City Council and Concurrent Authorities
June 9, 2026

2026 AQUATICS AND FACILITIES MANAGEMENT AGREEMENT
This Agreement is made and entered into on ____________________, by and between the City of Stockton, a municipal corporation of the State of California, (hereinafter “City”), and Community Services Solutions LLC, (hereinafter “Operator”) for the exclusive use of the facilities identified in Exhibit 1: Aquatic Facility Locations for Aquatic Facilities (hereinafter “Facilities”). The City and Operator may be referred to collectively as “Parties” or in the singular as “Party” as the context requires.

City, for and in consideration of the rents, covenants, and agreements contained herein to be performed by Operator, does herby enter into this agreement with Operator for certain areas together with the facilities and improvements located thereon which are located within the City of Stockton and outlined on the attached list of facilities and maps marked Exhibit 1 for the purpose of operating swimming pools and additional activities associated with conducting a summer swimming program.

NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and agreements herein contained the parties hereby agree as follows:

ARTICLE 1: TERM AND TERMINATION.

Term. The term of this Agreement is for one (1) swim season commencing on date attested above and terminating on December 31, 2026.

Termination by Operator. Operator may terminate the Agreement with thirty (30) days written notice to the City (“Termination Notice”). Operator may not issue a Termination Notice from one hundred and twenty (120) days before the first day of any swim season through swim season closeout, as detailed in Article 5.

Breach of Obligations by Operator; Right to Cure. In the event the City determines the Operator has substantially failed to fulfill the obligations as provided under this Agreement, City shall provide Operator with written notice detailing specific obligations which City claims Operator has failed to fulfill and notifying Operator that it is deemed to be in breach of the Agreement (“Notice”). If the breach is not cured within the time specified in the Notice, or if the City and Operator cannot agree on a schedule for curing the breach, the Agreement will be deemed terminated on a date specified by City which will be no sooner than ten (10) days from the date of issuance of final notice. In the event this Agreement is terminated by City, Operator shall promptly cooperate with the transition of the Facility to City according to all applicable laws and the terms of the Agreement.

Termination Due to Catastrophic or Natural Disaster. If, because of any catastrophic or natural disaster, it becomes impossible for Operator to render services and perform under this Agreement, City and Operator shall meet to discuss termination, closure and transition of the Facility to the City within ten (10) days of catastrophic cause, or as soon thereafter as practical.

Vacation of Premises. Operator agrees to fully vacate the Facilities at the termination of this Agreement. Should Operator fail to vacate as herein provided, Operator agrees that City or its authorized agents may enter upon the premises and remove all personal property and equipment therefrom and that the cost of removal and any temporary storage or disposal shall be billed to the Operator and shall be the responsibility of Operator. The City shall, within its sole discretion, determine whether any such property or equipment shall be stored or disposed of. Nothing herein shall be considered a waiver of the City’s rights under the law to demand and obtain possession of the in the

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event of a violation of Operator’s part of any of the terms or conditions hereof.

ARTICLE 2: DEFINITIONS.

In addition to terms defined elsewhere in this Agreement, the following terms have the meanings referred to in this section:
“Agreement” means this facilities management agreement. “City” means the City of Stockton, a municipal corporation, and its authorized representatives, officers, officials, directors, employees, and agents.
“Director of Community Services” means the Director of Community Services of the City of Stockton, CA or the Director’s designee.
“Facilities” means the pool facilities and improvements, located at the related aquatic sites in Stockton, California, also collectively known as the aquatics facilities and as identified in Exhibit 1:

Aquatic Facilities Locations.
“Fiscal Year” means the one-year period from July 1 through June 30. “Laws” means all federal, state, local, and municipal regulations, ordinances, statutes, rules, laws, and constitutional provisions.
“Operator” means the operator the aquatic facilities listed in this Agreement. “Parties” means Operator and City of Stockton.
“Prevailing Wage” means any requirements by the State of California and the Department of Industrial Relations (DIR) by Operator to pay Prevailing Wage rates to all public works contracts as set forth in Labor Codes sections 1720, 1720.2, 1720.3, 1720.4, and 1771. “Reports” means all reports identified, including miscellaneous, weekly, and monthly reports for facility to be prepared by Operator as set forth in Article 5 and Exhibit 8: Scope of Services.

ARTICLE 3: COMPENSATION AND REVENUE.

Compensation. Operator shall receive $57,000 subsidy for operation of facilities for the term of this agreement, paid upon invoice and receipt of data according to Exhibit 6: Compensation Schedule.

Invoices received by Operator shall be paid via City purchase order as follows:

Thirty-three percent (33.33%) of the contract amount shall be paid within thirty (30) days of receipt of an invoice and submission of the following: a valid business license, approved insurance certificates and endorsements, a program plan, and a signed compliance statement for HR 40 fingerprinting and disqualifying criminal convictions. Payment will be issued via purchase order after the contract has been fully executed and attested
The second 33.33% payment shall be invoiced by the Operator on July 1 and will be paid within thirty (30) days of receipt of the invoice and supporting documentation, including weekly and monthly statistics and reports for May and June.

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The final 33.34% payment shall be invoiced by the Operator within fifteen (15) days of the last day of the summer swim season and will be paid within thirty (30) days of receipt of the invoice and supporting documentation, including weekly and monthly statistics and reports for July, August, and September.

For all payments described in this section, the City’s obligation to issue payment within thirty (30) days is contingent upon the Operator’s submission of all required invoices, reports, and supporting documentation specified herein. If any invoice or supporting documentation is incomplete, unclear, or otherwise requires additional information, the City shall notify the Operator, and the thirty (30) day payment period shall restart upon the City’s receipt of all requested additional information or documentation.

Revenue. Operator shall receive 100% of the proceeds from all income producing activities associated with the Facilities, including, but not limited to the following: swim lessons, aquatic program fees, free swim, snack bar sales, special event rentals, fund raising, etc. One exception is rentals to swim teams where percentage of income kept shall be negotiated.

ARTICLE 4: INDEMNIFICATION AND INSURANCE.

Insurance Requirements. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit 2 to this Agreement and shall otherwise comply with the other provisions of Exhibit 2 to this Agreement.

Proof of Insurance. Operator shall provide proof of insurance in the required form to the City’s Risk Manager prior to contract attest as evidence that it has complied with the insurance requirements set forth in Exhibit 2.

Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs, attorney fees, and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

Tender of Claims. Operator shall accept tender of any third-party claim submitted to it by City because of Operator’s obligation herein within thirty (30) days of such tender.

Use of Contractors/Subcontractors Operator. If the Operator uses Contractors or Subcontractors for performance of its obligations pursuant to this Agreement, the Contractor/Subcontractor agrees to be bound to the Operator and City in the same manner and to the same extent as Operator is bound to the City under this Agreement, including all Indemnification and Insurance requirements. As to any Subcontractor, it shall be as to the extent the Indemnification and Insurance requirements apply to the scope of the Sub- contractor’s work. A copy of this Agreement will be furnished to the Contractor and Subcontractor upon request.

ARTICLE 5. MANAGEMENT RESPONSIBILITIES
Management Responsibilities. Operator owes to City the duty to perform its obligations under this

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Agreement and to conduct the management, operation, and daily maintenance of the Facilities at all times with integrity and good faith efforts consistent with the well-being of the greater Stockton community in a manner consistent with industry practices and all applicable laws, permits, and requirements Operator shall follow policies and guidelines established by the City that are applicable to the operation and maintenance of the Facilities. Operator shall not enter any material contracts which extend beyond the term of this Agreement and any extensions thereto. Operator shall be responsible and comply with the terms and conditions of this Agreement; operating the Facilities with a full understanding of the standards and guidelines as well as in full compliance with laws, regulations and other legal requirements that apply to the Facilities.

Operator Control of Facilities. After inspection by the County and the City, the Operator takes possession of the Facilities to clean, prepare, and train staff for the current swim season by a day as mutually agreed upon. The final date will be no later than October 31; the exact date shall be mutually agreed upon and confirmed in writing by both parties.

Pre-Season Inspection. Operator shall be prepared for a City final operations inspection of facilities and staff training on Thursday before Memorial Day Weekend in preparation for the Memorial Day weekend opening.

First Day of Swim Season. Operator shall open Facilities for swim season the Saturday of Memorial Day weekend for a full weekend of services before resuming approved weekly Facilities schedule.

Hours of Operation for Each Swim Season. Hours of operation for each aquatic facility shall be mutually agreed upon by the City and Operator in writing prior to the start of each swim season. Any deviation from the agreed-upon schedule requires prior mutual agreement of both parties. Operator shall provide at least twenty-four (24) hours written notice of any proposed change and obtain City approval before implementation.

Memorial Day Weekend. Facilities shall be open Saturday, Sunday, and Monday of Memorial Day weekend. Pool shall then begin the regular June schedule.

Weekly Schedule for Aquatic Locations. Pools shall be open according to a weekly schedule that is mutually agreed upon by the City and Operator in writing. The schedule may be updated from time to time by mutual written agreement of both parties.

Swim Season Close Out. City and Operator will tour and inspect Facilities on the second week of September (or as mutually agreed upon) to complete close out inspection and return keys if appropriate.

