ordinances and statutes, including, but not limited to, those required by thet Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

ARTICLE 23 LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense.

ARTICLE 24 TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City.

Costs of tests for Work found not to be in compliance shall be paid by the Contractor.

B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.

C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.

D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work.

E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and

38077.00180\29080232.10

-71-
00 72 13 – GENERAL CONDITIONS

reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 25 PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed.

Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.

B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.

ARTICLE 26 CONTRACTOR’S MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

ARTICLE 27 AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.Contractor shall provide safe and proper facilities for such access.

ARTICLE 28 HOURS OF WORK
A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided.

Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon

38077.00180\29080232.10

-72-
00 72 13 – GENERAL CONDITIONS

compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.

B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California.

C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the
provisions of Article 3 (commencing at
section 1810), Chapter 1, Part 7, Division 2 of the Labor Code.

D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. Contractor shall also timely notify the City when work will be perfomed outside regular working hours or on weekends or holidays.

E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance.

F. Refer to the most current version of the City of Milpitas Noise Abatement Ordinance, Ord. 196.6 of the Municipal Code Section V-213. It shall be unlawful for any person to engage or permit to engage in construction of any building or related road or walkway, pool, or landscape improvement or in the construction operations related thereto including to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 7:00 p.m., Monday through Sunday, unless otherwise approved by the City:

1. Powered Vehicles

2. Construction Equipment

3. Loading and Unloading Vehicles

4. Domestic Power Tools
ARTICLE 29 PAYROLL RECORDS; LABOR COMPLIANCE
A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman,

38077.00180\29080232.10

-73-
00 72 13 – GENERAL CONDITIONS

apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate.

Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.

B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and
agents free and harmless from any claim or
liability arising out of stop orders issued
by the Department of Industrial Relations
against Contractor or any subcontractor.

D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:

1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.

2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR.

E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.

F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated.

G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to

38077.00180\29080232.10

-74-
00 72 13 – GENERAL CONDITIONS

receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the 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 compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due.

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

ARTICLE 30 PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq.

and 1770
et seq.
, as well as California Code of Regulations, Title 8, Section 16000
et seq.
(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at t
he commencement of this Contract from
the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.

B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.

C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

38077.00180\29080232.10

-75-
00 72 13 – GENERAL CONDITIONS

ARTICLE 31 PUBLIC WORKS CONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is ex
empt pursuant to the small project exemption
specified in Labor Code Sections 1725.5 and 1771.1.

ARTICLE 32 EMPLOYMENT OF APPRENTICES
A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices.

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

C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7.

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

ARTICLE 33 NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law.

Employment Eligibility; Contractor. By executing
this Contract, Contractor verifies that it fully
complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this

38077.00180\29080232.10

-76-
00 72 13 – GENERAL CONDITIONS

Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method.

Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours.

The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.

Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

Employment Eligibility; Failure to Comply. Ea
ch person executing this Contract on behalf of
Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 34 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform
work on a public project pursuant to Labor Code
section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.

ARTICLE 35 LABOR/EMPLOYMENT SAFETY
The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States.

The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq
.), and
California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.

The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain

38077.00180\29080232.10

-77-
00 72 13 – GENERAL CONDITIONS

a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program.

ARTICLE 36 INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to te
rminate this Contract for cause. Contractor
shall furnish City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.

A.

Additional Insureds; Waiver of Subrogation
. The City, its elected and
appointed officials, officers, attorneys, agents employees and volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties.

B.

Workers’ Compensation Insurance
. The Contractor shall provide workers’
compensation insurance for all of t
he employees engaged in Work under this
Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

38077.00180\29080232.10

-78-
00 72 13 – GENERAL CONDITIONS

C.

Employer’s Liability Insurance
. Contractor shall provide Employer’s Liability
Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

D.

Commercial General Liability Insurance
. Contractor shall provide
“occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than one million dollars and zero cents ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits.

1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations
to the City, and shall not preclude
the City from taking such other actions available to the City under other provisions of the Contract Documents or law.

2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.

3. All general liability policies shall be
written to apply to all bodily injury,
including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property.

4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as

38077.00180\29080232.10

-79-
00 72 13 – GENERAL CONDITIONS

possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

E.

Automobile Liability Insurance
. Contractor shall provide “occurrence” form
Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars and zero cents ($1,000,000.00) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

F.

Builder’s Risk [“All Risk”]
.

1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work.

2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City.

3. Policy shall be provided for replacement value on an “all risk” basis.

There shall be no coinsurance penalty provision in any such policy.

Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off

38077.00180\29080232.10

-80-
00 72 13 – GENERAL CONDITIONS

the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit.

