Shafter City Council
June 16, 2026

12. 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.

13. 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, subsubcontractors 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, subsubcontractors 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.

14. 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 thirty-five (35) 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:

i. 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.
ii. 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. iii. 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. iv. Information detailing the durability and lifecycle costs of the proposed substitution.

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.

15. 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 affirming 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.

16. 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.

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.

17. 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.

18. PERMITS AND LICENSES
A. City will apply and pay for the review of necessary encroachment permits for Work within the public rightsof-way. 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.

B. The Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. Payment by City to Contractor under the Permit and Inspection Allowance Bid Item shall be made based on actual cost receipts only and in accordance with the provisions of these specifications.

19. 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:
i. 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. ii. Subsurface or latent physical conditions at the site differing from those indicated. iii. 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
C. 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 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.

D. 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.

20. TRAFFIC CONTROL
A. Traffic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction. Traffic control plans, if required, shall be prepared at Contractor’s expense, and traffic control shall be performed at Contractor’s expense in accordance with the requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance included within the Bid Form includes the cost of required traffic control permit(s) and construction inspection by the Agency(s) of Jurisdiction only. The Permit and Inspection Allowance does not include costs for preparation of any required traffic control plans, implementation of any traffic control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of Jurisdiction shall be included in the Contractor’s Bid.

B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency.

The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the project for approval prior to starting work.

C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she

has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways.

The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled rights-of-way after working hours unless otherwise approved by the Engineer.

21. 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. 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.

22. 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.

23. 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.

24. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. 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.

25. 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.

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

27. 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.

28. 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.

29. 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.

30. HOURS OF WORK
A. If the total compensation under this Contract exceeds $25,000, then pursuant to 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 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.

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. It shall be unlawful for any person 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 5:00 p.m., Monday through Friday, with no Work allowed on the City-observed holidays, unless otherwise approved by the City:
i. Powered Vehicles
ii. Construction Equipment
iii. Loading and Unloading Vehicles
iv. Domestic Power Tools

31. PAYROLL RECORDS; LABOR COMPLIANCE
A. If the total compensation under this Contract exceeds $25,000, then 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, 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:
i. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his, her, or its or her authorized representative on request. ii. 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 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.

32. 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 $25,000 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 the 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.

33. PUBLIC WORKS CONTRACTOR REGISTRATION
If the total compensation under this Contract exceeds $25,000, then 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 exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

34. EMPLOYMENT OF APPRENTICES
A. If the total compensation under this Contract exceeds $35,000, 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.

35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
A. 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 ensure 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.

B. 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 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.

C. 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.

D. Employment Eligibility; Failure to Comply. Each 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.

36. 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.

37. LABOR/EMPLOYMENT SAFETY
A. 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.

B. The Contractor shall maintain emergency first aid treatment for his, her, or its 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.

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

38. INSURANCE
A. 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 terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements evidencing 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.

B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the 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, her, or its employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his, her, or its insurance protecting Contractor’s employees. 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.

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, one million dollars ($1,000,000) by disease-policy limit, and one million dollars ($1,000,000) by diseaseeach employee. 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 and provide a Waiver of Subrogation endorsement 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 Insurance Services Office (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 four million dollars ($4,000,000) per occurrence, eight million dollars ($8,000,000) general aggregate, and four million dollars ($4,000,000) products and completed operations aggregate for bodily injury, personal injury and property damage. The general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be doubled. Defense costs shall be paid in addition to the limits. i. 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. ii. All commercial general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
iii. All commercial 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. iv. 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, comprehensive “follow form” excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall be primary and include the additional insured endorsements described in the Contract Documents. v. The policy(s) shall provide and be endorsed to include the City, its officials, officers, employees, agents, and authorized volunteers as Additional Insureds using ISO CG forms 20 10 for ongoing operations and 20 37 for complete operations (or endorsements providing the exact same coverage), and, for subcontractors’ policies of commercial general liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage).
vi. The commercial general liability insurance shall allow and be endorsed as primary and not seek contribution from the City’s coverage.
vii. All policies of commercial general liability insurance shall be endorsed to 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.
viii. 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.

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 ($1,000,000) 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.
i The policy(s) shall provide and be endorsed to include the City, its officials, officers, employees, agents, and authorized volunteers as Additional Insureds. ii 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. Contractor’s Pollution Liability Coverage
G. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. The policy shall provide coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. All activities contemplated in this Contract shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste

from the project site to the final disposal location, including non-owned disposal sites. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds.

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.

39. 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 selfinsured 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. 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.

C. The Certificates(s) and policies of insurance 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. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City of a cancellation no later than ten (10) business days before cancellation. 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.

40. 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 in the time 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. Contractor and its surety shall be liable for 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.

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.

41. COST BREAKDOWN AND PERIODIC ESTIMATES
A. Contractor shall furnish on forms Approved by the City:
i. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a complete breakdown of the Contract price, if the Contract amount is a lump sum. ii. 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.
iii. 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. iv. 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. v. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

B. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately

reflect the Work on the Project.

42. 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 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:
i. 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.
ii. Defective work not remedied.
iii. Failure of Contractor to make proper payments to his subcontractor or for material or labor. iv. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid.
v. Damage to another contractor or a third party.
vi. Amounts which may be due the City for claims against Contractor. vii. Failure of Contractor to keep the record (“as-built”) drawings up to date. viii. Failure to provide update on construction schedule as required herein. ix. Site cleanup.
x. Failure to comply with Contract Documents.
xi. Liquidated damages.
xii. Legally permitted penalties.

C. 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.

D. 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.

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

43. 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.

44. CHANGES AND EXTRA WORK.

A. Contract Change Orders.
i. 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. ii. 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 to the Contractor shall be presented in writing. No claim will be considered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor.
iii. 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.
iv. 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. v. 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.
vi. 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 the Article entitled “DOCUMENT RETENTION & EXAMINATION”.
vii. 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.
i. Process for Determining Adjustments in Contract Price.

1) 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.
2) 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.
3) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
4) 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. 5) 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.
ii. Unit Price Change Orders.
1) When the actual quantity of a Unit Price item varies 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.
2) 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. 3) Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs.
4) 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 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.
5) The City or Contractor may make a Claim for an adjustment in the Unit Price in accordance with the Contract Documents if:
a) the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and
b) there is no corresponding adjustment with respect to any other item of Work; and c) Contractor believes that Contractor is entitled to an increase in Unit Price as a result of having incurred additional expense or the City believes that the City is entitled to a

decrease in Unit Price and the parties are unable to agree as to the amount of any such increase or decrease.
iii. Lump Sum Change Orders: Contractor shall incorporate the provisions of this Section into all agreements with Subcontractors. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be according to the following:
1) Overview. The Contractor will submit a properly itemized Lump Sum Change Order Proposal covering the Additional Work and/or the work to be deleted. This proposal will be itemized for the various components of the Additional Work and segregated by labor, material, and equipment in a detailed format satisfactory to the City. The City will require itemized change orders on all change order proposals from the Contractor, subcontractors, and sub-subcontractors regardless of tier. Details to be submitted will include detailed line item estimates showing detailed materials quantity take-offs, material prices by item and related labor hour pricing information and extensions (by line item or by drawing as applicable).
2) 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. Estimated labor hours must only include hours for those workmen and working foremen directly involved in performing the change order work. Supervision above the level of working foremen (such as general foremen, superintendent, project manager, etc.) is considered to be included in the markup percentages as outlined below. Note that no separate allowances for warranty expense will be allowed as a direct cost of a change order. Costs attributed to warranty expenses will be considered to be covered by the markup.
3) Labor Burden. Labor burden allowable in change orders shall be defined as employer's net actual cost of payroll taxes (FICA, Medicare, SUTA, FUTA), net actual cost for employer's cost of union benefits (or other usual and customary fringe benefits if the employees are not union employees), and net actual cost to employer for worker's compensation insurance taking into consideration adjustments for experience modifiers, premium discounts, dividends, rebates, expense constants, assigned risk pool costs, net cost reductions due to policies with deductibles for self-insured losses, assigned risk rebates, etc. Contractor shall reduce their standard payroll tax percentages to properly reflect the effective cost reduction due to the estimated impact of the annual maximum wages subject to payroll taxes. An estimated percentage for labor burden may be used for pricing change orders. However, the percentage used for labor burden to price change orders will be examined at the conclusion of the Project and an adjustment to the approved change orders will be processed if it is determined that the actual labor burden percentage should have been more or less than the estimated percentage used. 4) 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. Estimated material change order costs shall reflect the Contractor's reasonably anticipated net actual cost for the purchase of the material needed for the change order work. Estimated material costs shall reflect cost reductions available to the Contractor due to “non-cash” discounts, trade discounts, free material credits,

and/or volume rebates. “Cash” discounts (i.e., prompt payment discounts of 2% or less) available on material purchased for change order work shall be credited to the City if the Contractor is provided the City funds in time for Contractor to take advantage of any such “cash” discounts.

The portion of any “cash” discounts greater than 2% will not be considered “non-cash” discount for purposes of this provision. Price quotations from material suppliers must be itemized with unit prices for each specific item to be purchased. "Lot pricing" quotations will not be considered sufficient substantiating detail.
5) 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. Allowable change order estimated costs may include appropriate amounts for rental of major equipment specifically needed to perform the change order work (defined as tools and equipment with an individual purchase cost of more than $750). For Contractor owned equipment, the "bare" equipment rental rates allowed to be used for pricing change order proposals shall be 75% of the monthly rate listed in the most current publication of The AED Green Book divided by 176 to arrive at a maximum hourly rate to be applied to the hours the equipment is used performing the change order work. Further, for Contractor owned equipment, the aggregate equipment rent charges for any single piece of equipment used in all change order work shall be limited to 50% of the fair market value of the piece of equipment when the first change order is priced involving usage of the piece of equipment. Fuel necessary to operate the equipment will be considered as a separate direct cost associated with the change order work.
6) Maximum Markup Percentage Allowable on Self-Performed Work. With respect to pricing change orders, the maximum markup percentage to be paid to any Contractor or subcontractor (regardless of tier) on self-performed work shall be a single markup percentage not-to-exceed fifteen percent (15%) of the net direct cost of (1) direct labor and allowable labor burden costs applicable to the change in the Work; (2) the net cost of material and installed equipment incorporated into the change in the Work, and (3) net rental cost of major equipment and related fuel costs necessary to complete the change in the Work. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing, the change order work, and the remaining 1/3 to cover home office overhead costs and profit 7) Maximum Markup Percentages Allowable on Work Performed by Lower Tier Subcontractors.

With respect to pricing the portion of change order proposals involving Work performed by lower tier contractors, the maximum markup percentage allowable to the Contractor or subcontractor supervising the lower tier subcontractor's work shall not exceed five percent (5%) of the net of all approved change order work performed by all subcontractors combined for any particular change order proposal. The markup computed using the above formula shall be considered to be allocated 2/3 to cover applicable overhead costs directly attributable to the field overhead costs related to processing, supervising and performing the change order work, and the remaining 1/3 to cover home office overhead costs and profit.
8) No Markup on Bonds and Liability Insurance Costs. Change order cost adjustments due to increases or decreases in bond or insurance costs (if applicable) shall not be subject to any markup.
9) Direct and Indirect Costs Covered by Markup Percentages. As a further clarification, the agreed upon markup percentage set forth above is intended to cover the Contractor's profit and all indirect costs associated with the change order work. Items intended to be covered by the markup percentage include, but are not limited to: home office expenses, branch office and field office overhead expense of any kind, project management, superintendents, general foremen,

estimating, engineering, coordinating, expediting, purchasing, detailing, legal, accounting, data processing or other administrative expenses, shop drawings, permits, auto insurance and umbrella insurance, pick-up truck costs, and warranty expense costs. The cost for the use of small tools is also to be considered covered by the markup percentage established above. Small tools shall be defined as tools and equipment (power or non-power) with an individual purchase cost of less than $750.
10) Deduct Change Orders and Net Deduct Changes. The application of the markup percentages referenced above will apply to both additive and deductive change orders. In the case of a deductive change order, the credit will be computed by applying the sliding scale percentages as outlined above so that a deductive change order would be computed in the same manner as an additive change order. In those instances where a change involves both additive and deductive work, the additions and deductions will be netted, and the markup percentage adjustments will be applied to the net amount.
11) Contingency. In no event will any lump sum or percentage amounts for "contingency" be allowed to be added as a separate line item in change order estimates. Unknowns attributable to labor hours will be accounted for when estimating labor hours anticipated performing the work.