Possessory Interest, Taxes, Assessments, Permits, Fines. Operator shall pay all taxes, including possessory interest, assessments, permits, or fines related to all aspects of operation of the Facilities.

For clarity, Operator shall pay such costs related to Facilities operations only.

Expense Obligation. Except as set forth elsewhere herein regarding maintenance, repairs, chemicals and the like, Operator agrees to pay 100% of all costs and expenses related to Operator’s operation of the Facilities without limitation. In the event the Operator incurs costs related to the operation and use of the Facilities, the City will not be required to pay any part of any such expense, and the Operator shall not have any claim against the City on account of any costs or expenses related to the operation or repair of the Facilities.

Qualified Personnel. Operator shall abide by standards set by City as to the number of supervisory

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personnel required at each aquatic location when the pool is in operation. Operator shall use certified lifeguards with training from any reputable trainer and minimum staffing standards in alignment with state requirements, City policy, and as may be mutually agreed upon.

Weekly and Monthly Reports. Operator shall provide the following reports as required:

Programming Plan: Annually, Operator shall provide a program operation plan for City’s review and approval to include, but not limited to, general operating hours by day, fees for each type of activity, special events, public use, and any other services generally offered to the public. This shall be provided to City before May 1 of each term, or an alternate date as mutually agreed upon.

Weekly and Monthly Participation Reports: Reports for actual daily use (participants and spectators), number of rentals, schedule of programs, program fees, listing of programs offered. The participant and spectator numbers should be tied to program totals. Note:

Statistics should be provided on daily use by activity, summarized in weekly report which correlates to monthly reports. The reports should be updated weekly and available in an online format as mutually agreed upon.

Daily Chemical logs: Operator shall maintain one Chemical log which will report all mandatory activities regarding water quality. Log shall be hourly, kept in a location for water quality vendor to review as needed; copies provided to city weekly during weekly inspection.

Operator Inventory Report: List of Operator owned equipment on site to be provided at season start up inspection and verified at season close inspection, as identified in Exhibit 5:

Facilities Inventory
City Inventory Report: List of City owned equipment and materials on site which shall be provided at season start up inspection and verified at season close inspection as identified in Exhibit 5: Facilities Inventory
List of Certificates: Operator shall provide the City with a complete list of all assigned personnel, including copies of all required and valid certifications, no later than seven (7) days prior to the first day of work. Additionally, Contractor shall submit a weekly summary identifying all personnel who worked at the facility during the preceding week.

Pre-Season Site evaluation and Recommendation Report: as further clarified in Exhibit 8:

Scope of Service
Post-Season Closure Report: As further clarified in Exhibit 8: Scope of Service Day to Day Management of Facilities. Operator shall have sole responsibility for the day-to-day management of Facilities operations and programming.

Operational Oversight and Inspection. City reserves the right, at any time and without prior notice, to observe, inspect, monitor, and evaluate the operation of the Facilities and Operator’s performance under this Agreement. Such oversight may be conducted by City staff, the City’s representatives, consultants, contractors, safety evaluators, or other designees authorized by the City.

Operator acknowledges that the City may conduct announced or unannounced site visits for purposes including, but not limited to, evaluating patron safety, staffing levels, lifeguard

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attentiveness, emergency preparedness, customer service, facility cleanliness, operational compliance, and adherence to City policies, industry standards, and the requirements of this Agreement.

Operator shall fully cooperate with such inspections and evaluations and shall provide access to Facilities, personnel, operational records, certifications, logs, and other materials reasonably requested by the City. Nothing in this section shall limit the City’s right to take corrective action or require corrective measures if deficiencies or unsafe conditions are identified.

Oversight by Operator. Operator shall provide an agreed upon minimum level of staffing and qualified management to provide the day-to-day management of Facilities as contemplated in this Agreement. Operator shall also establish and provide management policies and procedures to adequately operate Facilities pursuant to this Agreement. Copies of lifeguard certificates, first aid certificates, and Certified Pool Operator certificate(s) for all applicable personnel must be submitted to the Community Services Department prior to the first day of operation. In addition, Operator shall provide a Certified Pool Operator (CPO) to maintain all aspects of pool maintenance including chlorine levels, Ph levels, and equipment for hours of operation. Any changes to personnel or policies should be documented and provided to the City weekly during inspection.

After-Hours Facility Emergencies. For after-hours facility emergencies, Operator shall contact Public Works regarding the emergency via an after-hours phone at (209) 937-8341.

Promotion of Facilities. The City and Operator will actively cooperate to promote Facilities. City and Operator shall work together to promote Facilities through City avenues to market activities.

Responsibilities to Operate, Maintain, Permit and Provide Supplies. Except as set forth elsewhere herein regarding maintenance, repairs chemicals and the like, Operator shall be responsible for the management, operation, and routine daily maintenance of the Facilities including but not limited to, full scheduling of programs, staffing, marketing, and daily janitorial maintenance of Facilities, concession sales, rental, and daily cleaning and maintenance of all areas contained within the Facilities.

Operator shall keep facilities in clean and sanitary condition, performing routine daily maintenance, including but not limited to hosing down the pool decks, shower area and bathrooms, routine daily and hourly cleaning of bathrooms and floors, sinks, and toilets, picking up of trash and litter in and around the pool area, and other routine janitorial maintenance (including spot inspections) to insure total cleanliness of the entire Facilities.

City will obtain permits from the San Joaquin County for pool operations. City will obtain permits and inspections, if any, for chemical storage plus any additional permits required to meet City and county or state requirements for the operation of Facilities as contemplated under this Agreement. Operator covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

At the conclusion of this Agreement, Operator is responsible for returning the Facilities to the condition in which it began operations.

New Hire, Recruitment, and Staffing Guidelines. Operator shall hire, supervise, and manage all personnel (paid or volunteer) necessary for the management, operation, and routine daily maintenance of Facilities and shall comply with City’s administrative directive with respect to fingerprinting Operator employees and volunteers. Any individual who has been convicted of certain

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criminal offenses as set forth below, is not eligible to work or volunteer under this Agreement.

Operator shall comply with the relevant portions of City’s Administrative Directive HR-40 (Exhibit 3) regarding who must be fingerprinted and what offenses or disqualifiers will prohibit an individual from working at Facilities. Operator employees and volunteers, if applicable, are required to submit fingerprints in a manner authorized by the State of California Department of Justice. Operator and all applicable employees/volunteers shall submit fingerprints prior to start of work. Operator is responsible for all costs of fingerprinting and background check. Any individual who has been convicted of certain criminal offenses (disqualifiers) is not eligible to work at Facilities. The disqualifying criminal convictions are as follows: Any of those offenses identified in Public Resources Code, section 5164 except for Penal Code sections 211, 215, 236, or 240, provided, however, that any individual who has been convicted of violating Penal Code sections 211, 215, 236, or 240 may, in the sole discretion of the Operator or the City, nevertheless be ineligible to work or volunteer at the Facilities under this Agreement. In addition, if any of the Operator’s employee(s)/volunteer(s) assigned is/are subsequently found to have a disqualifying conviction, that/those individuals shall be immediately removed from the Facilities and shall not be allowed to perform any further work under this Agreement. If the Operator is subsequently found to have a disqualifying conviction, the contract may be immediately terminated by City. The Operator shall certify in writing to City before the first day of each season of operation that neither the Operator nor any of Operator’s employees have been convicted of any of the offenses specified in California Public Resources Code section 5164 or City of Stockton Administrative Directive HR-40.

Signature of Compliance for HR-40. Operator shall confirm, in writing, prior to each swim season (see Exhibit 4: Signature of Compliance for HR40) to City that Operator employees/ volunteers have been fingerprinted and not convicted of any of the offenses specific in California Public Resources Code section 5164 or City of Stockton Administrative Directive HR40, Fingerprinting Snack Bar Sales. Operator is granted the exclusive right to sell food and merchandise at the Facilities at the sole cost and expense of the Operator. Operator shall retain all revenue from concession sales. Operator shall provide copies of all related concession licenses for City review if requested. It shall be the sole responsibility of Operator to ensure that all food and beverage products sold by Operator, or its concessionaire(s) shall conform to all applicable federal, state and local laws, including the
California Health and Safety Code, and other requirements. Operator is responsible to timely report and pay all sales tax.

Emergency Contacts. Operator shall provide City with emergency phone numbers of key staff and Board Members. Operator shall ensure that City representatives could communicate with said persons twenty-four hours a day when emergency conditions occur.

Facility Use Agreements. Operator shall be responsible for entering into Facility Use Agreements with all renters and users of the Facilities for aquatic and rental activities. Operator shall be responsible for developing the form of each Agreement and complying with all requirements established by City Risk Services and contract compliance requirements for users of the Facilities.

Compatible Use. Operator agrees not to make use of Facilities and property in any way which will endanger human health or the environment, create a nuisance or otherwise be incompatible with the use of the Facilities as they are intended and according to the terms and conditions of this Agreement and general use of an Aquatic Facilities.

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Sponsorship of Programming. The Operator has the right to establish a sponsorship program for operational activities at each location to offset the cost of those programs. Sponsorships can be identified on flyers, websites, and banners. Any publication of sponsorship should identify and provide limiting language that the activities are supported by the sponsor. City and Operator can work together to find mutually agreeable language for sponsors.