4. In addition, the policy shall meet the following requirements:
a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage.

G.

Contractor’s Pollution Liability Coverage
. Contractor shall provide pollution
liability insurance in an amount not less than one million dollars and zero cents ($1,000,000.00) per occurrence and two million dollars and zero cents ($2,000,000.00) aggregate.

H. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.

ARTICLE 37 FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self- insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.

B. Each insurance policy required by this Contract shall be endorsed to state that:
(1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers.

38077.00180\29080232.10

-81-
00 72 13 – GENERAL CONDITIONS

C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.

D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.

F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

ARTICLE 38 TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A.

Time for Completion/Liquidated Damages.

Time is of the essence in the
completion of the Work. Work shall be commenced within ten (10) Days
of the
date stated in the City’s Notice to Proceed and shall be completed by Contractor specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed as determined by the City. Contractor and its surety shall be liable for

38077.00180\29080232.10

-82-
00 72 13 – GENERAL CONDITIONS

any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.

B.

Inclement Weather.

Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. The
Contractor shall implement measures
and make contingencies as may be required to protect the Work and to all allow Work to proceed during wet or inclement weather to prevent delay or stoppage.

C.

Extension of Time.

Contractor shall not be charged liquidated damages
because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.

D.

No Damages for Reasonable Delay.

The City’s liability to Contractor for delays
for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 39 SCHEDULE OF VALUES, COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City:

A. When requested by the Engineer, and within ten (10) Days of Notice to Proceed with the Contract, the Contractor shall provide a Schedule of Values consisting of a detailed estimate giving a complete breakdown of the Contract price for each lump sum bid item in the Contract.

B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.

C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.

38077.00180\29080232.10

-83-
00 72 13 – GENERAL CONDITIONS

D. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.

E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 40 PROGRESS ESTIMATES AND PAYMENT
A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include any amount earned for authorized extra work.

From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids.

From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request.

B. The Contractor shall provide an updated project schedule with each payment request.

C. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover:

1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract.

2. Defective work not remedied.

3. Failure of Contractor to make proper payments to his subcontractor or for material or labor.

4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.

5. Damage to another contractor or a third party.

6. Amounts which may be due the City for claims against Contractor.

7. Failure of Contractor to keep the record (“as-built”) drawings up to date.

38077.00180\29080232.10

-84-
00 72 13 – GENERAL CONDITIONS

8. Failure to provide update on construction schedule as required herein.

9. Site cleanup.

10. Failure to comply with Contract Documents.

11. Liquidated damages.

12. Legally permitted penalties.

D. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor.

E. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor,

provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement.

F. A payment request shall be considered pr
operly executed if funds are available
for payment of the payment request and pa
yment is not delayed due to an audit
inquiry by the financial officer of the City.

ARTICLE 41 SECURITIES FOR MONEY WITHHELD
Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.

ARTICLE 42 CHANGES AND EXTRA WORK.

A.

Contract Change Orders.

38077.00180\29080232.10

-85-
00 72 13 – GENERAL CONDITIONS

1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.

2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation shall be presented in writing. No claim will be considered after the Work in question has been completed unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.

3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract.

4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously.

6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52.

7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties.

B.

Contract Price Change.

1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days.

38077.00180\29080232.10

-86-
00 72 13 – GENERAL CONDITIONS

b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury.
e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.

2. Unit Price Change Orders.
a. When the actual quantity of a Unit Price item is found to vary from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price.

This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. Contractor shall immediately inform the Engineer when the actual quanities vary from estimated quantities.
b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders.
c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs. d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon

38077.00180\29080232.10

-87-
00 72 13 – GENERAL CONDITIONS

notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents.

3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation,
apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery.

Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion.
c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed.

4. Time and Materials Change Orders.
a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items.
b. Timely and Final Documentation.

38077.00180\29080232.10

-88-
00 72 13 – GENERAL CONDITIONS

i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and
records of rental equipment hours to the City’s
Representative for an approval signature
each day

Additional Work is performed. Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only
serves as verification that the Work was performed and is not indicative of City’s agreement to Contractor’s
entitlement to the cost.
ii. T&M Daily Summary Sheets. All documentation of
incurred costs (“T&M Daily Summary Sheets”) shall be
submitted by Contractor within
three (3) Days
of incurring
the cost for labor, material, equipment, and special
services as Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet
shall include Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily
Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s failure to submit the T&M Daily
Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs.
iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include
total actual costs, within
seven (7) Days
following
completion of City approved Additional Work. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material,
equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven
(7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs
associated with the T&M Summary Sheets or the
performance of the Additional Work.
c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work.