Unknowns attributable to material scrap and waste will be estimated as part of material costs. 12) Insurance and Bonds. In the event the Contractor has been required to furnish insurance and/or bonds as part of the base contract price, a final contract change order will be processed to account for the Contractor's net increase or decrease in insurance costs and/or bond premium costs associated with change orders to Contractor's base Contract Price. iv. Time and Materials Change Orders.
1) General. The term Time and Materials (T&M) 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.
2) Timely and Final Documentation.
a) 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.
b) 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.
c) 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.
3) 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 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. a) 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. b) 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. 4) 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. a) 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. b) 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.
c) 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.
d) 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. e) 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.
5) Equipment.

a) 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.
(i) Rental Time Not Allowed. Rental time will not be allowed while equipment is inoperative due to breakdowns.
(ii) Computation Method. The following shall be used in computing the rental time of equipment on the Project site.
(1) 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. (2) 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.
b) 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 (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.
c) Contractor-Owned Equipment.
(i) 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. (ii) 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.
d) 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. e) 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. f) 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.

6) 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.
a) 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.
b) 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. c) 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. 7) 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. a) 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; b) Office Expenses. Expenses of Contractor’s principal and branch offices; c) 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;
d) 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; e) 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; f) Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor;
g) Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; h) 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; i) 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; j) 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.
8) 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:
a) “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. b) 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. c) 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. d) 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.
e) 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. v. 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, drawings, field drawings, Shop Drawings, including submissions of drawings; 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; Small 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. vi. 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 subsubcontractors vii. 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. viii. 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. ix. 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.
x. 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.
i. The Contract Times may only be changed by a Change Order. ii. 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. iii. 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. 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.
iv. 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.
v. Use of Float and Critical Path.
1) 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.
2) Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion. vi. 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 Citycaused delay extends the critical path beyond the previously approved Contract Time. 1) 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. 2) 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.

3) Utility-Related Delays.
a) 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.
b) Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey.
vii. 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:
1) 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.
2) 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.
viii. No Damages for Reasonable Delay.
1) 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. 2) Damages caused by unreasonable City delay that impact the critical path, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be compensated at the Daily Rate established in the Special Conditions. No other calculations, proportions or formulas shall be used to calculate any delay damages. 3) 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.
ix. 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 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.

45. FINAL ACCEPTANCE AND PAYMENT
A. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. When the Work has been accepted there shall be paid to Contractor a sum equal to the contract price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the contract. The final five percent (5%), or the percentage specified in the notice inviting bids where the City has adopted a finding of substantially complete, shall not become due and payable until five (5) calendar days shall have elapsed after the expiration of the period within which all claims may be filed under the provisions of Civil Code section 9356.

If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the contract price less any amounts due the City under the terms of the Contract.

B. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the notice inviting bids where the City has adopted a finding of substantially complete, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this work and for every act of negligence of the City and for all other claims relating to or arising out of this work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this contract.

C. In case of suspension of the contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the contract price.

D. Final payment shall be made no later than 60 days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount.

E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its subcontractors from whom retention has been withheld each subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor if the payment is consistent with the terms of the subcontract.

46. 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.

47. INDEMNIFICATION
A. 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:
i. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every 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.
ii. 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. iii. 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; iv. 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.

B. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, 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 this provision shall be those imposed by Civil Code section 2782.

48. PROCEDURE FOR RESOLVING DISPUTES
A. 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 the Article entitled “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.

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

C. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change

order duly requested in accordance with the Article entitled “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. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this 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 the Article entitled “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 fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim.

Nothing herein is intended to extend the time limit or supersede notice requirements otherwise 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.

D. Supporting Documentation. The Contractor shall submit all claims in the following format:
i. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
ii. List of documents relating to claim:
1) Specifications
2) Drawings
3) Clarifications (Requests for Information)
4) Schedules
5) Other
iii. Chronology of events and correspondence
iv. Analysis of claim merit
v. Analysis of claim cost
vi. Time impact analysis in CPM format
vii. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
viii. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

E. 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.
i. 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.
ii. 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 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.

F. 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.

G. 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.
i. 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.
ii. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. 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.

H. 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.

I. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:
i. 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.
ii. 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.

J. 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.

K. 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.

49. CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause by the City:
i. 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. ii. 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.
iii. 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 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 cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article.

B. Termination for Convenience by the City:
i. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest. ii. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination. iii. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. 3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. 4) Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. 5) Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract.
6) Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract

pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
iv. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed.
v. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts:
1) All actual reimbursable costs incurred according to the provisions of this Contract. 2) A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs. 3) A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article.
vi. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

50. WARRANTY AND GUARANTEE OF WORK
A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor.

B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected.

Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above-mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand.

C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this

Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required.

D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor.

E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense.

G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.

H. Acceptance of Defective Work.
i. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and 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) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work. ii. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City. iii. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.
iv. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City.

I. City May Correct Defective Work.
i. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency.
ii. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and

the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work. iii. All claims, costs, losses, and 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) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. iv. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work.
v. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City.
vi. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City.
vii. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work.

J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15.

51. DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.

B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.

C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

52. SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this Work or on the Project site.

Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.

B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents.

C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution

of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification.

55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

56. INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.

57. ASSIGNMENT OF CONTRACT
Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

60. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

61. CONTROLLING LAW
Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions.

62. JURISDICTION; VENUE
Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Kern County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action.

63. LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom.

B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.

64. PATENTS
Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract.

65. OWNERSHIP OF CONTRACT DOCUMENTS
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the

Work.

66. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

67. SURVIVAL OF OBLIGATIONS
All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

END OF GENERAL CONDITIONS

SPECIAL CONDITIONS

1. ENGINEER OF RECORD.

For purposes of this Project, the Engineer of Record or Engineer shall be: RAVI PUDIPEDDI, PE

2. LOCATION OF THE PROJECT.

The Project is located within the sphere of influence for the City of Shafter, County of Kern, State of California.

For a more precise location, Bidder’s attention is directed to the Plans that accompany this document.

3. SHARED COST SAVINGS FOR REDUCTIONS IN CONTRACT PRICE; VALUE ENGINEERING.

A. NONE.

4. STATUS OF THE PROJECT AREA AND RIGHTS-OF-WAY.

A. City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Union Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work.

B. City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work.

C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents.

D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City.

E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City.

5. SITE DATA.

A. The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents.

B. Subsurface Exploration Data. The following data are included in the Project Manual:

C. Other Site Data. The following data are available for inspection at City’s office:

D. Copies of these reports, drawings and other materials may be examined at City’s office during regular business hours.

6. PRE-PURCHASED OR PRE-NEGOTIATED MATERIAL.

A. NONE.

7. DESIGNATION OF CITY’S REPRESENTATIVE
Unless otherwise modified by City, City’s Representative shall be ERIC VASQUEZ. STREETS SUPERVISOR .

8. MODIFICATION OF HOURS OF WORK.

A. NONE.

9. PROJECT RETENTION
In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project.

10. REVERSE LIQUIDATED DAMAGES DUE TO UNREASONABLE CITY DELAY.

A. In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work.

B. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of ONE THOUSAND DOLLARS ($1,000) per Day of delay in excess of the time specified for the Completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

11. LIQUIDATED DAMAGES DUE TO CONTRACTOR DELAY.

A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to ONE THOUSAND DOLLARS ($1,000) per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified.

B. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor.

12. UTILITY OUTAGES – NOTICES TO RESIDENTS.

A. Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage. Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage.

B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage.

13. SCHEDULE CONSTRAINTS.

A. NONE

14. NOISE RESTRICTIONS
A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.

B. Contractor shall comply with the most restrictive of the following:

i. local sound control and noise level rules, regulations and ordinances, and ii. the requirements contained in these Contract Documents, including hours of operation requirements.

C. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

15. SAFETY PROGRAMS.

A. In addition to all other safety requirements of the Contract Documents, Contractor must comply with the following additional safety programs at all times during the completion of the Work. i. NONE
B. City has considered these Safety Programs when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Programs.

16. COORDINATION WITH OTHER CONTRACTORS.

A. In addition to the Contract requirements relating to other work at the Site, City anticipates that other contractors will be performing work within the Site. Specifically:
i. NONE
B. City has considered these other contractors when determining the Contract Times and no additional time or compensation will be added to the Contract due to these other contractors.

END OF SPECIAL CONDITIONS

GENERAL REQUIREMENTS

1. DESCRIPTION
A. Refer to the technical specifications and project plans that accompany this document.

2. RELATED REQUIREMENTS SPECIFIED ELSEWHERE
A. NONE

3. LAYOUT OF WORK AND QUANTITY SURVEYS
A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed.

City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work. Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies.

B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place. The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations. All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative.

C. Surveying
i. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following:
1) Right-of-way and alignment of tangents and curves shall be within 0.1 foot. 2) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work.
3) Cross-section points shall be located within 0.1 foot, horizontally and vertically. 4) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals.

D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards.

Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work.

4. SCHEDULE
A. Estimated Schedule. Within 14 Days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.

B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion.

The overall Project Schedule duration shall be within the Contract time.

C. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

5. TEMPORARY FIELD OFFICE
A. Inspector’s Field Office. Not Required.

B. Utility Services. Contractor, at its expense, shall arrange for, develop and maintain all utilities, including but not limited to water, electric power, sewage disposal and telephone communications, at the Site to meet the requirements of the Work.

C. Sanitation. The Contractor shall provide sanitary facilities for all persons working on the project. These facilities shall be kept clean and shall not be unsightly or produce odors.

6. PROTECTION OF WORK AND PROPERTY
A. All traffic detector loops, fences, walls, culverts, property line monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition. If Contractor provides the City with reasonable notice of the need for such repair or replacement, it shall be performed by the City. If the Contractor fails to provide the City with reasonable notice, the repair or replacement shall be performed by and at the expense of the Contractor to the satisfaction of the City, whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged.

B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.

C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any

damage thereto caused by the Work operations. Contractor shall:
i. Enclose the working area with a substantial barricade and arrange work to cause minimum amount of inconvenience and danger to the public.
ii. Provide substantial barricades around any shrubs or trees indicated to be preserved. iii. Deliver materials to the Project site over a route designated by the Engineer. iv. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor. v. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
vi. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. vii. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City.
viii. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.
ix. At the completion of work each day, leave the Project site in a clean, safe condition. x. Comply with any stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City.

D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.

E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

7. SITE CONDITIONS SURVEYS
A. Work Included.
i. Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction.

B. Submittals.
i. Written documentation of site condition survey at pre-construction and post-construction. ii. Photographs as described herein of pre-construction and post-construction conditions. iii. Video recordings as described herein of pre-construction and post-construction conditions.

iv. Submittals shall be made within three days of the surveys. All post-construction data shall be submitted prior to the final project inspection.

C. Site Condition Written Documentation.
i. Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas.

D. Photographs.
i. General – Contractor shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction photographs shall be taken prior to any construction or mobilization of equipment, but not more than one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work.
ii. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way.
iii. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed. iv. One set of color prints shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega-pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed.

E. Video Recording.
i. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date. ii. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted. iii. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities.
iv. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures. v. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected. vi. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format.

F. Timing.

i. Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing.

G. Site Surveyor.
i. The site condition surveyor(s) shall be experienced in construction and potential damage concerns.

The site condition surveyor(s) shall be familiar with the photography and video equipment being used.

H. Field Quality Control.
i. Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled.

I. Soils Compaction Testing.
i. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City.

Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete.
ii. For pipeline construction, soil compaction testing will be done at 100-foot intervals at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill; at the top of the trench backfill, which should be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction.

8. SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents.

B. Technical Manuals.
i. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff.
ii. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." "Categories" shall conform to the following (as applicable):
1) Category 1 - Equipment Summary:
a) Summary: A summary table shall indicate the equipment name, equipment number, and process area in which the equipment is installed.
2) Category 2 - Operational Procedures:
a) Procedures: Manufacturer-recommended procedures on the following shall be included in Part 2:
(i) Installation
(ii) Adjustment
(iii) Startup
(iv) Location of controls, special tools, equipment required, or related instrumentation needed for operation

(v) Operation procedures
(vi) Load changes
(vii) Calibration
(viii)Shutdown
(ix) Troubleshooting
(x) Disassembly
(xi) Reassembly
(xii) Realignment
(xiii)Testing to determine performance efficiency
(xiv)Tabulation of proper settings for all pressure relief valves, low and high pressure switches, and other protection devices
(xv) List of all electrical relay settings including alarm and contact settings 3) Category 3 - Preventive Maintenance Procedures:
a) Procedures: Preventive maintenance procedures shall include all manufacturerrecommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment in place. b) Schedules: Recommended frequency of preventive maintenance procedures shall be included. Lubrication schedules, including lubricant SAE grade, type, and temperature ranges, shall be covered.
4) Category 4 - Parts List:
a) Parts List: A complete parts list shall be furnished, including a generic description and manufacturer's identification number for each part. Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included. b) Drawings: Cross-sectional or exploded view drawings shall accompany the parts list. 5) Category 5 - Wiring Diagrams:
a) Diagrams: Part 5 shall include complete internal and connection wiring diagrams for electrical equipment items.
6) Category 6 - Shop Drawings:
a) Drawings: This part shall include approved shop or fabrication drawings, complete with dimensions.
7) Category 7 - Safety:
a) Procedures: This part describes the safety precautions to be taken when operating and maintaining the equipment or working near it.
8) Category 8 - Documentation:
a) All equipment warranties, affidavits, and certifications required by the Technical Specifications shall be placed in this part.
iii. The Contractor shall furnish to City six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder.

C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor

shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents.

The spare parts lists shall be bound in standard size, 3-ring binder.

D. Record Drawings
i. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date.
ii. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations.
iii. Record drawings shall be accessible to City’s Representative at all times during the construction period. Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment.
iv. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings.

E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work.

9. MATERIALS
A. Materials to be Furnished by the Contractor
i. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made.
ii. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured. iii. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project.

iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work.

10. LOCAL CONDITIONS AND REQUIREMENTS
A. Access to Work and Haul Routes
i. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor.
ii. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site. Claims for changes in Contract Price or Contract Times arising out of the unavailability of transportation facilities or limitations thereon shall not be considered by City. iii. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative.
iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract.

C. Construction Water.
i. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.
ii. All connections to the City's water system used for the purposes of obtaining construction water shall utilize a temporary construction meter and backflow prevention device supplied by the City. The Cityfurnished backflow prevention device shall be tested immediately after installation and the construction meter and backflow prevention device shall not be placed into service until the backflow prevention device passes such tests. Backflow prevention device testing shall be performed in accordance with applicable standards, and test results shall be provided to the Engineer. If the temporary construction meter and backflow prevention device are moved to alternate location(s) during construction, the backflow prevention device shall again be tested as described above immediately after re-installation.
iii. For each temporary construction meter requested by the Contractor for the performance of work under this contract, an amount equivalent to the deposit requirement for temporary construction meters listed in the current approved version of the City’s Policies and Procedures Manual shall be withheld from the final contract payment until the temporary construction meters are returned.

D. Operation of Existing Water Facilities.
i. The Contractor shall not operate any of the existing water systems, including pumps, motors, and

hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City. ii. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service.
iii. Contractor shall submit a request on City’s standard form for any shut-down of existing water facilities.

E. Construction at Existing Utilities.
i. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities.
ii. Permission, Notice, and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Traffic Control.
i. General. Contractor shall abide by traffic control plans approved by the appropriate jurisdiction. ii. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site.
iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

G. Cleaning Up.
i. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises.

Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water.
ii. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to

immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

11. ENVIRONMENTAL QUALITY PROTECTION
A. Environmental Conditions.
i. NOT USED.
ii. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions.

B. Landscape and Vegetation Preservation.
i. General. The Contractor shall exercise care to preserve the natural landscape and vegetation and shall conduct operations to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work.
ii. Damage and Restoration. Movement of crews and equipment within the rights-of-way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. iii. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

C. Protected Species.
i. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days. ii. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. 1) If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents.
iii. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. iv. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

D. Preservation of Historical and Archeological Resources. i. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the City Representative immediately, giving the

location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days. ii. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. iii. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents.
iv. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. v. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

E. Dust and Pollution Control.
i. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. ii. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency. iii. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work.

F. Fugitive Dust.
i. In addition to all other environmental and air quality requirements of the Contract Documents, Contractor must also comply with the most recent version of any rules implemented by the Air Quality Management District (AQMD) with jurisdiction over the Project in order to reduce the amount of particulate matter entrained in the ambient air as a result of the Project. All equipment shall be AQMD compliant and permitted, as needed.
ii. City has considered these other requirements when determining the Contract Times and no additional time or compensation will be added to the Contract due to these requirements.

G. Management of Storm, Surface and Other Waters.
i. Storm water, surface water, groundwater, and 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 manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project and assumes any and all risks and liabilities

arising therefrom.
ii. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply. iii. Contractor violations. If noncompliance should occur, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days.

Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense.
iv. Compliance with Construction General Storm Water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development. 1) Contractor shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with City’s Legally Responsible Person and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall submit the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and pay the filing fee. 2) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following:
a) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate. Storm water management measures shall be instituted as required, including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. b) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board.
c) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. d) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain

the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit. e) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices.
f) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to: refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.
g) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. h) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event.
i) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.
3) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by City.
4) City retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document or fails to proceed in a manner that is satisfactory to City. City reserves the right to implement its own SWPPP at the Project site and hire additional contractors to maintain compliance. Whether Contractor has adequately maintained compliance with the Permit shall be City’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. 5) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify City as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of City. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.
v. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters from the Project site.
vi. Oil storage tanks management.
1) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as

oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. 2) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. 3) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil.
4) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112
vii. Underground tank prohibition. The Contractor shall not use underground storage tanks. viii. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.”
ix. Other Permits.
1) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits.
2) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections. 3) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract.
x. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph.

END OF GENERAL REQUIREMENTS

TECHNICAL SPECIFICATIONS

TRAFFIC STRIPING
All traffic stripes, symbols, and markings shall be per the latest edition of the California Manual of Uniform Traffic Control Devices (Cal MUTCD).

All traffic striping on this project shall be waterborne paint subject to Section 84-2.03 “PAINTED TRAFFIC STRIPES AND PAVEMENT MARKINGS” of 2018 Standard Specifications.

New traffic striping and pavement markings over newly sand-sealed roadways, where existing striping and pavement markings have been covered, shall be field laid out by the Contractor for review and approval by the Engineer prior to application of paint. No striping or pavement markings shall be installed until all sand seal and fog seal operations have been completed and cured to the satisfaction of the Engineer.

All traffic striping outside of newly sand-sealed areas shall be installed by painting over the existing traffic striping.

Existing traffic striping shall be used as the basis for alignment and location unless otherwise directed by the Engineer.

PAYMENT: Full compensation for traffic striping shall be paid at the unit prices listed in the Bid Proposal for Traffic Striping and no additional allowances will be made thereof. Said payment shall include all material, equipment, and labor required to complete the item as shown on the Plans.

EXHIBIT A

STREET STRIPING MAP
https://arcg.is/1Wv9iz2

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 16, 2026
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: AWARD PROPOSAL FOR OIL BINDER MATERIAL FOR THE ANNUAL SAND SEALING MAINTENANCE PROJECT (CIP NO.

ST00006)

RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; accept three (3) cost proposals recieved for purchasing oil binder material and spreading for the annual sand sealing project; and authorize the Public Works Director to enter into a construction contract for oil spreading services with Kern Asphalt for $98,397.

BACKGROUND
The City of Shafter annually performs a sand seal maintenance program as part of its ongoing pavement preservation efforts. Sand sealing is a cost-effective roadway maintenance treatment that extends pavement life by sealing minor surface cracks, reducing oxidation, improving skid resistance, and preventing water intrusion into the pavement structure.

The annual sand seal program is completed utilizing City of Shafter Public Works crews and equipment. The City purchases the necessary oil binder materials and specialized spreading services required to complete the work in-house. Performing the work with City forces allows the City to maximize available maintenance funding while preserving additional roadway miles at a significantly lower cost than contracting the entire project.

Staff solicited proposals from three qualified contractors for the supply and application of the oil binder material required for the 2026 sand seal program. Bids are tabulated below:

BIDDER TOTAL BID PRICE
Kern Asphalt $98,397.00
Bowman Asphalt $166,238.14
Westrock General
Eng.
$168,722.00

AWARD PROPOSAL FOR OIL BINDER MATERIAL FOR THE ANNUAL SAND SEALING MAINTENANCE PROJECT (CIP NO. ST00006)
- 2 -
Staff reviewed both proposals and determined that Kern Asphalt Paving & Sealing Co., Inc. is the lowest responsive and responsible bidder. Kern Asphalt has also provided these services for this maintenance project in the past.

The proposed work includes providing approximately 32,050 gallons of CSS oil binder, oil spreading services, and equipment operators necessary to support the City's annual sand seal maintenance operations on various streets throughout the City. Awarding this contract will allow staff to complete the annual pavement preservation program during the summer maintenance season and continue extending the useful life of the City's roadway network.

FISCAL IMPACT
The project is included in the City’s approved Capital Improvement Program as CIP Project No. ST00006 – Annual Pavement Sealing, which includes an allocated project budget of $600,000.

CEQA ANALYSIS
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities).

The project consists of routine maintenance and minor alterations of existing public streets involving negligible or no expansion of existing use. Specifically, the project includes the application of sand seal treatments to existing roadways as part of the City's ongoing pavement preservation program. The work is intended to maintain the condition and functionality of existing transportation facilities and will not increase roadway capacity, alter traffic patterns, or expand the use of the existing roadway network. Therefore, the project qualifies for the Class 1 categorical exemption under CEQA Guidelines Section 15301.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Kern Asphalt Quote

2. Bowman Asphalt Quote

3. Westrock Quote

Proposal
DATE: 5/18/2026
JOB #:
10615
10615
PROPOSAL SUBMITTED TO:

City of Shafter
336 Pacific Avenue
Shafter CA 93263
KERN ASPHALT PAVING & SEALING CO., INC
JOB NAME: Oiling
JOB LOCATION:

Estimator: Don Locey
Various Streets
Total
CONTACT: Eric
PHONE: 331-3776
FAX:

E-MAIL: [email protected]

GRADING & EXCAVATION, ROAD

OILING, CRUSHING, MILLING &

GRINDING

ASPHALT PAVING, ALL TYPES OF

SEAL COATING, STRIPING, BUMPER

BLOCKS, & TRUCKING
Phone: (661) 391-8000 Fax (661) 391-8080
STATE CONTRACTORS LICENSE #812686
DIR NUMBER: 1000004530
DUE TO FLUCTUATING PRICES, PROPOSALS ARE VALID FOR 15 DAYS FROM ORIGINAL DATE. ANY CONTRACT AGREEMENTS MUST BE REVIEWED BEFORE COMMENCEMENT FOR EACH SCOPE/PHASE (IF APPLICABLE) IN CONTRACT.

SB-PW
Certified
#1189260
ADDRESS:

Unless otherwise noted, this contract excludes bid bonds, surety bonds, waivers of subrogation, testing, engineering and permits, base under concrete, curb painting, utility trench patching, any other items not specifically listed in our scope of work in this proposal. (i) We are not responsible for the following: damage to underground unforeseen utilities or buried structures, or damage done to equipment by these unforeseen items, residual cracking due to expansion and contraction of pavement, scuffing due to power steering and/or hot weather. (ii) Kern Asphalt does not guarantee the following: adhesion of material to badly oil soaked pavement, cracks in overlaid asphalt areas, and drainage when less than 1.5%. (iii) No warranty on striping on concrete, paint may chip (iiii) All vehicles and obstacles are to be removed from area, by customer, prior to Kern Asphalt’s arrival. All work to be done Mon-Fri in one phase/mobilization (longer drying times may be needed due to cold weather)
Upon the customers acceptance of this proposal, and the "Additional Terms and Conditions" on Page 2, this will become the "Agreement" between the parties.