ARTICLE 6. MAINTENANCE, JANITORIAL, AND SECURITY OF FACILITIES Acceptance of Conditions of Facilities. Operator accepts the Facilities and all equipment hereunder in their present ‘as is’ condition, without warranty by City or any duty or obligation on the part of the City to maintain the facilities other than as set forth herein. At the end of the term of this Agreement or its earlier termination, Operator shall surrender to the City, the Facilities in the same condition as when received, less reasonable use and wear and tear, damage caused by an act of god or by the elements excepted. Operator shall remove all equipment and personal property of the Operator, except, however, the City may approve, in writing, any deviation from this requirement. If Operator fails to remove its property after notice by City, Operator agrees that City may remove said property and bill the cost of removal and/or storage, if necessary, to Operator, who agrees to be responsible for such costs.

Improvements. Operator is not granted permission to construct improvements on the Facilities.

Janitorial Services, Maintenance, and Security of Facilities. Operator shall be responsible to supervise the safety and sanitary conditions of their use of the Facilities and shall remedy without delay any unsafe, dangerous, or unsanitary conditions therein (except that City shall be responsible for the maintenance, repairs and chemicals as described below). If there are any safety or security issues related to water quality or equipment, Operator shall promptly notify the City of any concerns.

In addition, Operator shall be responsible for the daily routine maintenance and housekeeping of the facility and all adjacent areas, keeping them in a safe, clean, wholesome, and good condition, and sanitary condition. Operator shall always ensure that during the term of this Agreement that Facilities shall be kept free of trash, garbage, and obstructions of any kind, and ensure that all trash resulting from cleaning shall be placed in appropriate containers. Facility shall be kept in compliance with all applicable present and future laws relating to sanitation, public health, safety, or welfare or any general rules and regulations of any governmental authority in force now, or at any time, during the term of this Agreement. City agrees Operator has no responsibility for any repairs, maintenance, or work to the Facility including but not limited to repairs to any building, fixtures, equipment, plumbing, electrical or mechanical systems, landscaping, or roadways.

Utilities and Water. City is responsible for and agrees to pay for all utilities (inclusive of gas, propane, electric, water, sewage, wastewater, discharge fees, charges, inspections, reports, communication, and related costs) utility use, including connections and upgrades for Facilities. City is responsible for payment of all charges, reports, inspections, fees, service charges, and other requirements related to the use permits, licenses, and permit requirements. Operator agrees that all water usage and regulations in connection with these Facilities be monitored and adhered to by the Operator. Operator shall immediately contact Municipal Utilities and Community Services Departments if there is any discharge or release of water or materials into the storm drains at Facility.

Operations, Permits, Licenses. Operator shall, for the conduct of operations of Operator’s operations under this Agreement and at its sole expense, obtain and maintain in full force and effect throughout the Term and any extension thereof, all applicable permits and licenses which may be required by any law, including administrative regulations, regulatory requirements, regarding Operator operational requirements. Including without limitation, a City business license.

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All users of the Facilities shall be required to adhere to all City and Operator terms and conditions, procedures, rules, and regulations now and hereafter adopted by City for use and control of the Facilities. Operator shall conform to and enforce all rules and regulations now and hereafter adopted for the use and control of the Facilities. This includes all local and state requirements for recreation, health, and public safety.

Operator shall have sole responsibility for enforcing all applicable rules and regulations, including being responsible to ask those individuals who are in violation of the rules to leave the premises immediately.

Operator shall be responsible to report, file and pay all sales and use taxes. The City reserves the right to review all sales and use tax returns.

State of California and San Joaquin County Hazardous Materials Storage, Reporting, and Safety Plan Requirements. Operator shall train all staff to be familiar with the California Environmental Reporting System (CERS) requirements, and to be able and willing to identify any situation that may not or does not meet the state and local requirements for storage of hazardous materials. Operator shall promptly report any concerns to City. The City is responsible for the reporting of hazardous materials and filing of a Business Plan and or a safety plan if required. City may be required to obtain chemical storage permit as required.

Certified Pool Operator/Water Quality Assurance. Operator agrees that a Certified Pool Operator (CPO) shall maintain California Regulatory Title 22 charts and reporting requirements at all facilities and shall coordinate all water quality issues with City and City Contractor for water quality. If a health concern (fecal event, water contamination or issue of concern) occurs, Operator staff shall immediately close the pool, notify all swimmers to exit the water, and not allow the pool to reopen until City and/or water quality vendor notifies Operator the pool is safe for swimming. During the day, if it becomes necessary, CPO shall notify City Water Quality Vendor of any needs or concerns. CPO and lifeguards under the direction of CPO, shall monitor, and appropriately document pool maintenance and water quality/chemistry per direction by City. Water quality records using the form supplied by City shall be filled out according to policy and kept in a key location at the Facilities, copies of the water quality logs shall be turned in according to Article 5 and made available to City and San Joaquin County inspectors upon request. Operating instructions regarding water quality assurance activities may be changed via written notice.

Security. The City is responsible for security services at each of the city pools. The operator shall be responsible for determining the operational security needs of the Facilities, arranging for adequate staff and security for all events at the Facilities. Operator shall maintain copies of all City provided reports on site during current swim season (ex: Security Plan, Evacuation Plan, and other reports as required by City Safety Officer and/or applicable local and state codes).

First Aid and Signage/Equipment/Condition Requirements. City shall be responsible to provide and maintain all required signage, safety equipment, and start up for 10-person first aid kit items.

Operator shall be required to maintain first aid supplies in the amount initially provided by City.

Operator shall immediately notify the City before Facilities opening if Operator daily pre-opening inspection shows there is a deficiency in signage, water quality standards, safety equipment, or evidence of graffiti, and or vandalism. Operator shall also fill out required incident reports or police reports and provide an electronic copy by end of business day.

Right of Entry, Keys, and Security Codes. Installation of locks and keys will be the responsibility Type text here

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of the City. City reserves the right to install a security system. Operator shall be provided a copy of City key policies and enforce those rules with employees. Operator shall assign unique employee code to each employee with key carrier rights. City and Operator shall maintain a list of key holders to be turned in to City within three (3) weeks before swim season start. If an Operator employee is terminated, Operator shall receive and return to City all assigned keys upon termination. Operator shall not copy City keys. City shall maintain right to enter to inspect or repair the Facilities. Upon termination of Agreement, Operator shall surrender all sets of keys to the Facilities to City on the final Facilities swim season close out inspection. Failure to maintain internal controls over pool may require the Operator pay for the Facilities to be rekeyed at sole cost of Operator.

Water Quality Maintenance and Supplies. The City through its water quality vendor shall be responsible to purchase/deliver pool chlorine and chemicals for the term of this Agreement. Pool chemicals include algae, acid, stain, and scale treatments. City shall purchase and provide filters for filter breakdown. City shall maintain the ultimate responsibility to maintain water quality standards with the support of Operator during open hours. Operator and City shall work cooperatively to maintain safe water quality standards at all times. City shall be responsible to pay for maintenance related to pool equipment, pumps, filters, etc. City shall be responsible for building and grounds maintenance as defined by fencing, graffiti removal, vandalism, landscaping, and irrigation. Operator shall promptly notify City if any condition occurs during Operator management of Facilities which may affect health and safety of visitors.

Notice of Inspection. If regulatory inspections occur on site, Operator shall immediately notify City of the inspection and outcome.

Notice of Closure. If Operator must shut down Facilities during regularly scheduled hours (as identified in Article 5), Operator must notify the City authorized representative 24 hours prior to proposed closure or immediately after the Facilities are closed.

Notice of Media Contact. If the media arrives on site to report, photograph, or interview, Operator shall immediately contact Director of Community Services (or designee) and the City’s Public Information Officer at (209) 937-8827.

Police Reports. Operator promptly notify the Community Services Department if laws are broken, or if theft occurs. Operator shall file related police reports and incidents report in a timely manner and provide an electronic copy by close of business day.

ARTICLE 7. GENERAL PROVISIONS.

Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the parties, or by any third person, as creating the relationship of employer and employee, principal, and agent, limited or general partnership, or joint venture between City and Operator or its agents, employees, or contractors. Nothing herein contained is intended to be construed as creating or establishing a relationship of partners, or a joint venture between Operator or City. Operator shall not be considered a tenant and shall gain no right to occupy facilities as a tenant or any other property right or interest in the Facilities by virtue of this Agreement. Neither Operator, its principal, nor any Operator employee or volunteer is an employee of City and none are entitled to any of the rights, benefits, or privileges of City employees, including but not limited to medical, unemployment, or worker’s compensation. Except as City may specify in writing, Operator shall have no authority to act as an agent of City or bind City to any obligation. Nothing in this Agreement, either express or implied, is intended to confer upon any person or entity, other than City and Operator and their respective officers, directors, employees, and agents providing services under this Agreement any rights,

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remedies, obligations, or liabilities or by reason of this Agreement.

Control. Neither City nor its officers, agents, or employees and/or, volunteers shall have sufficient control over the conduct of Operator or any of Operator’s employees, except as herein set forth; and Operator expressly agrees not to represent that Operator or any of Operator’s agents, servants, or employees, to be deemed the agents, servants, or employees of City.