The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the

38077.00180\29080232.10

-89-
00 72 13 – GENERAL CONDITIONS

workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled
Labor Surcharge and Equipment Rental Rates
,
which is in effect on the date upon which the Work is
accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages.
i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental.
ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the
superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead.
d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be
credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor.
ii. 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.
iii. 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 Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower.
iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish
satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current
wholesale price for the total quantity concerned delivered to the Project site less trade discounts.

38077.00180\29080232.10

-90-
00 72 13 – GENERAL CONDITIONS

v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by
Contractor for costs of such materials or Indirect Costs or profit on City furnished materials.
e. Equipment.
i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in
productive operation on the Additional Work being
performed and, in addition, shall include the time required to move the equipment to the location of the Additional 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 if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work.
(a) Rental Time Not Allowed. Rental time will not be
allowed while equipment is inoperative due to
breakdowns.
(b) Computation Method. The following shall be used
in computing the rental time of equipment on the
Project site.
(i) When hourly rates are paid, 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.
(ii) When daily rates are paid, any part of a day
less than 4 hours operation shall be
considered to be 1/2-day of operation, and
any part of an hour in excess of 4 hours will
be considered one day of operation.
ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled
Labor
Surcharge and Equipment Rental Rates
, which is in effect
on the date upon which the Contract was executed. Such rental rates will be used to compute payments for
equipment whether the equipment is under Contractor’s
control through direct ownership, leasing, renting, or
another method of acquisition. The rental rate to be
applied for use of each item of equipment shall be the rate

38077.00180\29080232.10

-91-
00 72 13 – GENERAL CONDITIONS

(i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the
publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s
Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment.
(a) For Contractor-owned equipment, the allowed
equipment rental rate will be limited to the monthly
equipment rental rate using a utilization rate of 173
hours per month.
(b) For Contractor-owned equipment, the rental time to
be paid for equipment on the Site shall be the time
the equipment is in productive operation, unless, in
the instance of standby time, the equipment could
be actively used by Contractor on another project,
then City shall pay for the entirety of the time the
equipment is on Site. It shall be Contractor’s
burden to demonstrate to the City that the
equipment could be actively used on another
project.
(i) All equipment shall, in the opinion of the
City’s Representative, be in good working
condition and suitable for the purpose for
which the equipment is to be used.
(ii) Before construction equipment is used on
the Additional Work, 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 and the
scheduled Additional Work activities
planned.
(iii) Unless otherwise specified, manufacturer’s
rating 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.

38077.00180\29080232.10

-92-
00 72 13 – GENERAL CONDITIONS

f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services. When the City’s
Representative and Contractor determine that a special
service is required which cannot be performed by the
forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity
especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative.
ii. Discount and Allowance. 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 Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and
Profit will be added to invoices for Special Services.
iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special
services, Contractor shall solicit competitive bids for those special services.
g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit. i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general
managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by
Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work;
ii. Office Expenses. Expenses of Contractor’s principal and branch offices;
iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital
employed for the Additional Work and charges against
Contractor for delinquent payments;

38077.00180\29080232.10

-93-
00 72 13 – GENERAL CONDITIONS

iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or
equipment wrongly supplied, and making good any
damage to property;
v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents;
vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
vii. Administrative Costs. Costs associated with the
preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims;
viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or
unpaid retention;
ix. Home Office Overhead. Costs derived from the
computation of a “home office overhead” rate by
application of the
Eichleay, Allegheny
, burden fluctuation,
or other similar methods;
x. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct
employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the
Additional Work.
h. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding
overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor
and subcontractors at cost only, without mark-up.

Contractor shall provide City with documentation of the costs, including, but not limited to, payroll records,
invoices, and such other information as City may
reasonably request.

38077.00180\29080232.10

-94-
00 72 13 – GENERAL CONDITIONS

ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen
percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the
subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen
percent (15%) of the sub-subcontractor’s Net Cost for
Work to which the subcontractor and general contractor
may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein, of the party that performs the Work.

5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawi
ngs, field drawings, Shop Drawings,
including submissions of drawi
ngs; field inspection; General
Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Sma
ll tools, incidentals and consumables;
Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums.

6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub- subcontractors

7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.

38077.00180\29080232.10

-95-
00 72 13 – GENERAL CONDITIONS

8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.

9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require.

C.

Change of Contract Times.

1. The Contract Times may only be changed by a Change Order.

2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order.

3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accurate data in support of the request.

No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.

38077.00180\29080232.10

-96-
00 72 13 – GENERAL CONDITIONS

4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors.