Print:__________________________ Sign: _________________________ Date:____________ Authorized Signature by Kern Asphalt:
________________________________
ACCEPTANCE OF THE "AGREEMENT" BY CUSTOMER:

Kern Asphalt proposes to furnish material and labor for the work subject to the terms and conditions of this Proposal for the following price.

All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance.
2000 NORRIS ROAD, BAKERSFIELD, CA 93308
Description
*Pricing

1. Price To Spread Oil With Spreader Truck Including Loading = $27,540.00

2. 32,050 Gallons Of CSS (Approx 70/30 Mix) 1H Oil = $66,777.00

3. Operator With Tractor With Spreader Bar for 2 Days July 6th and 7th = $4,080.00 *Prevailing Wage
*One Phase Included
*Pricing Per Your Sand Sealing List
*Excludes Price Increases On Oil And If Any We Will Pass The Cost As A Change Order To You $98,397.00

To: CITY OF SHAFTER Contact: Eric Vasquez
Project Name: Shafter Oil Spreading 2026 Bid Number: 1319 SHAFTER, CA 93263 USA Fax: 661-746-9125
Address: 336 PACIFIC AVENUE Phone: 661-746-5002
Project Location: Shafter, CA Bid Date: 5/26/2026
Item # Item Description
01 Oil Spreading:
- 34 Days Of Daytime Fog Sealing On List Of Roads Provided - 2 Days Of Night/Weekend Fog Sealing
- 2 Days Of Operator With Skiploader & Spreader Bar
- .10' Spread Rate 50/50 Water To Oil Ratio
- CSS-1 Oil
Total Bid Price: $166,238.14
Notes:
• Excluding any work other than described above.
• This proposal is good for Thirty (30) days.
• Permits, Bonds, Testing, Staking and Surveying not included. • Water and Water Source, in close proximity to work area, supplied by others. • Due to volatile oil prices, the oil material price included in this proposal expires June 26, 2026. Any oil sprayed after that date is subject to price increases.
• Above Proposal Assumes that Mutually Agreeable Commercial Legal Terms and Conditions Will Be Reached • DIR Registration Number 1000003010
• Proposal is based on one (1) Mobilization. Extra mobilizations will result in additional charges • No striping or signage.
• No traffic control included in bid.

Payment Terms:

This proposal is to be paid in 30 days from invoice date. Subject to a service charge of 1.5% per month. Interest rate per annum is 18%.

Should Bowman Asphalt be required to commence any legal action to recover losses under this agreement or required to employ an attorney for the enforcement of any of its rights herein, customer agrees to pay for reasonable fees and costs incurred thereby.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Bowman Asphalt, Inc.

Authorized Signature:

Estimator: Jacob Burgoni
[email protected]
5/26/2026 3:47:11 PM Page 1 of 1

CA. LICENSE - 1096953 | SBE # - 2036767
7005 Downing Ave.

BAKERSFIELD, CA 93308
(661) 496-4265
Date
#
Item Description/Location Gals
(CSS-1)

UOM TOTAL PRICE
7/6 Zerker (7th Standard to Canal) (Northbound Lane Closed) (Oil Truck, Oil, Operator w/Spreader Bar Skiploader)
1200 LS $8,200.00
7/7 Zerker (7th Standard to Canal) (Southbound Lane Closed) (Oil Truck, Oil, Operator w/Spreader Bar Skiploader)
1200 LS $8,200.00
7/8 Zackary (Burbank to Ross 1/2 mile)
(Oil Truck & Oil)
750 LS $4,240.00
7/9 Burbank (Driver to Zackary)
(Oil Truck & Oil)
1300 LS $5,306.00
7/10 Driver (Cherry to Burbank)
(Oil Truck & Oil)
1300 LS $5,306.00
7/13 Riverside (Cherry to Driver 1 mile)
(Oil Truck & Oil)
1200 LS $5,112.00
7/14 Riverside (Cherry to Driver 1 mile)
(Oil Truck & Oil)
1200 LS $5,112.00
7/15 Cherry(Riverside to CVH)
(Oil Truck & Oil)
750 LS $4,240.00
7/16 Cherry (Lerdo to Riverside)
(Oil Truck & Oil)
1300 LS $5,306.00
7/17 Cherry (Lerdo to Fresno )
(Oil Truck & Oil)
1200 LS $5,112.00
7/20 E. Tulare (Beech to Cherry)
(Oil Truck & Oil)
1200 LS $5,112.00
7/21 Beech ( E. Tulare to City Limit)
(Oil Truck & Oil)
1000 LS $4,725.00
7/22 Fresno (Beech to Cherry)
(Oil Truck & Oil)
1300 LS $5,306.00
7/23 Fresno (Beech to Mannel)
(Oil Truck & Oil)
600 LS $3,956.00
7/24 Mannel (Fresno to Madera)
(Oil Truck & Oil)
800 LS $4,343.00
7/25 Shafter (Tulare to Fresno)
(Oil Truck & Oil)
800 LS $4,343.00
7/27 Lerdo Hwy ( Mannel to Railroad Tracks) 300 LS $3,375.00 To: City of Shafter
Address: 720 Commerce Way
Shafter, CA
Contact: Eric Vasquez
Phone: (661) 746-5004 Ext. 5051
Email: [email protected]
Project Name: 2026 Sand Sealing Project
Project Location: Shafter, CA
Bid Number: 021
Bid Date: 06/02/2026

7/28 Fresno (Mannel to Shafter)
(Oil Truck & Oil)
750 LS $4,247.00
7/29 Shafter (Fresno to Madera)
(Oil Truck & Oil)
800 LS $4,343.00
7/30 Fresno (Shafter to CVH)
(Oil Truck & Oil)
600 LS $3,956.00
7/31 Fresno ( CVH to Poplar)
(Oil Truck & Oil)
650 LS $4,053.00
8/3 Poplar (Fresno to CVH)
(Oil Truck & Oil)
650 LS $4,053.00
8/4 Poplar (Lerdo to LA ST.)
(Oil Truck & Oil)
350 LS $3,471.00
8/5 LA St. (Poplar to 1/2 mile City Limits)
(Oil Truck & Oil)
600 LS $3,956.00
8/6 LA St. (Poplar to Spectrum)
(Oil Truck & Oil)
650 LS $4,053.00
8/7 Riverside (Shafter to City Limits West)
(Oil Truck & Oil)
300 LS $3,375.00
8/10 Riverside (Shafter to City Limits East)
(Oil Truck & Oil)
600 LS $3,956.00
8/11 Riverside (Santa Fe to Cherry)
(Oil Truck & Oil)
600 LS $3,956.00
8/12 Burbank ( Santa Fe to End of Road)
(Oil Truck & Oil)
100 LS $2,987.00
8/13 East Los Angeles ( Beech to Cherry)
(Oil Truck & Oil)
1200 LS $5,112.00
8/14 Lerdo Hwy ( Beech to Cherry) (Slow Lanes)
(Oil Truck & Oil)
1300 LS $5,306.00
8/17 Lerdo Hwy ( Beech to Cherry) (Fast Lanes)
(Oil Truck & Oil)
1300 LS $5,306.00
8/18 Lerdo Hwy (Dirt Canal to Driver) (Slow Lanes)
(Oil Truck & Oil)
1300 LS $5,306.00
8/19 Lerdo Hwy (Dirt Canal to Driver) (Fast Lanes)
(Oil Truck & Oil)
1300 LS $5,306.00
8/20 Lerdo Hwy (Driver East to New)( Slow Lanes)
(Oil Truck & Oil)
800 LS $4,343.00
8/21 Lerdo Hwy (Driver East to New)( Fast Lanes)
(Oil Truck & Oil)
800 LS $4,343.00
Total Base Bid Price: $168,722.00
NOTES: THE ABOVE PRICES DO NOT INCLUDE PERFORMANCE AND PAYMENT BOND, ADD 2% IF BONDS ARE REQUIRED.

Scope of Work:
• Providing Operated Oil truck to spread CCS-1 Oil at City of Shafter Direction • CCS-1 Oil Will be billed at $1.85 / Gal stated above amounts • Dates of 7/6 and 7/7 include Operator, Skip loader with 12’ Spreader Bar for 8 Hours along with Operated Oil Truck and 1200 Gal CSS-1 Oil.
• Oil Truck rate for 8-hour shift Min. and Overtime Rate to be billed at $265.00 / Hour • Min Oil Amount to be charged per day with above stated amounts

INCLUSIONS:
• This proposal is based off Caltrans standard specification 9-1.07 for Payment Adjustments for Asphalt Oil Price Index Fluctuations. Payment
adjustment(s) +/- will be made to Westrock based on the calculation of the proposal date's oil index and the index on the date(s) of actual
paving.
• Bid includes (1) move-in per a mutually agreed upon schedule with all work available. Additional move-ins to be negotiated.
• Pricing valid for 30 days from the original proposal date. Signed agreement or written notice of intent to contract to be provided to Westrock
within 30 days of proposal date or pricing may be subject to change. • Pricing based on an applicable tax rate of 8.25%. Westrock to be additionally compensated for any additional taxes or change in taxes
• All work areas to be available for completion in consecutive shifts. Westrock to be compensated at T&M for inefficiencies of additional shifts
of work areas not available concurrently.
• Work to be performed during normal Mon-Fri business hours. • Minimum Billing & Payment amounts based upon proposal estimated quantities listed on proposal. Additional quantity to be measured
and billed at Unit Prices.
• Contractor to provide approved & secured equipment laydown area within or adjacent to project paving area. • Storage and work area to be received with clear, unobstructed access.

EXCLUSIONS:
• Temporary surfacing (cold mix, traffic plates, etc.)
- Lowering of any utilities and/or raising
• Badging, Site Specific Training, Testing, Orientation. To be paid at T&M if required. • Survey, Staking, Engineering, As-Builts, Layout. Contractor responsible to provide all layout to ensure proper line & grade prior to Westrock
mobilization. Specifically, pavement limits: starts, stops, edges of pavement & grade control. • Sealcoats, Prime Coats, Soil Sterilant, Header boards, Joint seals. • Wet and/or otherwise unsuitable material correction, buried man-made objects, rock breaking and / or blasting. • Grade Stabilization Fabrics, Pavement Reinforcing Fabrics (Petromat, Glasgrid, Glaspave, TruPave, etc.) • SWPPP/WPCP plan, permits, Notice of Intent (NOI), permanent site BMPs, Temporary BMPs specifically inlet and drain protection & covers.
• Traffic Control, Flagging, pedestrian control, Posting, Notification, No Parking signs. Handling of trench plates, K-rail or crash cushions.
• Redwood Header or Edge Boards
• Reduced speed zone signage, Portable radar speed feedback signs system, PCMS Boards, Stationary Impact Attenuator Vehicle, Traffic
Lookout or Traffic Queue Monitoring
• Installation or removal of ramping for temporary transitions or access. Plating, bridging, tapers, protection of PCC. • Temporary and/or Permanent Delineation or Striping, Striping Removals, Signs, Wheelstops, Pavement Markings • Landscape, Irrigation, Electrical, Loop Replacement
• Backfill of curbs, shoulder backing, Dike backing, dressing of parkways. • AC patching and/or trench repairs not specifically included as a proposal pay item.

EXCLUDES ANY ITEMS NOT EXPLICITLY LISTED IN INCLUSIONS OR SCOPE OF WORK.

Payment Terms:

This proposal is to be paid 30 days from the invoice date. Subject to a service charge of 1.5% per month. The interest rate per annum is 19%.

Should Westrock General Engineering be required to commence any legal action to recover losses under this agreement or required to employ an attorney for the enforcement of any of its rights herein, customer agrees to pay for reasonable fees and costs incurred thereby.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:_____________________ _________
Signature:________________________________
Date of Acceptance:________________________
Confirmed:

Westrock General Engineering
Authorized Signature:___________________________
Estimator: Garrett Brown

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 16, 2026
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: ASPHALT MATERIAL FOR THE ANNUAL SAND SEALING
MAINTENANCE PROJECT (CIP NO. ST00006)

RECOMMENDATION
Council find the action is exempt from the California Environmental Quality Act; accept three (3) cost proposals for purchasing oil sand material for the annual sand sealing project; and authorize the Public Works Director to issue a purchase order for oil sand material to Bowman Asphalt, Inc in an amount up to $130,000.