No Third-Party Beneficiaries. No person or entity, other than Operator shall be deemed to be a third-party beneficiary hereof, or a third party to the Facilities.

Debt Liability Disclaimer. City will not be liable for any debts or claims that arise from the obligations of the Operator.

Title VI ofthe Civil Rights Act and Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave.

Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”(42USCSection2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities, regardless of funding source.

In performing services under this Agreement, Operator shall not discriminate in the employment or application of employment of employees or in the engagement of any contractors or subcontractors based on race, color, religion, sex, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Operator agrees to comply fully with all applicable federal, state, local laws, ordinances, executive orders, and regulations which prohibit discrimination.

The City of Stockton has a Discrimination and Harassment Policy which is attached and as Exhibit 7:

HR15, Harassment and Discrimination Policy. The purpose of the policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

Assignment. Operator may not assign, sublet transfer, or otherwise alienate its rights and obligations pursuant to this Agreement, without written consent of the Director of Community Services, and then only upon such terms and conditions as City may set forth in writing. Operator shall be solely responsible for reimbursing vendors, contractors, employees, and subcontractors.

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Reserved Rights. During the term of this Agreement, there shall be and is hereby expressed reserved to City and its agencies, contractors, agents, employees, representatives, or licensees, the right to use the Facilities and Property for all purposes which will not unreasonably interfere with Operator’s enjoyment of its rights under this Agreement. City reserves the right to make use of the property for such proposes as it may deem necessary or appropriate, if, and whenever in the interest of its service to customers or the public, it shall appear necessary or desirable to do so. City further reserves the right at all reasonable times, to temporarily enter upon said premises for inspection or other lawful City purposes.

Notices. All written notices and communication required to be given under the provisions of this Agreement shall be delivered personally, or mailed and addressed as follows:

To City: City Manager
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8212
With copy to: Community Services Director
City of Stockton
605 N. El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8373
To: Community Services Solutions LLC
4255 Morada Lane Unit 279
Stockton, CA 95212
Phone: (209) 922-8763
Waiver. Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied form any delay or failure by City to act on any breach or default of Operator or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Operator to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Operator shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for City’s written consent to future waivers.

Applicable Law, Resolutions of Disputes, Forum, and Attorney’s Fees. California law shall govern any legal action pursuant to this Agreement with venue in the applicable state court or forum for San Joaquin County, Stockton Division and for federal claims in the federal district court for California, Eastern District, Sacramento Division. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

Severability. The provisions of this Agreement are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties,

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the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

Integration and Modification. This Agreement represents the entire integrated agreement between Operator and City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by written instrument signed by Operator and Community Services Director. All Exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached Exhibits, the terms of this Agreement shall prevail.

Title of Parts and Sections. The Title of parts and sections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or intent.

Language Construction. The Language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for all cases and for all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity any status of any person.

Records, Audits, Reports. Operator agrees that City or its designee shall have the right to review, obtain, and copy all records pertaining to the performance of the Agreement. Operator agrees to provide the City any relevant information requested and shall permit City or designee access of its premises, upon reasonable notice, during normal business hours for the purpose if interviewing employees and inspecting/copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Agreement. Operator agrees to maintain such records for a period of three (3) years after termination of Agreement. Operator agrees to send annual report to City in May of each year for the term of the Agreement.

Condemnation. If the whole or any substantial part of the Facilities shall be taken by any paramount public authority under the power of eminent domain, then this Agreement shall be terminated as to such Facilities from the day when the possession of that part shall be taken for said public purpose.

All damages awarded for this taking shall belong to and be property of City, and all agreements pertaining to that sale including without limitation all related agreements. However, City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Operator, if any.

Discretion of the City. City’s execution of this Agreement in no way limits the discretion of City in the permit and approval process in connection with any improvements by Operator.

Entire Agreement. This Agreement and any Exhibits attached hereto constitute the sole and entire agreement of the parties hereto with respect to the matters herein and correctly sets for the rights, duties, and obligations of each to the other as of the date first written above. There are no other Agreements or understandings, written or oral, between the parties regarding this Agreement other than those set forth herein. All prior or contemporaneous negotiations, Agreements, and understandings, oral, written, are revoked, cancelled, and rescinded, and are all merged herein and superseded hereby.

The following exhibits are included and incorporated into this Agreement by this reference:

Exhibit 1 Aquatics Facilities Locations
Exhibit 2 Insurance
Exhibit 3 HR 40, Fingerprinting

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Exhibit 4 Signature of Compliance for HR 40
Exhibit 5 Facilities Inventory
Exhibit 6 Compensation Schedule
Exhibit 7 HR15, Harassment and Discrimination Policy
Exhibit 8 Scope of Services
Non-Liability of City Officials. No member, official, employee or agent of City shall be personally liable to Operator in the event of any default or breach by City or for any amount which may become due to Operator or its successor or on any obligation under the terms of this Agreement.

Law Abiding Conduct. Operator agrees that it shall comply with all the applicable laws and ordinances, administrative regulations, and orders of appropriate government authority in the conduct of its business and further agrees that City shall have the right to enter upon said premises at reasonable times for the purpose of inspection and ensure enforcement of this Agreement and ordinances and laws governing Operator’s use of Facilities.

Conflict of Interest. Operator covenants that other than this Agreement, Operator has no financial interest with any official, employee, or other representative of the City. Operator and its principals do not have any financial interest in real property, sources of income, or investment that would be affected in any manner of degree by the performance of Operator’s services under this Agreement.

If such an interest arises, Operator shall immediately notify the City.

Confidentiality. Operator shall exercise all reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

Digital Signature. The Parties agree that this agreement may be signed with a digital signature, which has the same force and effect of a handwritten signature.

Dispute Resolution. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between the senior managers of each Party having authority to resolve the dispute. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in-house legal services), costs and necessary disbursements incurred in such action or proceeding.

Public Record Requests. Any documents provided by Operator to City are public records and City may authorize third parties to review and reproduce such documents pursuant to the public records laws and policies including the California Public Records Act. If the Operator receives a public records request, Operator shall immediately forward the request directly to the Director of Community Services.

Force Majeure. For purposes of this Agreement, “Force Majeure” shall mean earthquake, fire, or other casualty, flood, landslide, epidemic, unforeseeable adverse weather, “acts of God”, war, civil disturbance, court ordered injunction, intervention by civil or military authorities or government, strikes, lockouts, boycotts, or other labor disputes, to the extent any of the foregoing are beyond the reasonable control of either City or Operator and which cause either party to be delayed or hindered in or prevented from the performance of any covenant or obligation under this Agreement other than the payment of money.

If either Operator or City is delayed or prevented from the performance of any act required by this Agreement by reasons of Force Majeure, performance of such act shall be excused for the period of

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the delay, and the period for the performance of any such act shall be extended for a period equivalent of the period of such delay. Both parties shall take reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfil contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of the conditions.

ARTICLE 8. AUTHORITY AND EXECUTION.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and first year hereinabove written.

ATTEST: CITY OF STOCKTON
BY: BY:
______________________________ ______________________________

KATHERINE ROLAND, CMC, CPMC JOHNNY FORD

CITY CLERK, CITY OF STOCKTON CITY MANAGER
APPROVED AS TO FORM:

MARCI A. ARREDONDO

CITY ATTORNEY

COMMUNITY SERVICES SOLUTIONS
LLC
BY: __________________________ BY: __________________________ Rebecca Arnold

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EXHIBIT 1
Aquatic Facilities Locations
Sousa Pool House Facility
2900 Yellowstone

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2026 Aquatics Facilities Operator Agreement

EXHIBIT 2
Insurance Requirements
(Facility Operator Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

5. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s

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insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning

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of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
425 N El Dorado Street
Stockton, CA 95202

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EXHIBIT 3: HR 40

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 1 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
I. PURPOSE
A. To provide a uniform policy and procedure for the administration of the City of Stockton Mandatory Fingerprinting Program, in accordance with California Public Resources Code section 5164, California Education Code section 10911.5, California Penal Code sections 11105, 11105.3, 13300, and any other applicable state and federal laws.

B. To ensure that the City of Stockton, as an agency receiving criminal history information, complies with the requirements of the State of California, Department of Justice, Division of Criminal Justice Information Services.

II. POLICY
All applicants, employees, interns, temporary agency employees, and volunteers who meet the following conditions shall be subject to fingerprinting.

A. Employees Having Direct Contact With Minors. It is the policy of the City of Stockton to obtain criminal history information for all prospective, as well as current, full-time (including provisional and temporary), part-time, volunteer (including the San Joaquin County Alternate Work Program or any other community service or volunteer organization), and contractual employees in any department who have direct contact
1 with minors. This requirement shall
be a condition of employment for all employees who have direct contact with minors.

The City of Stockton will not hire or retain any person or permit any person to volunteer his/her services to work with children in any department who has been convicted of certain criminal offenses (disqualifiers), as specified in California Public Resources Code section 5164.
1"Direct Contact" is defined in section II.B.