5. Use of Float and Critical Path.
a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion.

Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.

6. Contractor’s entitlement to an extension of the Contract Times is limited to a City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time. a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor.

Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays.

Contractor must submit a timely request in accordance with the requirements of this Article.
c. Utility-Related Delays.
i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction
schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article.
ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or

38077.00180\29080232.10

-97-
00 72 13 – GENERAL CONDITIONS

alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.

7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or
organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects.
b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event.

8. No Damages for Reasonable Delay.
a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
b. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such

38077.00180\29080232.10

-98-
00 72 13 – GENERAL CONDITIONS

extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.

10. Contractors submission of daily construction reports and schedule updates in accordance with these Contract Documents is required for the evaluation of the merits of time extension request. Failure of the Contractor to submit daily construction reports and schedule updates shall constitute a waiver of its right to seek a time extension or additional compensation.

ARTICLE 43 FINAL ACCEPTANCE AND PAYMENT
A. Final Inspection. Upon written notice from Contractor that the entire Work is complete, the Engineer will promptly make a final inspection and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

B. Final Acceptance. After Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, marked-up record documents (as-builts), and other documents required by the Contract Documents, the City shall execute and file with the County in which the Project is located a Notice of Completion, constituting final acceptance and completion of the Project, except as may be expressly noted.

C. Final Payment.

1. Application for Payment. Upon execution of the Notice of Completion, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied (except as previously delivered) by: all documentation called for in the Contract Documents, including but not limited to a fully completed Conditional Waiver and Release on Final Payment

2. City’s Review of Application and Acceptance. If, on the basis of the City’s observation of the Work during construction and final inspection, and review of the final Application for Payment and accompanying documentation as required by the Contract Documents, the City is satisfied that the Work has been completed and Contractor has satisfied all other requirements for final payment, the City will process the final payment appllication. Otherwise, the City will return the payment application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the application for payment.

38077.00180\29080232.10

-99-
00 72 13 – GENERAL CONDITIONS

3. Payment Becomes Due. Within sixty (60) Days after the presentation to the City of the proper and complete final application for payment and accompanying documentation, the amount recommended by the Engineer, less any sum the City is entitled to set off pursuant to the Contract Documents, will become due and will be paid by the City to Contractor.

D. Waiver of Claims. The making and acceptance of final payment will constitute a waiver of all Claims by Contractor agai
nst the City other than those previously
made in accordance with the requirements herein and expressly acknowledged by the City in writing as still unsettled.

ARTICLE 44 OCCUPANCY
The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract.This use shall not relieve
the Contractor of its responsibilities under the
Contract.

ARTICLE 45 INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against:

A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of ever
y kind or nature whatsoever, but not limited
to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the
Work or this Contract, including claims
made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers.

B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from
Contractor’s Work during the course of
construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements.

C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;

38077.00180\29080232.10

-100-
00 72 13 – GENERAL CONDITIONS

D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on th
is provision shall be those imposed by Civil
Code section 2782.

ARTICLE 46 PROCEDURE FOR RESOLVING DISPUTES
Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 42, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.

A.

Intent.

Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process ut
ilizing informal conferences, non-binding
judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.

This Article shall be construed to be consistent with said statutes.

B.

Claims.

For purposes of this Article, “C
laim” means a separate demand by the
Contractor, after a change order duly requested in accordance with Article 42 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 42, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise

38077.00180\29080232.10

-101-
00 72 13 – GENERAL CONDITIONS

provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C.

Supporting Documentation.

The Contractor shall submit all claims in the following format:

1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

2. List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other

3. Chronology of events and correspondence

4. Analysis of claim merit

5. Analysis of claim cost

6. Time Impact Analysis in CPM format
D.

City’s Response.

Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement.

1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it

38077.00180\29080232.10

-102-
00 72 13 – GENERAL CONDITIONS

shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E.

Meet and Confer.

If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute.

F.

Mediation.

Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

2. For purposes of this section, m
ediation includes any nonbinding process,
including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

38077.00180\29080232.10

-103-
00 72 13 – GENERAL CONDITIONS

G.

Procedures After Mediation.

If following the mediation, the claim or any portion
remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H.

Civil Actions.

The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I.

Government Code Claims.

In addition to any and all contract requirements
pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed.

A
Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

38077.00180\29080232.10

-104-
00 72 13 – GENERAL CONDITIONS

J.

Non-Waiver.

The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.

ARTICLE 47 CITY’S RIGHT TO TERMINATE CONTRACT
A.

Termination for Cause by the City:

1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract.

This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations.

2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor.

3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any