BACKGROUND
Public Works annually performs a sand seal maintenance program as part of its ongoing pavement preservation efforts.The program is completed utilizing City of Shafter Public Works crews and equipment and is designed to extend the useful like of existing roadways by protecting pavement surfaces from weathering, oxidation, and water intrusion.

As part of the sand seal process, the City utilizes SC-800 Oil San (Sheet Mix) to provide temporary roadway surfacing and facilitate the application of the final sand seal treatment. The material is an essential component of the annual maintenance program that allows City crews to efficiently complete roadway preservation activities throughout the community.

Staff solicited quotes from multiple qualified suppliers for the purchase of approximately 1,200 tons of SC-800 Oil Sand. Bids are tabulated below:

SUPPLIER COST PER
TON

TOTAL COST
Bowman Asphalt,
Inc.
$98.00 $117,600
Granite
Construction, Inc.
$100.00 $120,000

ASPHALT MATERIAL FOR THE ANNUAL SAND SEALING MAINTENANCE PROJECT (CIP NO. ST00006)
- 2 -
Vulcan Materials
Company
$101.00 $121,200
Staff reviewed the proposals and determined that Bowman Asphalt submitted the lowest responsive and responsible quotation.

The proposed purchase is for materials only. Trucking services are not included in any of the submitted quotations and will be procured separately based on truck availability and project scheduling needs. Awarding this purchase will ensure sufficient material is available for the City's 2026 Annual Sand Seal Maintenance Program and allow Public Works crews to complete the work during the summer construction season. Staff recommends a total Purchase Order amount of $130,000 to allow for material quantity fluctuations during construction.

FISCAL IMPACT
The project is included in the City’s approved Capital Improvement Program as CIP Project No. ST00006 – Annual Pavement Sealing, which includes an allocated project budget of $600,000. No budget action is necessary.

CEQA ANALYSIS
The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities).

The project consists of routine maintenance and minor alterations of existing public streets involving negligible or no expansion of existing use. Specifically, the project includes the application of sand seal treatments to existing roadways as part of the City's ongoing pavement preservation program. The work is intended to maintain the condition and functionality of existing transportation facilities and will not increase roadway capacity, alter traffic patterns, or expand the use of the existing roadway network. Therefore, the project qualifies for the Class 1 categorical exemption under CEQA Guidelines Section 15301.

APPROVED BY THE CITY ATTORNEY
No

ATTACHMENTS

1. Bowman Asphalt Quote

2. Granite Quote

3. Vulcan Quote

145 SHEET SC-800 TN 1,200.00 98.00
WE DO NOT PROVIDE TRUCKING.
3333 Gibson Street
Bakersfield, CA 93308
661 334-1356
CSLB License No:862672
Remarks:

Item code Description U/M Sell Price
Continued on next page . . .

Printed by JPW as of 06/02/26 11:50:27AM Page 1 of 3
For:
06/02/26
1010
SC-800 SHEET MIX
NET 30 DAYS
ERIC
Material Quote # 3761
SC-800 SHEET MIX
Shafter, CA
Project Description:

Customer's job:

Salesperson:

Pay terms:

CITY OF SHAFTER
336 PACIFIC AVE
Shafter, CA 93263
Ship terms:

Quantity
Quote date:
07/02/26
P.O.#:

Expiration date:

Ship via:

Contact:

FOB
Warehouse:

F.O.B.:

Customer #: 0562

Continued from previous page . . .

Bowman Asphalt and Construction (hereafter “Seller”) submits to the purchaser identified below (“Purchaser”) this quote for materials as described below (“Materials”). Effective upon transmittal to Purchaser, this Material Quote replaces, supersedes, and terminates any and all prior quotes or offers, whether oral or written, that Purchaser may have received from Seller referencing the Project.

1. Delivery: ( FOB ).Material shall be Delivered or made available in accordance with a schedule mutually agreed upon by the Purchaser and Seller. Any charges at destination for spotting, switching, handling, storage and /or other accessorial services, and demurrage, shall be paid by Purchaser. Plant standby time, job cancellation, damages caused by Purchaser or Purchaser’s trucker, added surcharges and force majeure events will be the responsibility of Purchaser. Purchaser will schedule delivery of aggregates and asphalt concrete and trucking with Seller’s designated material dispatcher. Should Seller not be responsible for trucking, Purchaser will be responsible to schedule all trucking needs directly with Purchaser’s trucker of choice. Seller will not be responsible for any non-performance of the trucker operating under the direction of Purchaser.Should Purchaser designate a trucker to perform hauling of materials under this Material Quote, Purchaser shall defend, indemnify, and hold Seller harmless to the fullest extent under the law for all liabilities, obligations, costs or damages incurred due to the acts or omissions of such trucker.

2. Terms of Payment: Purchaser shall pay Seller at the prices given in the table below. Payment shall be due no more than thirty (30) days from the date of the invoice in the full amount of the invoice without retention of any amounts by Purchaser. Purchaser’s failure to pay all amounts owing when due shall be deemed a material breach of this Material Quote and Seller may, at its option and without prejudice to any other legal or equitable rights, (1). Terminate this Material Quote; (2) require payment to be made in advance of future deliveries; and/or (3). Place future deliveries on a C.O.D basis. Amounts past due shall bear an interest charge computed from the due date at the greater of the maximum interest rate allowed by law or at the rate of 1.5% per month (18% per annum). Purchaser agrees to pay all costs and expenses of collecting past due accounts, including actual attorney’s fees and expert fees, incurred whether or not a suit of action is filed, on appeal or otherwise.

3. Material/Specification/Price: PRICING DOES NOT INCLUDE SALES TAX This quote is for material only, pricing does not include freight, please see trucking quotes listed separately if applicable.

4. Standby Time: Rates quoted above are for trucking only and allow for the specified time on the job per special conditions 5 and 6 with a $1.58 per minute standby charge thereafter.

5. Price Escalation: Purchaser acknowledges that national and regional supply shortages for the raw material necessary for the production and delivery of the material may occur and that the prices for oil, liquid propane, gasoline, diesel, natural gas and electricity (collectively “Fuel”) as well as liquid asphalt, Portland cement and lime (collectively “Elements”) may increase during the term of this Material Quote. In the event that the Seller incurs cost increase(s) in Fuel or Elements such that if the purchase price of any material to be supplied under this Material Quote is increased to reflect the same cost increase incurred by Seller for the Fuel and Elements of that material and would result in an increase in the price of said material of greater than:(1) 10% for aggregate type material;(2) 6% for asphalt concrete type material; or Portland cement type material, then Purchaser and Seller shall negotiate to mutually agree upon a revised price for the material yet to be delivered under this Material Quote. If the parties cannot agree upon a received price for such material, then either party may, upon two (2) days written notice, terminate this Material Quote as to any material not delivered to Purchaser as of the date of termination.

6. Acceptance: This Material Quote shall constitute a firm offer for thirty (30) days from its date first written above or, if otherwise, as stated in Section 3 (Special Conditions) above (Acceptance Period). The terms and conditions of this Material Quote may be accepted by the Purchaser (Acceptance) only by one of the following alternatives performed within the acceptance period: (1) Purchaser’s execution and actual delivery to Seller of this Material Quote; or (2) Seller’s commencement of performance. This Material Quote can only be modified in writing and signed by both parties. Any and all additional or different terms proposed by Purchaser, whether contained in Purchaser’s purchase order, shipping release forms, prior practice between the parties, or on any modification to this Material Quote by Purchaser shall not be binding on Seller unless prior to Acceptance this Material Quote is returned with Purchaser’s full counter-proposal and is then signed and dated by Seller’s authorized representative. The Issuance or the execution of this Material Quote shall not be intended or construed as creating an exclusive or requirements supply agreement between Purchaser and Seller. Any and all disputes arising out of or related to this Material Quote shall be resolved in the Superior Court of Kern County, which shall be the exclusive venue and jurisdiction for the resolution of such disputes.

7. Delivery: Where delivery off of Seller’s facility is Seller’s responsibility, Seller or its contract hauler will enter upon the delivery location only as a convenience to Purchaser and Purchaser specially waives and agrees to defend, indemnify and hold Seller harmless from and against any claim or liability or action against Seller because of damage caused thereby including, but not limited to, damage to concrete surfaces, pipelines or underground structures or utilities. Purchaser agrees to provide clear, substantial and suitable access to the point of delivery.

8. Inspections and Alterations: It shall be Purchaser’s responsibility to make, or cause to be made, and pay for such inspections and test as may be required at Seller’s facility or the F.O.B. location to assure the material meets any requirements of Purchaser other than that specified in this Material Quote.

9. Force Majeure: Seller shall not be liable for failure to perform or delay in delivery by reason of any contingency or occurrence reasonably beyond Seller’s control which shall be defined to include, but not limited to, actual or threatened strikes, labor disputes, boycotts, work stoppages, or work slowdowns or fire, flood, inclement weather, embargos, war, governmental authority, or regulations, including allocations, preferences, and priorities established by or for the government, or shortage or failure of raw material or transportation which makes performance by Seller under any Material Quote more costly. Further, Seller shall not be liable for a failure to perform or delay resulting from plant/facility breakdown or plant unavailability. If such delay continues for a period of more than sixty (60) days, Purchaser shall have the right, upon seven (7) days written notice to Seller, to terminate this Material Quote.

10. Integrated Agreements: This Material Quote sets forth the entire agreement between Seller and Purchaser with respect to its subject matters. All prior and contemporaneous conversations, practices between the parties, quotes, offers, negotiations, representations, promises and warranties with respect to said subject matters, whether written or oral, are waived, merged herein and superseded thereby. This is a fully integrated agreement.

11. Warranties/Remedies: Seller warrants that the material will, at the point and time of delivery, conform to the specifications set forth in section 3 herein. Purchaser shall indemnify, defend, and hold harmless Seller against any and all claims, suits, actions, legal proceedings, damages, liabilities, interest, actual attorney’s fees, cost and expenses of whatever kind or nature as a result of Purchaser’s blending or use of the material in a manner that is inconsistent with the specifications set forth herein. Use of Seller products inconsistent with the specifications set forth herein dose not, regardless of Seller’s knowledge, constitute a warranty obligation for the use of the materials inconsistent with those specifications. No other warranties of any kind are made by Seller and Seller expressly disclaims all other warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of merchantability or fitness for any purpose. Purchaser’s exclusive remedies for breach of this express warranty with respect to any non conforming material shall be limited solely, at the option of Seller, to (1) replacement of the non-conforming material to the F.O.B. delivery point or (2) the cost to replace the non-conforming material to the F.O.B. delivery point. Seller shall be given a reasonable opportunity to investigate and cure any non-conformance. Seller’s breach of warranty obligation shall not extend beyond the last to occur of: One (1) year following substantial completion of the project for which the Material Quote applies or one (1) year from the last delivery of material under this Material Quote. Seller’s liability for any other breach of this Material Quote shall be limited to the difference between price of the material covered hereby and the market price of such material at the F.O.B. point specified above. In no event shall Seller be liable for loss of profit, delay or any incidental or consequential damages.

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Printed by JPW as of 06/02/26 11:50:27AM Page 2 of 3

PURCHASER: CITY OF SHAFTER
Continued from previous page . . .

12. Exclusive Terms and Conditions; Modification: No terms and conditions other than those stated herein and no agreement or understanding in any way purporting to modify these terms and conditions shall be binding on Seller unless made in writing and signed by Seller. Seller hereby objects to and rejects and all additional and different terms proposed by Purchaser, whether verbal, contained in Purchaser’s purchase order or shipping release forms.

13. Warning: This product contains CRYSTALLINE Silica (Quartz). Crystalline Silica is a common, naturally occurring mineral found in sand and rock. Prolonged and repeated breathing of Crystalline Silica dust may cause respiratory and other heath problems, including lung disease, Silicosis and Cancer, which may result in permanent injury or death. Before using or handling this product, read the Material Safety Data Sheet for more detailed information including information on appropriate respiratory protection. MSDS sheets are available at your local office.

14. Proposition 65 Notice: THE FOLLOWING APPLIES TO CALIFORNIA ONLY; THIS PRODUCT CONTAINS CHEMICALS KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER, BIRTH DEFECTS OR OTHER REPRODUCTIVE HARM.