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Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 2 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
B. Employees Performing Sensitive Duties. In addition, to implement Stockton Municipal Code Chapter 2.70, the City of Stockton will obtain criminal history information for all persons applying for positions that require the employee to:

1. Perform sensitive and/or fiduciary duties, such as handling public funds or confidential documents.

2. Enter privately owned property, structures, or curtilages.

3. Care for ill, injured, or incapacitated members of the public.

4. Have access to a secure facility.

5. Have direct contact with minors. "Direct contact with a minor" shall mean any of the following, in the course of paid or unpaid work:
a. The care, supervision, guidance, or control of a minor on any basis.
b. Close physical proximity to a minor on more than an
"occasional" or "incidental" basis.
c. Talking face-to-face with or within eye contact of a minor on more than an "occasional" or "incidental" basis.
"Occasional" shall mean irregular or infrequent. "Incidental" shall mean occurring by chance or in isolation. If the job specifications for apposition requires contact with a minor on any basis, then the contact is neither "occasional" nor "incidental."
C. The City of Stockton, in its discretion, may refuse to hire any person or permit any person to volunteer his/her services who has been convicted of any of the offenses (disqualifiers) specified in Appendix A of this policy.

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Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 3 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
D. In making any employment or retention decision based upon a disqualifier, the Director of Human Resources shall consider, among other factors: the employment classification to which the person is applying or being certified, including its sensitivity; the nature and seriousness of the conduct; whether there is a rational relationship between the employment duties and the nature of the conduct; the circumstances surrounding the conduct; the recentness of the conduct; the age of the individual at the time of the conduct; and the presence or absence of rehabilitation or efforts at rehabilitation.

E. Submission of fingerprints, as specified in the sections above, shall be a condition of employment.

F. This policy shall not apply to one-day events or programs.

G. This policy shall be administered by and is the responsibility of the Director of Human Resources.

Ill. PROCEDURES
A Administration of Criminal Offense Record Information (CORI).

1. The Human Resources Department shall enter into an agreement with the California Department of Justice for the purpose of electronically exchanging criminal offender information. This information shall be accessible only to designated individuals in the Human Resources Department, and the affected computer terminal shall be located in a secure area to provide protection from unauthorized access. CORI shall be made available to the City Auditor and designated members of his/her staff for the sole purpose of performance audits in accordance with Stockton Municipal Code section 2.70.020(8).

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Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 4 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
a. Security. Any questions regarding the release, security, and privacy of CORI shall be resolved by the Director of Human Resources.
b. Destruction. CORI shall be destroyed after the employment determination has been made, and copies of the CORI
information will be destroyed in such a way that the employee's name can no longer be identified.
c. Dissemination. CORI shall be used only for the purpose for which it was requested; except that, the City Auditor shall have access to and shall examine CORI in connection with his/her duties under section 1501(d) of the City Charter.
d. Storage. CORI shall be securely maintained and accessible only to the Director of Human Resources or his/her designees and the City Auditor or his/her designees, who are committed to protect such information from unauthorized access, use, or disclosure.
e. Reproduction. CORI shall not be reproduced for secondary dissemination.
f. Subsequent Arrest Reports. Any Subsequent Arrest Reports for separated employees, volunteers, and contract personnel shall be immediately returned to the Department of Justice.

2. The Director of Human Resources and/or his/her designees who are involved in the administration of this policy, and the City Auditor and/or his/her designees who conduct performance audits, shall be fingerprinted and cleared by the Department of Justice prior to attaining access to CORI. Each employee given CORI access shall be fingerprinted and processed through the California Department of Justice. In addition, those employees shall execute a copy of the Employment Statement issued by the Department of Justice, which Type text here
re

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Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 5 of9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
statement shall be maintained on file in the Human Resources Department.

B. Fingerprint Procedures and Review of CORI. All applications for employment and requests to volunteer services, without exception, are to be made to the Human Resources Department.

1. All applicants for employment covered under this policy (as set forth in sections II. A and B, above), including part-time, volunteer, intern, temporary agency, and contract personnel, shall be provided with a fingerprint application and required to submit one set of fingerprints to the Department of Justice prior to the pre-employment physical examination. (Note: This requirement shall not apply to those concessionaires who contract with the Community Services Department solely to rent space to conduct their own business.)

2. The applicant, volunteer, intern, temporary agency, or contract personnel shall hand-carry the fingerprint application, along with a valid California driver's license or identification card, to the Stockton Police Department Evidence Identification Section to complete the fingerprint process.

3. Upon receipt of CORI, including Subsequent Arrest Information, the designated Human Resources employees shall review the information for any arrests or convictions for disqualifiers. If there are no disqualifiers, the clearance date shall be entered into the confidential database set up for this specific purpose. Upon the employee's separation from City service, the California Department of Justice shall be notified of the separation to ensure that Subsequent Arrest Notifications are no longer received.

4. In the event CORI, including Subsequent Arrest Information, reveals disqualifiers, the Director of Human Resources shall evaluate the effect and potential effect of the employee's record of arrest on his/her position of employment, fellow employees, and the public in accordance with sections 11.8.2, above; and shall take appropriate A

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2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 6 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
action to maximize public safety and minimize potential liability while respecting the rights of the employee or volunteer. No applicant for employment will be permitted to report for work until the Director of Human Resources, or his or her designee, has first determined from review of the CORIinformation that the applicant has no disqualifying convictions.

In addition, any employee, volunteer, intern, temporary agency or contract personnel who has direct contact with minors and for whom a disqualifier is subsequently revealed shall be subject to any one of the following actions:
a. Transfer to a comparable position whose duties require no direct contact with children.
b. Reassignment to another department.
c. Placement back into a previously held position.
d. Termination.

5. The notice of rejection of application for employment or the notice of termination due to disqualifiers is the sole responsibility of the Human Resources Department. The Human Resources Department will immediately notify the Department of Justice that the affected applicant, employee, or volunteer has been rejected and that subsequent reports are not necessary.

6. The appointing authority shall not make a hiring decision until after CORI has been received and reviewed by the Human Resources Department.

7. The applicant, employee, or volunteer shall be responsible for reporting any conviction or arrest pending final adjudication to the Human Resources Department. If any conviction or arrest pending adjudication occurs while the employee or volunteer is working for the

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2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 7 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
City, the employee or volunteer shall report that conviction or arrest to the Human Resources Department. Failure to report an arrest or conviction shall be grounds for disciplinary action, up to and including termination.

8. Employees transferring or promoting to positions covered under this directive shall have a right of reversion to a previously held position in the event subsequent arrest information reveals a disqualifier; EXCEPT THAT the City reserves its right to discipline an employee, up to and including termination, pursuant to the City Charter, Stockton Municipal Code, Civil Service Rules, collective bargaining agreements, and/or any applicable laws or regulations.

IV PENALTIES
A. Misuse of CORI is a criminal offense, which may result in criminal or civil prosecution and may result in administrative action up to and including loss of access to information maintained by the Department of Justice and/or termination of employment, in accordance with City Charter sections 1201(a) and 1502, Administrative Directive No. HR-008, applicable memoranda of understanding, and/or the Civil Service Rules and Regulations.

B. Any violation of this policy shall result in disciplinary action, up to and including termination from City service.

APPROVED:

KURT 0. WILSON

CITY MANAGER

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2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 8 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

APPENDIX A
Convictions for which an applicant may be rejected, or for which refusal of certification for appointment, or termination of employment may result, are as follows:

Crimes Against Persons
• Murder (Penal Code§ 187, et seq.)
• Voluntary manslaughter (Penal Code§ 191.5, et seq.)
• Mayhem (Penal Code§ 203, et seq.)
• Torture (Penal Code§ 206, et seq.)
• Robbery (Penal Code § 211, et seq.)
• Assault and/or battery (Penal Code§§ 240, et seq.; 243, et seq.) • Rape (Penal Code§§ 261-263; 269.)
• Kidnapping (Penal Code§ 207, et seq.)
• Prostitution (Penal Code §§ 266-267)
• Lewd or lascivious acts (Penal Code§§ 288, 288 .2)
• Indecent exposure (Penal Code§ 314)
• Stalking (Penal Code§ 646.9, et seq.)
• Registered sex offender (Penal Code§ 290)
• Child abandonment (Penal Code§ 271, et seq.)
• Contributing to the delinquency of a minor (Penal Code§ 272, et seq.) • Incest (Penal Code§ 285)
• A criminal violation that is substantially similar in nature to any of the foregoing crimes against persons.

Crimes Against Property
• Arson (Penal Code § 451, et seq.)
• Theft I Larceny (Penal Code § 484, et seq.)
• Burglary (Penal Code§ 458, et seq.)
• Forgery (Penal Code§ 470, et seq.)
• Embezzlement (Penal Code§ 503, et seq.)
• Identity theft (Penal Code§ 530.5, et seq.)

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40 Page 9 of 9
Effective Date:
4/7/14
Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08
• Extortion (Penal Code § 581, et seq.)
• A criminal violation that is substantially similar in nature to any of the foregoing crimes against property.

Crimes involving Controlled Substances
Any crime described in the California Uniform Controlled Substance Act (division 10, commencing with section 11350), except where consideration of such conviction for employment purposes is prohibited or otherwise limited by law per Labor Code § 432.8. Employers are prohibited from considering marijuana related convictions which are more than two (2) years old. Specifically, agencies may not consider marijuana related convictions for violations of subdivision (b) or (c) of section 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of section 11360 of the Health and Safety Code, or section 11364, 11365, or 11550 as related to marijuana prior to January 1, 1976, or a statutory predecessor thereof.

Miscellaneous Crimes
• Perjury (Penal Code § 118, et seq.)
• Falsifying!Tampering with Evidence (Penal Code §§ 132-135.5) • Falsifying public documents (Penal Code§ 112, et seq.) • Bribery (Penal Code §§ 68, 92, et seq., 165)
• Money laundering (Penal Code§ 186.9, et seq.)
• Bookmaking (Penal Code§ 337a)
• Misappropriation of public funds (Penal Code§ 424, et seq.) • A criminal violation that is substantially similar in nature to any of the foregoing miscellaneous crimes.

Type text hre

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

EXHIBIT 4
Signature of Compliance for HR 40
Operator confirms that all employees and volunteers who are working or volunteering at any City pool or park for all activities (swimming, seamless summer food program, summer camp, and swim team) are in compliance with City of Stockton HR40 guidelines about fingerprinting and disqualifying criminal convictions. This Compliance is due annually before opening day of Aquatic Facilities. Any addition of staff after that date will require a signature page by Operator provided to City the week of new hire.
_________________________________________
Signature
Typetext here

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

EXHIBIT 5
Facilities Inventory

CITY INVENTORY

1. Signage
a. Operational Hours (soft sign)
b. National Fire Protection Agency (NFPA) Sign
c. Emergency Numbers Sign
d. Keep Closed Sign
e. Diarrhea Sign
f. CPR Sign
g. Pool Rules Sign
h. Pool Capacity

2. Life Saving Equipment
a. Life Ring Rope
b. Rescue Pole
c. Backboard and head immobilizer

3. Equipment
a. Telephone Umbrella
b. Stands Chairs
c. 10-person first aid kit
d. Pool Binder
e. Water hose
f. CERS binder and “station” Emergency Spill pack
g. Personal Protection Equipment (PPE) (apron, neoprene gloves, Full face shield)

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

EXHIBIT 6
Compensation Schedule
Total Annual Compensation for 2026 Swim Season

PAYMENT COMPENSATION AMOUNT
Payment #1 (33.33%) $18,998.10
Payment #2 (33.33%) $18,998.10
Final (33.34%) $19,033.80
TOTAL COMPENSATION $57,000

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EXHIBIT 7
HR 15, Harassment and Discrimination Policy

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EXHIBIT 8
Scope of Services
Facility Start Up Responsibilities
Operator will be responsible to:

Prepare and submit the Pre-season Site Evaluation and Recommendation Report. Once contracted, Operator will tour and review all bathhouses, pool decks, pool shells, review pump/chemical/filtration system reports and operations, vacuuming equipment/hoses, ladders, chemical feeders, pumps, monitors, fencing, pool enclosures backwash and filters, safety equipment, meet with water quality operator, and evaluate essential pool equipment and recommend the needed improvements prior to May 7, 2026.

Prepare for usage all moveable equipment (tables, chairs, lounges, umbrellas. lifeguard chairs, lane lines, etc.).

Test all pool equipment with water quality operator and confirm with the City everything works according to operator specifications for season.

Report facility deficiencies promptly.

Responsible for managing facility keys (check In and out) according to City Policies. Operator will be charged to rekey the building if employee keys are not returned by season close deadline to be established.

Facility Operations - Swim Season
The Operator will be responsible for the following duties:

Unlock/disarm facility at opening, rearm and lock facility upon closing, and answer alarm calls off hours.

Complete and document a daily safety check of the entire facility.

Check water and chemical levels, clean filters and skimmers, vacuum pool, check systems.

Chemical checks need to be completed each day prior to pool being opened and every two hours during operational hours.

Provide staff 30 minutes prior to opening and 30 minutes after closing to the public to complete daily and weekly tasks.

Offices, entries, all bathrooms, all areas within fencing and premises within 25 feet of entry shall be maintained by Operator (collect and remove garbage and debris).

Primary cleaning of facilities will occur when the facility is closed to the public daily.

All outdoor areas must be swept/blown clean daily before opening.

Operator will maintain safety equipment and document daily check and testing.

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

Operator will maintain a copy of all work orders submitted to City. Logs and Reports will be reviewed weekly in weekly meetings.

Operator will maintain a complete log and copies of all incident reports, pull outs, rescues, injuries.

Specific circumstances and staff present will be documented. Serious issues will immediately be communicated with City representative.

Partial day closures and complete closures will be documented.

Operator will maintain water quality logs during open hours and immediately communicate deficiencies to water quality operator and city representative.

Operator or will immediately notify water quality operator and city representative of repairs or water quality equipment or issues at facility.

Operator shall provide replacement first aid materials, janitorial supplies (trash bags, paper towels, garbage bags, soap, toilet paper, cleaners, light bulbs).

City shall provide and pay for gas, electricity, water, garbage service, telephone service and security service.

Water Quality Operator shall provide to operator, on behalf of City, any pool chemicals required to maintain water quality standards during open hours.

Operator shall provide a Management Plan, Marketing Plan, and Financial Plan for successful operator of all facilities.

Operator will provide operator inventory Report which is 100% of City and Operator equipment on site.

Operator is granted exclusive right to sell food and merchandise at facility at sole cost and expense of operator. Concession licenses will be clearly posted. Operator must pay all taxes and report in a timely manner.

Staff Responsibilities
Operator will designate a pool lifeguard as manager for each facility. This position will be responsible for the staffing, management, supervision, and operation of the facility.

Operator will provide lifeguard supervision for public swimming, swim lessons, swim team practices, swim meets, all organized pool activities including rentals and private uses. All lifeguards must have a current Lifeguard Training certificate, CPR, and First Aid certifications on file and available for viewing at facility at all times. Proof will also be provided to City at least one week before the first scheduled work shift.

Operator shall provide and maintain reasonable and adequate staffing levels. Operator shall maintain personnel and staff that will meet or exceed the certification standards set for the American Red Cross (or equivalent) and local or state department of public health for each position.

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

In all aspects, Operator must maintain safe ratio of lifeguards to participants and circumstances at each pool site. A minimum of three lifeguards are required for each shift of fifty attendees or less. One (1) additional lifeguard is required for every additional twenty-four (24) people in attendance before the first 50 in attendance. Pool manager may count as one of the three minimum guards. Lifeguard will be responsible for the safety of the pool patrons, the safety and cleanliness of the facilities (including bathrooms).

Operator must provide one staff to monitor entrance, greet patrons, check/clean bathrooms hourly, collect fees and provide spot inspections of all areas of facility hourly. That person must be CPR and first aid certified.

Operator must include a copy of training and hiring practices for lifeguards and pool managers with proposal. Operator must document effective communication regarding training, evaluation, and disciplinary policies and policies and procedures for lifeguards and pool managers.

Operator must include a copy and description of weekly skills test and in-service training for lifeguards. Skills test will be documented, and City staff will be present during the skills tests from time to time.

Lifeguards must be supervised weekly, and documentation of supervisor must be available for City review. A company officer or manager will be required to supervise managers and meet with the City-designated contact weekly.

Operator will comply with HR-40 and verify each employee has a complete background check before starting work on site. Documentation may be audited by the City.

Operator will post certifications from County Health Department.

City may designated additional rules and regulations specific to certain aquatic facilities and be enforced by Operator.

Operator will provide a weekly summary of employees that work at each site each week.

Programming
Operator will provide a Program Plan for each facility which provides hours of operation, days of operation, type of activities each day by scheduled period (recreational/open swim, swim lessons, water aerobics, lap swim, swim team activities, water safety classes, lifeguard training, special events and private rentals). This shall be provided before May 15 of each swim season.

Operator shall provide weekly and monthly participation reports for actual daily use for all facilities (inclusive of swimmers and spectators) including number of rentals, schedule of programs, program fees, listing of programs offered. Statistics should show daily use, summarized in a weekly and totaled monthly.

Pool rentals and parties may be scheduled outside of regular public operation, programming, and swim team hours.

The Operator has the authority to close the facilities during inclement weather and be prepared to reopen the facility if and when the weather improves.

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

If a facility is to be closed for the day, there will be a mutual agreement by Operator and City to close the facility to the public. Operatot will notify the City when closing so City can notify the public.

Operator shall provide the City monthly participation reports for each facility by the 10th of the following month. Participation Reports shall include 100% of the activities and the number of attendees for all facilities as identified in Article 2.

Operator shall clearly provide guidance and signage regarding minor attendance, minimum swim standards, etc.

If Operator plans to operate a summer camp in conjunction with the pool, a detailed staffing and program plan must show how the programs are related and demonstrate adequate supervision and support.

Season Closure Activities
Operator shall tour the facility with City representative and water quality operator to review and inspect facility and equipment status and repairs.

Operator shall clean and sanitize the pool house areas, restrooms, all interior and exterior spaces, storage areas, decks, etc.

Operator shall neatly stack and organize supplies. Operator may keep supplies in the pool house storage area neatly for the life of the agreement, but materials and supplies left at termination of the agreement will become property of the City of Stockton.