BY: ERIC
SELLER: Bowman Asphalt, Inc.

Printed by JPW as of 06/02/26 11:50:27AM Page 3 of 3
BY: Jim Williams

By: MCABEE, ANGELA M. Accepted By: ___________________________________ Signature Date
Office:

Cell: Printed Name:

Email: [email protected] Title:

Website: http://www.graniteconstruction.com Phone:

Email:

Quote Number: 5863
Quote Date: Jun 02,2026
Bid Date: Jun 02,2026
Acceptance Deadline: Jun 30,2026
Order Expiration Date: Jun 30,2026
All Prices in: USD
Material Quotation
Attn: Eric Vasquez Project Name: 2026 SAND SEALING PROJECT Customer: SHAFTER CITY OF Address: 720 COMMERCE WAY
City, State, Zip: SHAFTER,CA,93263-9530
Material Description (ID#) Est.Quantity Units Price Plant Name #4CMASC800 (1000) 1,200 TN $100.00 JAMES RD AC
DUE TO THE VOLATILE OF OIL, WE ARE ONLY QUOTING ON A WEEKLY BASIS. Energy surcharge rates are applicable to all orders. JUNE: AG $0.48/ton & AC $5.43/ton. Rates are variable and updated monthly. Future rates are published on the first of every month via https://www. graniteconstruction.com/energysurcharge
Special Conditions:

PRICING: Environmental Fee: $15.00/load.

QUALITY CONTROL: No field testing or QC plan included.

QUALITY CONTROL: Granite is not responsible for PWL penalties related to field placement properties.

General Conditions:

Prices quoted do not include sales tax.

This quote is limited to acceptance prior to Jun 30,2026 (Acceptance Deadline), after which time this quote is subject to review/revision.

If quote is accepted by the Acceptance Deadline, the order will expire and be subject to revisions on Jun 30,2026 Please contact your sales person before placing an order against this quote.

The offer to sell these materials is contingent upon customer completing and signing Granite's credit application and being approved for credit.

Additional terms and conditions are on page two of this quote.

Aggregate and Asphalt products are subject to Granite energy surcharge published on Granite website based on EIA diesel prices:
https://www.graniteconstruction.com/energy-surcharge

Terms and Conditions

1. MATERIAL/SPECIFICATION: All materials quoted ("Materials") are subject to availability. Products delivered will meet specifications stated on this material quote ("MQ") (or material submittal if provided) at the point and time of delivery (as delivery is indicated on the face page).

2. DELIVERY: If applicable, Material shall be delivered in accordance with a schedule mutually agreed upon by Purchaser and Seller. Any charges at the point of delivery for spotting, switching, handling, storage and/or other accessorial services, and demurrage, shall be additional charges and paid by Purchaser. Damages caused by Purchaser or Purchaser's trucker, plant standby time, job cancellation, and added surcharges will be the responsibility of Purchaser. Title to Material and risk of loss shall pass to Purchaser upon delivery to Purchaser.

3. PRICE/TERMS OF PAYMENT: Purchaser shall pay Seller the amount set forth in the quote table together with applicable surcharges and fees. The environmental fee is not a tax, surcharge, or fee mandated by or remitted to any governmental or regulatory agency but used to recover direct and indirect costs for Granite and its subsidiaries operations to be conducted in an environmentally sustainable manner. Payment shall be made in accordance with the payment terms contained in Seller's Application for Credit and Account Agreement (the "Credit App") executed by Purchaser in favor of Seller (by this reference incorporated herein) unless Material purchased C.O.D. Purchaser's failure to pay all amounts owed when due shall be deemed a material breach of this MQ and Seller may, in addition to any other rights it may have under law, at its option, (i) terminate this MQ or (ii) place future deliveries on a C.

O.D. basis. The prices set forth in this MQ were premised upon fuel prices in effect as of December 27, 2021, as reported by the U.S. Energy Information Administration ("EIA") (https://www.eia.gov/petroleum/gasdiesel/) ("Original Energy Price"). To reflect current energy pricing, a energy surcharge ("Energy Surcharge") shall be included on each invoice equal to the difference between (a) the energy prices reported by EIA on the fourth Monday of the calendar month preceding the invoice date ("Invoice Energy Price") and (b) the Original Energy Price, multiplied by (a) 0.2 gallons/ton for aggregate; and/or (b) 2.25 gallons/ton for asphalt. For example, if the Invoice Energy Price has increased by $1.00/gallon over the Original Energy Price, the Energy Surcharge for aggregate will be $0.20/ton ($1.00 times .2) and the Energy Surcharge for asphalt will be $2.25/ton ($1.00 times 2.25). There will be no Energy Surcharge added to the Invoice Energy Price in a month if the Invoice Energy Price does not reflect an increase over the Original Energy Price.

4. ACCEPTANCE: This MQ is valid for thirty (30) days from the Bid Date unless otherwise stated in the Special Conditions of this MQ. The terms and conditions of this MQ may be accepted by the Purchaser only by one of the following alternatives performed within such thirty (30) day period: (i) Purchaser's execution and delivery to Seller of this MQ; or (ii) the Purchaser placing either a written or oral order for all or a portion of the Material quoted under this MQ or (iii) Seller's commencement of performance. This MQ can only be modified in writing when signed by Purchaser and Seller.

5. FORCE MAJEURE: Seller shall not be liable for failure delay in delivery by reason of any contingency or occurrence beyond Seller's reasonable control or which makes Seller's performance commercially impractical. If such contingency or occurrence prevents Seller's performance for a period of more than sixty (60) days, Purchaser shall have the right, upon seven (7) days written notice to Seller, to terminate this MQ.

6. INTEGRATED AGREEMENT: This MQ, together with the Credit Application (if executed by Purchaser), constitutes the entire agreement between Seller and Purchaser, and there are no understandings, agreements or representations, express or implied, either oral or written, not stated or identified in this MQ and the Credit App, if any. Any additional or different terms proposed either orally or in writing by Purchaser including those contained in Purchaser's purchase order, delivery tickets or accompanying Purchaser's performance are rejected and shall be of no force or effect unless expressly assented to in a separate writing by Seller.

7. WARRANTY: FOR A PERIOD NOT TO EXTEND BEYOND ONE YEAR FROM THE POINT AND TIME OF DELIVERY OF THE MATERIAL, SELLER WARRANTS THAT THE MATERIAL WILL CONFORM TO THE SPECIFICATIONS SET FORTH IN SECTION 1. NO

OTHER WARRANTIES OF ANY KIND ARE MADE BY SELLER AND SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES TO

THE FULLEST EXTENT PERMITTED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. PURCHASER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS SELLER

AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DAMAGES, LIABILITIES, INTEREST, ACTUAL ATTORNEY'S FEES, COSTS AND EXPENSES OF ANY KIND AS A RESULT OF PURCHASER'S USE OF THE MATERIAL.

QUOTATION
Date: 06/02/2026
Quote #: 3129745213
Account: 214070
ACCOUNT :  CASH SALE - BAKERSFIELD  QUOTE NAME : CITY OF SHAFTER 2026 SAND

SEAL PROJECT / VARIOUS LOCATIONS / SHAFTER
Bill-To Address: BAKERSFIELD 8517 PANAMA
LANE

Attn: Eric Vasques
Ship-To Address: VARIOUS LOCATIONS
SHAFTER CA 93263
Effective Date: 06/02/2026
Expiration Date: 07/02/2026
Upon Acceptance Price Valid Until: 06/30/2026
Sales Representative: Cindy Shipley
Phone: 5594084434
Email: [email protected]
200 - Asphalt
Plant Product ID Product Name Est.

Qty
U/M Unit
Price1
Enviro.

Fee1
Haul
Rate1
Total
Delivered
Price1,2

BAKERSFIELD
HMA
557300  OIL SAND  1,200 TON  $101.00   $0.00
Miscellaneous Products
Plant Product ID Product Name Est.

Qty
U/M Unit
Price1
Haul
Rate1
Total
Delivered
Price1,2

BAKERSFIELD
HMA
85040  HRLY HAUL CHG 1 HOUR  $0.00  $155.00  $155.00
1As per product U/M.
2 Subject to Index Base Prices below.

ADDITIONAL INFORMATION
1

Additional Fees / Surcharges:

CREDIT CARD FEE - A surcharge of 2.1% will be imposed on all credit cards that is not greater than our cost of acceptance. This includes Visa and Mastercard.

Logistics / Hauling:

Hourly HMA:

Trucking will be charged hourly at $155.00 per hour with a 4 hour per truck minimum on all day jobs and $175.00 per hour with an 8 hour minimum on night jobs. Trucking is subject to truck availability. Unless otherwise noted, the standard freight rate is for transfer trucks, please respond if you prefer something other than a transfer truck.

On January 1, 2027 add 5% to all quoted haul rates.

HMA:

NOTE: HMA price based on CA Crude Oil Index $565.20 June 2026. Pricing is subject to change due to volatility in the crude oil market. Any increase in price of $5.00 or greater will be billed to the customer at $.20 per ton for every $5.00 increase. (Example: liquid ac oil @ $570.20 add $.20 per ton of mix). ** Please allow 72 hours for submittal requests to be processed. ** No Specifications have been submitted, or reviewed** ** Final Expiration Date: 06/30/2026.**
On 7/1/2026 add $1.00+tax per ton to the quoted HMA material pricing. Final pricing expires 12/31/2026. 2

If tax is itemized in this quote, it is an estimate based on the tax rate at the time of quote and the ship-to address. Taxes are calculated and invoiced as a separate line item and are subject to change based on the final ship-to location at time of delivery.

All prices are FOB point of shipment from the designated location unless a delivered price is stated. Terms are Net 15 prox. Please note standard terms and conditions apply. (Subject to credit approval) This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision.

Please contact Sales prior to placing the order.

Accepted by: _________________________________
Sales Representative: __________________________
Date: ___________________________________
Date: ___________________________________
We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure of serving your needs for this and future projects. 3

GENERAL TERMS AND CONDITIONS
Prices are based on the terms and conditions set forth on page 1 of this Quotation, of which these General Terms and Conditions form a part, the terms and conditions stated in Customer’s Application for Business Credit, and, if applicable, any terms and conditions relating to the delivery or shipment of materials by truck, barge, vessel, rail or other means which are provided by Vulcan to Customer in addition to this Quotation (each, a “Vulcan Sales Document”, and collectively, the “Vulcan Sales Documents”). Prices are available only to the customer specifically named therein, and are only for the quantities mentioned in such Quotation or Sales Order plus or minus 10% of such quantities. A charge of 1.5% per month, (18% annum), will accrue on a daily basis from the date of invoice and will continue to accrue on a daily basis on any unpaid balance, both before and after judgment, until the date the balance is paid in full, or at the maximum amount permitted by law in which the sale occurred, whichever is less.

However, the assessment of a finance charge on invoices paid in full by the payment due date will be waived. Quotation is offered for furnishing the total aggregate requirements for the project only. Customer’s contract with Vulcan regarding the sale by Vulcan to Customer of the materials listed in this Quotation is subject to the terms and conditions set forth in the Vulcan Sales Documents. Prices reflect Customer's acceptance of materials at the quoted plant based upon gradation analysis performed and reported by Vulcan's certified plant quality control personnel. Any penalties that result from in place sampling shall be the full responsibility of Customer.

THE TERMS AND CONDITIONS OF THE VULCAN SALES DOCUMENTS GOVERN THE RIGHTS AND OBLIGATIONS OF THE PARTIES If Customer has issued a purchase order for the materials quoted by Vulcan in this Quotation, this Quotation is not an acceptance of said purchase order, or any of its terms or conditions, which are hereby rejected. Any sale by Vulcan to Customer of the materials listed in this Quotation shall be subject to the terms and conditions set forth in the Vulcan Sales Documents, and Customer’s receipt or acceptance of said materials shall constitute acceptance of the offer that this Quotation constitutes. Any terms or conditions of a subsequent purchase order issued by Customer that are inconsistent with the terms and conditions of the Vulcan Sales Documents shall be null and void.

SHIPMENT AND DELIVERY
Unless a "delivered" price is quoted by Vulcan in the Vulcan Sales Documents, all prices are F.O.B. point of shipment from the locations designated.