Post Season Closure Report. Operator shall provide a Post-Season Closure Report. The postseason site evaluation and recommendation report. Operator, Water Quality Operator and City representative will tour and review all bathhouses, pool decks, pool shells, review pump/chemical/filtration system reports, vacuuming equipment/hoses, ladders, chemical feeders, pumps, monitors, fencing, pool enclosures backwash and filters, safety equipment, and provide essential pool equipment feedback for next season. This Report shall be submitted 2 weeks after the tour.

Keys MUST be returned during final walk through at close of Agreement or at termination by each employee.

Health and Safety Standards
Operator shall maintain accident and incident reports and notify City representative immediately of any occurrence. Operator is not authorized to speak to media regarding any incident on site, and all media requests must be immediately forwarded to City Public Information Officer Connie Cochran.

City will supply one first aid kit per facility, and Operator must maintain supplies in accordance with local health department requirements.

Operator must provide a copy of their Company safety plan which includes number of safety meetings during swim season, how often safety inspections are performed, nature of safety orientation for new employees.

ATTACHMENT B
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2026 Aquatics Facilities Operator Agreement

Operator must maintain a complete file of comments, complaints, and incidents. Suggestions and complaints must be provided to city representative weekly.

Operator shall meet or exceed all local, state, and national health and safety standards and always maintain the pool enclosure in a clean and safe condition.

Operator will be required to participate in a complete aquatic review program by an agency such as American Red Cross, Ellis, and Associates, etc. The review must be completed by the same organization that provides the certificate. The program should be included in the proposal.

Operator will provide copies of pool rules, participation waivers, etc.

Operator will notify City about signage requirements, both mandated and optional (rules).

ATTACHMENT B
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City of Stockton
Legislation Text
File #: 26-0467, Version: 1

ADOPT A RESOLUTION AUTHORIZING THE GRANT OF TEMPORARY CONSTRUCTION

EASEMENTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE

STOCKTON CHANNEL VIADUCT BRIDGE IMPROVEMENTS PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the grant of temporary construction easements to the California Department of Transportation (Caltrans) for the Stockton Channel Viaduct Bridge Improvements Project, for the areas depicted in Exhibits 1 and 2 of the resolution;

2. Authorize the filing of Notice of Exemption No. 11-26 under the California Environmental Quality Act (CEQA) for the grant of easements to Caltrans;

3. Authorize the City Manager, or designee, to receive, deposit, and appropriate revenues from Caltrans approximately $225,600 to the Marina Fund to address construction-related impacts;

4. Authorize the City Manager, or designee, to sign the temporary construction easement deeds, the right of way contract memorializing the just compensation from Caltrans, and the payee data record for the receipt of payment from Caltrans;

5. Authorize the City Manager, or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

Summary
The California Department of Transportation (Caltrans) is proposing to rehabilitate the Stockton Channel Viaduct bridge to ensure the safety and reliability of the Interstate 5 (I-5) corridor. As part of the project, Caltrans has requested the City of Stockton grant a series of temporary construction easements necessary for the construction of the project (Attachment A - Vicinity map and Attachment B - Aerial Map).

DISCUSSION
Background
Interstate 5 (I-5) traverses the west end of Stockton, with the structure spanning a segment of the Stockton Channel, known as the viaduct bridge. Over the past ten years, Caltrans has been planning to make improvements to the viaduct bridge, including addressing structural deficiencies and City of Stockton Page 1 of 2 Printed on 6/5/2026
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File #: 26-0467, Version: 1
improving load rating. The project is now nearing the start of construction, and Caltrans has requested the City of Stockton grant a series of temporary construction easements to Caltrans to facilitate construction activities.

Present Situation
For the Project to commence construction, Caltrans is requiring temporary construction easements (TCEs) over a portion of City property located in the Stockton Channel. The TCEs are needed to provide space for materials, equipment, and general access for bridge construction and other activities necessary for replacement of the viaduct structure. The TCEs shall be in place until September 28, 2035 through the duration of Project construction, unless terminated earlier by Caltrans.

Since the construction activities will impact the Morelli Boat Launch, Caltrans has agreed to provide compensation to the City for the granting of the TCEs.

Staff recommend that Council authorize the City Manager, or designee, to receive, deposit, and appropriate the revenues from Caltrans, totaling approximately $225,600 one-time payment to be appropriated to the Marina Fund balance to address unforeseen construction-related impacts, should they arise, as project construction is not anticipated to end until September 2035.

ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this action/project is Categorically Exempt under the California Environmental Quality Act (CEQA) and is granted a “general rule exemption” under Section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity/project conforms to the City’s General Plan Policy Document, as amended.

FINANCIAL SUMMARY
This action will not impact the City’s General Fund. However, the temporary closure of the Morelli Boat Launch associated with the granting of the easements to Caltrans may result in temporary revenue loss to the Marina Fund. Any impact to City Marina operations will utilize the compensation fund from Caltrans, as outlined below.

Caltrans is providing compensation to the City of Stockton in the amount of $225,600 to acquire the temporary construction easements. These funds will be placed in the Downtown Marina Fund, Account# 6050-417-470007-640-000-60-00-000-000- and used to address construction-related impacts resulting from the project.

Attachment A - Vicinity Map
Attachment B - Aerial Map
City of Stockton Page 2 of 2 Printed on 6/5/2026
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City of Stockton, CA April 21, 2026
Vicinity Map - Stockton Channel Viaduc t Bridge Improv ements Projec t

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 500 ft
Attachment A
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City of Stockton, CA April 21, 2026
Aerial Map - Stockton Channel Viaduc t Bridge Improv ements Projec t

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 500 ft
Attachment B
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE GRANT OF TEMPORARY CONSTRUCTION

EASEMENTS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR

THE STOCKTON CHANNEL VIADUCT BRIDGE IMPROVEMENTS PROJECT The California Department of Transportation (Caltrans) has requested the City of Stockton grant temporary construction easements required for the replacement of the Interstate 5 (I-5) bridge over the Stockton Channel; and The project is needed due to structural deficiencies and continued bridge repairs, including long-standing issues of concrete deck deterioration; and The project will involve the replacement of the northbound and southbound Stockton Channel viaduct bridges; and
The grant of the requested temporary construction easements is necessary for Caltrans to complete the necessary replacements over the Stockton Channel; and The City of Stockton owns land within the Stockton Channel, through which Caltrans wishes to obtain temporary construction easements to provide space for materials, equipment, and general access for bridge construction and other activities necessary for replacement of the viaduct structure; and The temporary construction easements shall be in place until September 28, 2035, unless terminated earlier by Caltrans; and
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” per CEQA Guidelines by section 15061(b)(3); and All City Departments were notified and there were no objections to the proposed grant of temporary construction easements; now therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. Authorize the grant of easements to the California Department of Transportation for the Stockton Channel Viaduct Bridge Improvements Project, as described and depicted in Exhibits 1 and 2, attached hereto and incorporated herein by this reference.
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2. Authorize the filing of Notice of Exemption No. 11-26 under the California Environmental Quality Act (CEQA) for the grant of easements to the California Department of Transportation, a copy of which is attached as Exhibit 3 and incorporated by this reference.

3. Authorize the City Manager, or designee, to receive, deposit, and appropriate revenues from Caltrans as follows: approximately $225,600 to the Marina Fund to address construction-related impacts.

4. Authorize the City Manager, or designee, to sign the temporary construction easements deeds, the right of way contract memorializing the just compensation from Caltrans, and the payee data record for the receipt of payment from Caltrans., substantially similar in form as shown in Exhibits 4, 5, 6, and 7, attached hereto and incorporated herein by this reference.

5. Authorize the City Manager, or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.

PASSED, APPROVED, and ADOPTED: June 9, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 2
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EXHIBIT 2
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MEMORANDUM
April 20, 2026
TO: Nancy Arroyo, Real Property Agent I
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOTICE OF EXEMPTION (NOE) 11-26 – TEMPORARY

CONSTRUCTION EASEMENT DEEDS
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department received a request from CalTrans for temporary construction easements at the Stockton Channel Viaduct. (APNs: 137-010-02, 137-010-03). Please see the attached for more information.

In accordance with Government Code §65402, the Community Development Department determines the proposed dedication of land is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.

Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes that the dedication of land is covered by the common sense exemption in CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question (an easement) may have a significant effect on the environment. The project is also not subject to any exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.

Upon approval by City Council and per SB 69, the Economic Development Department is required to file the attached Notice of Exemption with the San Joaquin County Clerk’s Office to initiate a 35-day statute of limitations on court challenges. The Economic Development Department is also required to upload a copy of the filed NOE with the State Clearinghouse.

Please retain a copy of the original posted notice within the project file in the Economic Development Department file directory.

By:

Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Notice of Exemption
EXHIBIT 3
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CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.

Stockton, CA 95202 501 W. Weber Ave., Building 2
Stockton, CA 95203
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: Temporary Construction Easement Deeds
CEQA Exemption File No.: NOE 11-26
Applicant: CalTrans
Project Description/Location: The City of Stockton’s Economic Development Department received a request from CalTrans for temporary construction easements at the Stockton Channel Viaduct. (APNs: 137-010-02, 137-010-03).