All taxes applicable to the sale or delivery of materials that are not paid directly by Customer will be added to the sales price, invoiced to and paid by Customer, unless Customer provides Vulcan with satisfactory evidence of exemption from same. Shipment will be in accordance with Customer’s reasonable instructions or, if none, then by whatever means Vulcan shall deem practicable. The quantities of material delivered to Customer shall be conclusively presumed to be the quantities shown on the tickets produced from a certified weigh scale at Vulcan’s quarry or sales yard.

CREDIT AND DEFAULT
Vulcan shall have no obligation to ship or deliver except upon its determination prior to each shipment or delivery that Customer is worthy of the credit to be extended and is not in default upon any obligation to Vulcan. Upon default, Customer agrees to pay all of Vulcan’s collection expenses, including attorneys’ fees.

INSURANCE
A Memorandum of Insurance containing current information regarding Vulcan’s insurance program is available at https://marshdigital.marsh.com/marshconnect/viewMOI.action?clientId=632529479

EXCULPATORY PROVISIONS
Vulcan shall have no liability for delay or failure to make shipments, or delivery, as a result of strikes, labor problems, severe weather conditions, casualty, mechanical breakdown or other conditions beyond Vulcan’s reasonable control. In no event shall Vulcan be liable for any incidental or consequential damages. Vulcan’s liability and Customer’s exclusive remedy for any cause of action arising out of the provision of material quoted herein shall be the replacement of, or payment of the purchase price for, the materials which are the subject of this Quotation

CHANGE OF TERMS
Vulcan may change the price and/or quantity upon 30 days’ notice to Customer. Vulcan shall also have right to change, modify or amend any other terms and conditions upon written notice of such change to customer. The effect of the change shall be as stated in the written notice and accepted by Customer upon placing of orders with seller following receipt of such notice.

APPLICABLE LAW
All orders are subject to acceptance by Vulcan at the headquarters of its Mountain West Division in Phoenix, Arizona, and the laws of the state in which the materials was shipped from shall apply to the sale of all materials subject hereto. In the event material is imported into the U.S., the law in the state in which the material was sold to the customer will prevail. All disputes regarding finance charges shall be governed by Alabama law

LIMITED WARRANTY AND WARRANTY DISCLAIMER
Vulcan warrants for a period of one (1) year from date of delivery only that the material sold hereunder substantially complies with Vulcan’s specifications for said material or the specifications set forth in Vulcan’s quotation. VULCAN HEREBY EXCLUDES ALL WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF THE MATERIAL SOLD HEREUNDER, OTHER THAN THE EXPRESS WARRANTY STATED ABOVE. In addition, except to the extent otherwise set forth in the specifications described above, Vulcan makes no warranty whatsoever with respect to specific gravity, absorption, whether the material is innocuous, non-deleterious, or non-reactive, or whether the material is in conformance with any plans, other specifications, regulations, ordinances, statutes, or other standards applicable to Customer’s job or to said material as used by Customer. VULCAN SHALL IN NO EVENT BE

RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE CAUSED BY NON-COMPLIANCE OF THE MATERIAL WITH

SPECIFICATIONS, OR FOR ANY DEFECTS IN THE MATERIAL SOLD HEREUNDER 4

Please return this completed form to [email protected]. Please call 925-453-9120 with any questions.

JOB INFORMATION
Date: __________________ Vulcan Customer Number:____________________________________________________________ CUSTOMER NAME: ________________________________________________________________________________________ Customer Role (circle one): Owner GC Sub-Contractor Sub-Sub* *if sub-sub, provide sub at bottom of form
Job Name: ______________________________________________ Your Job Number: ___________________________________ Legal Description: ___________________________________________________________________________________________ Project Address: ____________________________________________________________________________________________ City: ______________________________________________ State: _________________________ Zip: _____________________ Phone: _____________________________ Customer Contact: _______________________________________________________ ________________________________________________________________________________ PROJECT OWNER:__________________________________________________________________________________________ Owner Address:______________________________________________________________________________________________ City: ______________________________________________ State: _________________________ Zip: ______________________ Phone: ______________________________ Owner Contact: _________________________________________________________ Tax Status (circle one): Y* N *If Tax Exempt an exemption form must be attached ________________________________________________________________________________ GENERAL CONTRACTOR: ___________________________________________________________________________________ GC Address: ________________________________________________________________________________________________ City: ______________________________________________ State: _________________________ Zip: ______________________ Phone: ______________________________ GC Contact: ____________________________________________________________ ________________________________________________________________________________ BONDING COMPANY: _______________________________________________________________________________________ Address: ___________________________________________________________________________________________________ City: ______________________________________________ State: _________________________ Zip: ______________________ Phone: ______________________________ Contact: _______________________________________________________________ Type (circle one) Federal State City County Private
5

CONSENT CALENDAR

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 16, 2026
DEPARTMENT: Alex Gonzalez, Public Works Director
SUBJECT: INTENTION FOR ANNUAL LEVY OF ASSESSMENTS
LANDSCAPE AND LIGHTING DISTRICTS 2026-2027

RECOMMENDATION
Council find the action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines; Consider adoption of Resolution 3091, a Resolution of the City Council of the City of Shafter Initiating Proceedings for the Annual Levy and Collection of Assessments Within Existing City Landscaping and Lighting Districts for Fiscal Year 2026-2027 for the Maintenance and Servicing of Lighting and Landscaping; and Consider adoption of Resolution 3092, a Resolution of the City Council of the City of Shafter Approving the Engineer’s Reports and Declaring Intention to Levy and Collect Assessments within Existing Landscaping and Lighting Districts (“Districts”) for Fiscal Year 2026-2027 Pursuant to the Landscaping and Lighting Act of 1972 for the Maintenance and Servicing of Lighting and Landscaping, and Giving Notice of and Setting the Time and Place of the Hearing on the Annual Levy of Assessments.

BACKGROUND
On an annual basis and before each fiscal year, the City must conduct proceedings to approve the levy of assessments for the City’s landscape and lighting assessment districts so that the County Assessor can place the appropriate assessments on the affected property owners’ tax bill. This process commences with the adoption of a resolution initiating the annual levy proceedings and orders the preparation of the annual engineer’s report for each District, which is included as the first resolution in this staff report. The engineer’s reports are on file with the City Clerk and are incorporated herein by this reference.

The second resolution schedules the public hearing to approve the annual assessments for each District. The City will provide notice of the public hearing in compliance with state law. The public hearing is scheduled for 6:00pm, or as soon thereafter as the matter may be heard, on July 7, 2026.

The City manages 14 Landscaping and Lighting Assessment Districts to operate and maintain public streetscapes and street lighting funded through property tax assessments collected from benefiting lot owners. They primarily serve residential neighborhoods built after the mid-1990s within the Core City as well as the Gossamer Grove Development and the Wonderful Industrial Park.

INTENTION FOR ANNUAL LEVY OF ASSESSMENTS LANDSCAPE AND LIGHTING DISTRICTS 2026-2027
- 2 -
The Public Works Department has prepared the reports for Council consideration and approval, which are on file with the City Clerk. They propose assessment increases of up to 4% to stay current with district costs and inflation for most of the Districts. The regional area used as the basis for a potential consumer price index (“CPI”) increase, Los Angeles-Long Beach-Anaheim, has a documented increase of 3.16% for the most recent annual period considered.

FISCAL IMPACT
There is no fiscal impact with the approval of this item. Annually, the City budgets both the expected revenue from each District and the costs of each District. These revenues and expenditures are included in the 2026-2027 Annual Operating Budget that is on the meeting agenda for approval by the Council. The assessment amounts reflect, as near as possible, the cost of services in each District. No budget action is required.

CEQA ANALYSIS
The action is not defined as a “project” per Section 15378(b)(4) of the CEQA Guidelines because the action is the initiation and ultimate approval of an annual assessment levy and therefore, it is the creation of the governmental funding mechanism or other fiscal activity that does not involve any commitment to a specific project that can result in a potentially significant impact and not subject to CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Resolution Initiating Proceedings – Resolution No. 3091

2. Resolution of Intention – Resolution No. 3092

17236.01004\45086441.1
RESOLUTION NO. 3091

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER INITIATING

PROCEEDINGS FOR THE ANNUAL LEVY AND COLLECTION OF ASSESSMENTS

WITHIN EXISTING CITY LANDSCAPING AND LIGHTING DISTRICTS FOR FISCAL YEAR 2026/2027 FOR THE MAINTENANCE AND SERVICING OF

LIGHTING AND LANDSCAPING (PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972)
WHEREAS, the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code (the “Act”) provides and establishes procedures for the annual levy of assessments for existing Landscaping and Lighting Assessment Districts (the "Districts") located in the City of Shafter, County of Kern, State of California that have been formed pursuant to the Act; and
WHEREAS, the Districts identified in Exhibit “A” were duly formed pursuant to the Act by action of the City Council of the City of Shafter for the maintenance and servicing of public landscaping and street lighting; and
WHEREAS, the City Council has determined that the public interest, convenience, and necessity require the continued levy of assessments within the Districts identified in Exhibit “A” for the purpose of installing, constructing, operating and maintaining landscaping and lighting improvements for the benefit of the parcels of land within the Districts.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA AS FOLLOWS:

1. The foregoing recitals are true and correct and are incorporated herein by this reference.

2. The City Council hereby initiates proceedings for the annual levy of assessments for the Districts identified in Exhibit “A” pursuant to the Landscaping and Lighting Act of 1972 for the purpose of the following improvements during fiscal year 2026-2027:
a) the installation or construction of statuary, fountains and other ornamental structures and facilities;
b) the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals;
c) the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
d) the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and
e) the maintenance and servicing of any of the foregoing.

3. The Public Works Director, or his/her designee, of the City of Shafter is hereby designated as the assessment engineer and is ordered to prepare and file with the City Clerk a report in accordance with Section 22623 of the Landscaping and Lighting Act of 1972 for the annual levy proceedings for all existing Districts identified in Exhibit “A” as required by Chapter 3 of the Act.

Shafter City Council Resolution No. 3091
June 16, 2026

17236.01004\45086441.1

4. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED 16th day of June, 2026
_____________________________
Chad Givens, Mayor

ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

Shafter City Council Resolution No. 3091
June 16, 2026

17236.01004\45086441.1
EXHIBIT “A”
SHAFTER CITY COUNCIL RESOLUTION NO. 3091
June 16, 2026
District No. Development
s Served
Formation Approval Date

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-95
Tract 5774 January 9, 1996

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-98
Tract 5610
APN 026-
321-01
January 9, 1999

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2002
Tract 5856 July 15, 2003

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2005
Tract 6179
Tract 6286
Tract 6287
August 16, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL002-2005
Tract 6301
Tract 7033 August 16, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL003-2005
Tract 6222
Tract 6584
Tract 6910
Tract 6936
October 18, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL004-2005
Tract 6467 December 6, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2006
Tract 6437,
6713
September 5, 2006

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2007
Tract 6738
Tract 6447
Tract 6540
January 16, 2007

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL002-2007
Tract 6777 July 17, 2007

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

Wonderful
Logistics Park
June 16, 2009

Shafter City Council Resolution No. 3091
June 16, 2026

17236.01004\45086441.1
LL001- 2009

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2015
Gossamer
Grove
Specific Plan
February 16, 2016

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2021
Tract 7318 August 17, 2021

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2022
Tract 6490 June 7, 2022

17236.01004\45086444.1
RESOLUTION NO. 3092

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER APPROVING THE ENGINEER’S REPORT AND DECLARING INTENTION TO LEVY

AND COLLECT ASSESSMENTS WITHIN EXISTING LANDSCAPING AND LIGHTING DISTRICTS FOR FISCAL YEAR 2026-2027 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND

SERVICING OF LIGHTING AND LANDSCAPING, AND GIVING NOTICE OF AND

SETTING THE TIME AND PLACE OF THE HEARING ON THE ANNUAL LEVY OF

ASSESSMENTS
WHEREAS, by previous resolution, the City Council (the “City Council”) of the City of Shafter (the “City”) adopted a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments Within Existing Landscaping and Lighting Assessment Districts for Fiscal Year 2026-2027 for the Maintenance and Servicing of Lighting and Landscaping through the City’s existing landscaping and lighting assessment districts (the "Districts") identified in Exhibit "A" pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with § 22500) of Division 15 of the Streets and Highways Code, for the street lighting electrical service and maintenance of street lights, street light poles and other street light related appurtenances located within public right-of-way, and maintenance of landscaping including plants, sprinklers, piping, timers, valves, wiring and any other landscaping related expenses located in the dedicated landscaping easements owned by the City; and
WHEREAS, by said Resolution the City Council ordered the Public Works Director, or his/her designee, of the City of Shafter (the “Engineer”) to prepare and file a report with the City Clerk in accordance with Article 4 (commencing with § 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code; and
WHEREAS, said Engineer has filed such report with the City Clerk, and such report has been presented to and considered by the City Council.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF SHAFTER, CALIFORNIA AS FOLLOWS:

Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference.

Section 2. Intention. The City Council hereby declares its intention to levy and collect assessments within the Districts listed in Exhibit “A” during the fiscal year 2026-2027 pursuant to the Landscaping and Lighting Act of 1972. The areas to be assessed are located in the City of Shafter, Kern County. The general locations of the Districts are provided in Exhibit “A” which is incorporated herein by this reference.

Section 3. Purpose. The purpose of the Districts listed in Exhibit “A” is for the street lighting electrical service and maintenance of street lights, street light poles and other street light related appurtenances located within public right-of-way, and maintenance of landscaping including plants, sprinklers, piping, timers, valves, wiring and any other landscaping related expenses located in the dedicated landscaping easements owned by the City.

Shafter City Council Resolution No. 3092
June 16, 2026

17236.01004\45086444.1
Section 4. Improvements. The general nature of the improvements maintained and serviced in connection with the Districts identified in Exhibit “A” pursuant to the Landscaping and Lighting Act of 1972 are not proposed to change from prior years. The improvements for the Districts for fiscal year 2026-2027 are as follows:
a. the installation or construction of statuary, fountains and other ornamental structures and facilities;
b. the installation or construction of public lighting, facilities, including, but not limited to, street lights and traffic signals;
c. the installation or planting of landscaping, including, but not limited to, street trees, parkways, and median islands;
d. the installation or construction of any facilities which are appurtenant to any improvements listed in (a) through (c) or which are necessary or convenient for the maintenance or servicing thereof including, but not limited to, irrigation, drainage, and electrical facilities; and
e. the maintenance and servicing of any of the foregoing.

Section 5. Report. The report of the Engineer for each of the Districts, on file with the City Clerk and considered by the City Council at the meeting at which this Resolution has been adopted, is hereby approved. All interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the Districts and any zones therein, and the proposed annual assessments upon assessable lots and parcels of land within the Districts listed in Exhibit “A,” which are not proposed to be increased from the previous fiscal year except for certain inflationary increases under the existing methodology.

Section 6. Time and Place of Hearing. On July 7, 2026, at the hour of 6:00 p.m., or as soon thereafter as the matter may be heard,
during the course of its regularly scheduled meeting, the City Council will conduct a public hearing on the question of the levy of the proposed annual assessments. Said meeting is open to the public and all persons interested are invited to attend and be heard. Any person wishing to be heard, or wishing to present evidence either for or against the approval of the action, is hereby notified and directed to either appear at the time and place aforesaid or send written comments at or prior to the meeting to the City Clerk at City Hall, 336 Pacific Avenue, Shafter, CA 93263. Should anyone challenge any proposed action which is the subject of the meeting listed on this notice, that person may be limited to raising those issues addressed at the meeting, or in written correspondence delivered to the City Clerk at or prior to the meeting.

You are encouraged to observe the City Council meeting live via YouTube https://www.youtube.com/user/CityofShafer/. If you wish to make a comment on a specific agenda item or public comment, please submit your comment via email by 5:00 P.M. on Tuesday, July 7, 2026 to the City Clerk at [email protected]. If you wish to make a written comment please submit your comment to the City Clerk, 336 Pacific Avenue, Shafter, CA 93263. If you wish to make a comment during the live meeting by joining the conference via Zoom (include making live comments during the public comment period), callers must first register with the City Clerk at

Shafter City Council Resolution No. 3092
June 16, 2026

17236.01004\45086444.1
[email protected] before the meeting begins to receive instructions and the call-in number and code. All public comments are provided to the City Council and applicable Staff, for review and consideration by the Council prior to taking action on any matters listed on the agenda and are incorporated into the official record of the City Council meeting.

Section 7. Notice. In accordance with Streets & Highways Code Section 22626(a), the City Clerk shall give notice of the time and place of said hearing prior to the date of the public hearing.

Section 8. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED 16th day of June, 2026
_____________________________
Chad Givens, Mayor

ATTEST:
_____________________________
Yazmina Pallares, City Clerk
APPROVED AS TO FORM:
______________________________
Marco A. Martinez, City Attorney

Shafter City Council Resolution No. 3092
June 16, 2026

17236.01004\45086444.1
EXHIBIT “A”
SHAFTER CITY COUNCIL RESOLUTION NO. 3092
June 16, 2026
District No. Developments
Served
Formation Approval Date

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-95
Tract 5774 January 9, 1996

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-98
Tract 5610
APN 026-321-
01 January 9, 1999

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2002
Tract 5856 July 15, 2003

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2005
Tract 6179
Tract 6286
Tract 6287
August 16, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL002-2005
Tract 6301
Tract 7033 August 16, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL003-2005
Tract 6222
Tract 6584
Tract 6910
Tract 6936
October 18, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL004-2005
Tract 6467 December 6, 2005

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2006
Tract 6437,
6713
September 5, 2006

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2007
Tract 6738
Tract 6447
Tract 6540
January 16, 2007

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL002-2007
Tract 6777 July 17, 2007

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2009
Wonderful
Logistics Park
June 16, 2009

Shafter City Council Resolution No. 3092
June 16, 2026

17236.01004\45086444.1

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2015
Gossamer
Grove Specific
Plan
February 16, 2016

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2021
Tract 7318 August 17, 2021

LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO.

LL001-2022
Tract 6490 June 7, 2022

PUBLIC HEARINGS

CITY OF SHAFTER

CITY COUNCIL REPORT
MEETING DATE: June 16, 2026
DEPARTMENT: Marcos Torres, Deputy Public Works Director SUBJECT: 2025 URBAN WATER MANAGEMENT PLAN AND WATER

SHORTAGE CONTINGENCY PLAN RESOLUTION ADOPTION

RECOMMENDATION
Council find that the action is exempt from the California Environmental Quality Act; adopt Resolution 3093, a Resolution of the City Council of the City of Shafter adopting the 2025 Urban Water Management Plan; and adopt Resolution 3094, a Resolution of the City Council of the City of Shafter adopting a Water Shortage Contingency Plan as part of the 2025 Urban Water Management Plan (WSCP).

BACKGROUND
The City of Shafter's 2025 Urban Water Management Plan (UWMP), including the Water Shortage Contingency Plan (WSCP), has been prepared by West & Associates in coordination with City staff pursuant to the requirements of the California Urban Water Management Planning Act (Water Code Section 10610 et seq.), the Water Conservation Act of 2009 (SB X7-7), and guidance issued by the California Department of Water Resources (DWR). The Plan has been reviewed by staff and legal counsel and is being presented to the City Council for consideration and adoption.

Under the Urban Water Management Planning Act, an urban water supplier that provides water for municipal purposes to more than 3,000 customers or supplies more than 3,000 acre-feet of water annually is required to prepare and adopt an Urban Water Management Plan every five years. The City of Shafter meets this definition and is therefore required to update and submit its UWMP to DWR. The 2025 UWMP serves as the City's comprehensive long-range water planning document and evaluates projected water demands, available water supplies, water use efficiency measures, supply reliability, and drought response planning over a minimum 20-year planning horizon.

The 2025 UWMP incorporates updated population, land use, water demand, and water supply information, including compliance with current State water planning requirements. The Plan evaluates water supply reliability under normal, single-dry, and multiple dry-year conditions and includes an assessment of water shortage risks, demand management measures, groundwater supply conditions, and coordination efforts with regional water agencies. As required by State law, the UWMP also incorporates the City's Water Shortage Contingency Plan, which establishes specific

2025 URBAN WATER MANAGEMENT PLAN AND WATER SHORTAGE CONTINGENCY PLAN

RESOLUTION ADOPTION
- 2 -
response actions and water shortage levels to guide the City during periods of reduced water supply availability.

The draft 2025 UWMP and WSCP have been made available for public review in accordance with State requirements. A public hearing has been scheduled to receive public comments and provide interested parties with an opportunity to participate in the planning process prior to adoption. Following consideration of any comments received, the City Council may adopt the 2025 UWMP and WSCP by resolution and authorize staff to submit the documents to DWR and other required agencies.

Adoption of the 2025 UWMP and WSCP will ensure the City remains in compliance with State water planning requirements and continues to provide a comprehensive framework for sustainable water resource management, water supply reliability, and drought preparedness for the community.

FISCAL IMPACT
There is no fiscal impact with the requested action. The potential economic impacts of the City's implementation plan for complying with the water conservation goals are factored into the current and future fiscal year budgets.

CEQA ANALYSIS
The project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to California Water Code Section 10652. The project consists solely of the preparation and adoption of the City of Shafter 2025 Urban Water Management Plan (UWMP) and Water Shortage Contingency Plan (WSCP), which are required under the Urban Water Management Planning Act (Water Code Section 10610 et seq.). Water Code Section 10652 expressly provides that CEQA does not apply to the preparation and adoption of urban water management plans or to the implementation of actions taken pursuant to Water Code Section 10632. The proposed action is a planning and policy document that does not approve, fund, or authorize any specific construction project, expansion of water supplies, or physical changes to the environment.

Therefore, adoption of the 2025 UWMP and WSCP is exempt from CEQA.

APPROVED BY THE CITY ATTORNEY
Yes

ATTACHMENTS

1. Resolution No. 3093

2. Resolution No. 3094

3. 2025 UWMP Draft

4. PPT Presentation_Shafter 2025 UWMP

RESOLUTION NO. 3093

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAFTER ADOPTING THE 2025 URBAN WATER MANAGEMENT PLAN
WHEREAS, The California Urban Water Management Planning Act, (Wat. Code § 10610, et seq.) (the Act), mandates that every urban supplier of water providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water annually, prepare, and adopt an Urban Water Management Plan (Plan); and WHEREAS, the Act generally requires that said Plan be updated and adopted at least once every five years on or before July 1, in years ending in six and one; and WHEREAS, urban water suppliers are required to update and electronically submit their 2025 Plans to the California Department of Water Resources (DWR) by July 1, 2026; and WHEREAS, pursuant to Water Conservation Act of 2009, also referred to as SB X7-7 (Wat. Code § 10608 et seq.), an “urban retail water supplier” is defined as a water supplier that directly provides potable municipal water to more than 3,000 end users or that supplies more than 3,000 acre feet of potable water annually at retail for municipal purposes, and an “urban wholesale water supplier” is defined as a water supplier that provides more than 3,000 acre feet of water annually at wholesale for potable municipal purposes; and WHEREAS, the City of Shafter (City) meets the definition of an urban retail water supplier for purposes of the Act and SB X7-7; and
WHEREAS, the City has prepared a 2025 Plan in accordance with the Act and SB X7-7, and in accordance with applicable legal requirements, has undertaken certain coordination, notice, public involvement, public comment, and other procedures in relation to its 2025 Plan; and WHEREAS, in accordance with the Act and SB X7-7, the City has prepared its 2025 Plan with its own staff, with the assistance of consulting professionals, and in cooperation with other governmental agencies, and has utilized and relied upon industry standards and the expertise of industry professionals in preparing its 2025 Plan, and has also utilized DWR’s Urban Water Management Plan Guidebook 2025, including its related appendices, in preparing its 2025 Plan; and
WHEREAS, in accordance with applicable law, including Water Code section 10621(b), a Notice of Plan Preparation was sent to any city or county within which the City provides water supplies at least 60 days before the required public hearing on its 2025 Plan, on April 3, 2026; and WHEREAS, in accordance with applicable law, including Water Code section 10642 and Government Code sections 6066 and 7290 et seq., a Notice of a Public Hearing regarding the City’s 2025 Plan was published within the jurisdiction of the City on May 28, 2026 and June 4, 2026; and

Shafter City Council Resolution No. 3093
June 16, 2026