Please see the attached for more information.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

X The activity is exempt under the "common sense exemption" at CEQA Guidelines Section 15061(b)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).

BASIS FOR FINDING OF EXEMPTION
X The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

TINA McCARTY, DIRECTOR April 20, 2026

ECONOMIC DEVELOPMENT DEPARTMENT (DATE OF PREPARATION)

By
Nancy Arroyo, Real Property Agent I (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________
________________________________________________
Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 3
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MEMORANDUM
April 1, 2026
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Nancy Arroyo, Real Property Agent I
Economic Development Department
SUBJECT: STOCKTON CHANNEL VIADUCT – TEMPORARY CONSTRUCTION EASEMENT DEEDS ___
Please provide the appropriate environmental review for the above-referenced project as described below:

Project Title: Stockton Channel Viaduct
Applicant: Caltrans
Description/Location: Easements at the Stockton Channel Viaduct (APNs 137- 010-02, 137-010-03)
• 17763-1 Easement Deed – Temporary Construction
• 17763-2 Easement Deed – Temporary Aerial Crane
• 18421-1 Easement Deed – Temporary Construction
Also, please make the required determination as to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 7540.

NANCY ARROYO, REAL PROPERTY AGENT

ECONOMIC DEVELOPMENT DEPARTMENT
Attachment
EXHIBIT 3
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EXHIBIT “A”
Legal Description of Parcel 17763-1
Temporary Construction Easement
APN 137-010-02/03
That portion of the land described in the Final Order of Condemnation, recorded on June 8, 2004 as Document No. 2004-125083, Official Records of San Joaquin County, more particularly described as follows:

COMMENCING at control point number “240” as shown on the Record of Survey filed December 3, 2001, in Book 35 of Surveys, at Page 5, San Joaquin County Records, from which control point number “340”, as shown on said Record of Survey bears South 37°38’28” East, 9,135.11 feet;
THENCE (1) South 84°07'33" East, 1,433.55 feet to a point at the intersection of the southerly right of way line of Fremont Street and the existing northeasterly right of way boundary of Interstate Route 5;
THENCE along said existing northeasterly right of way boundary of Interstate Route 5 the following courses (2) through (4):
(2) South 52°41'58" East, 211.24 feet;
(3) South 63°36'55" East, 277.29 feet;
(4) South 57°34'27" East, 88.46 feet to a point on the southerly line of Parcel C of Parcel Map filed on March 12, 1986, in Book 14 of Parcel Maps, at Page 61, San Joaquin County Records, said point being the POINT OF BEGINNING; THENCE (5) along said southerly line of said Parcel C, North 89°19'40" East, 121.83 feet;
THENCE (6) leaving said southerly line of said Parcel C, South 59°19'15" East, 484.29 feet to the northerly line of Parcel 8 as shown on the maps entitled “PROPOSED

RELINQUISHMENT TO THE COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON ON STATE ROUTES 10-SJ-4-5”, filed on November 9, 1972 in State Highway Map Book No. 15, at Page 50, San Joaquin County Records;
THENCE (7) along said northerly line of Parcel 8, South 88°48'18" West, 58.15 feet to the southwesterly line of said Parcel 8;
THENCE (8) along said southwesterly line of said Parcel 8, South 60°23'00" East, 23.87 feet to the existing northeasterly right of way boundary of Interstate 5; THENCE (9) along said existing northeasterly right of way boundary of Interstate 5, North 84°15'31" West, 111.92 feet;
EXHIBIT 3
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THENCE (10) continuing along said existing northeasterly right of way boundary of Interstate 5, North 57°34'27" West, 461.54 feet to the POINT OF BEGINNING.

Containing 34,687 square feet, more or less.

Rights to the above described temporary easement shall cease and terminate on 09/28/2035. The rights may also be terminated prior to the above date by STATE upon notice to GRANTOR.

Attached hereto is plat entitled EXHIBIT “B” and by this reference is made a part hereof.

The bearing and distances used in this description are on the California Coordinate System of 1983, Zone 3, Epoch 1991.35. Divide distances by 0.99993699 to convert to ground distances.

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Signature
Professional Land Surveyor

Date May 6, 2026

EXHIBIT 3
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EXHIBIT 3
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EXHIBIT 3
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EXHIBIT “A”
Legal Description of Parcel 18421-1
Temporary Construction Easement
That portion of Parcel 8 as shown on the maps entitled “PROPOSED

RELINQUISHMENT TO THE COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON ON STATE ROUTES 10-SJ-4-5”, filed on November 9, 1972, in State Highway Map Book No. 15, at Page 50, San Joaquin County Records, more particularly described as follows:

COMMENCING at control point number “240” as shown on the Record of Survey filed December 3, 2001, in Book 35 of Surveys, at Page 5, San Joaquin County Records, from which control point number “340”, as shown on said Record of Survey bears South 37°38’28” East, 9,135.11 feet;
THENCE (1) South 76°03'57" East, 2,843.42 feet to the northeasterly corner of said Parcel 8;
THENCE (2) along the northerly line of said Parcel 8, South 88°48'18" West, 190.23 feet to the POINT OF BEGINNING;
THENCE (3) continuing along said northerly line of said Parcel 8, South 88°48'18" West, 172.26 feet to the southwesterly line of said Parcel 8; THENCE (4) along said southwesterly line of said Parcel 8, South 60°23'00" East, 152.20 feet;
THENCE (5) leaving said southwesterly line of said Parcel 8, North 26°51'49" East,

88.34 feet to the POINT OF BEGINNING.

Containing 6,715 square feet, more or less.

Rights to the above described temporary easement shall cease and terminate on 09/28/2035. The rights may also be terminated prior to the above date by STATE upon notice to GRANTOR.

Attached hereto is plat entitled EXHIBIT “B” and by this reference is made a part hereof.

The bearing and distances used in this description are on the California Coordinate System of 1983, Zone 3, Epoch 1991.35. Divide distances by 0.99993699 to convert to ground distances.

EXHIBIT 3
344

This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act.

Signature
Professional Land Surveyor
Date May 6, 2026
EXHIBIT 3
345
EXHIBIT 3
346
EXHIBIT 3
347
EASEMENT DEED District County Route Postmile Number
10 SJ 5 26.62 17763-1
City of Stockton,
a corporation organized and existing under and by virtue of the laws of the State of California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, an easement for temporary construction, upon, over and across that real property in the City of Stockton, County of San Joaquin, State of California, described as follows:

See Exhibit “A”, attached.

EXHIBIT 4
348
EXHIBIT 4
349
EXHIBIT 4
350
EXHIBIT 4
351
EXHIBIT 4
352
Dated: City of Stockton, a Municipal
Corporation
[Name of Grantor]
[Title]
[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By Dina El-Tawansy
Director of Transportation
By
Attorney in Fact
Nancy Quesada
EXHIBIT 4
353
EASEMENT DEED District County Route Postmile Number
10 SJ 5 26.62 18421-1
City of Stockton, a Municipal Corporation
a corporation organized and existing under and by virtue of the laws of the State of California,
hereinafter called GRANTOR, hereby grants to the State of California, Department of Transportation, hereinafter called STATE, an easement for temporary construction, upon, over and across that real property in the City of Stockton, County of San Joaquin, State of California, described as follows:

See Exhibit “A”, attached.

EXHIBIT 5
354
EXHIBIT 5
355
EXHIBIT 5
356
EXHIBIT 5
357
EXHIBIT 5
358
Dated: City of Stockton, a Municipal
Corporation
[Name of Grantor]
[Title]
[Name of Grantor]
[Title]
This is to certify that the State of California, acting by and through the Department of Transportation (according to Section 27281 of the Government Code), accepts for public purposes the real property described in this deed and consents to its recordation.

Dated By Dina El-Tawansy
Director of Transportation
By
Attorney in Fact
Nancy Quesada
EXHIBIT 5
359
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This document contains personal information, and
pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.

RIGHT OF WAY CONTRACT

STATE HIGHWAY
RW 8-3 (Rev. 6/95)

APN: 137-010-020, 137-010-030
District County Route P.M. E.A. / Project ID. Program Fed. Ref. Name Parcel 10 SJ 5 26.62 10X460/1012000059 0056(346) City of Stockton, a municipal corp.
17763-1,
& 18421-1
CITY OF STOCKTON, a Municipal Corporation
Grantors

RIGHT OF WAY CONTRACT - STATE HIGHWAY
This Document No. 17763-1 & 18421-1 in the form of a Temporary Construction Easement, to the State of California, covering the property as delineated on the attached map(s) identified as Exhibit “A”, particularly described in Clause #1B below has been executed and delivered to KAITLYN MCGINNIS, Right of Way Agent for the State of California.

In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:

1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement.
(B) Grantee requires said property described as Document No.(s)/Parcel No. (s) for TCEs 17763-1 AND 18421-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantors are compelled to sell, and Grantee is compelled to acquire the property.
(C) Both Grantors and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation.

EXHIBIT 6
360
STATE OF CALIFORNIA  DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95)

Parcel No. 17763-1, & 18421-1
(D) The parties to this agreement shall, pursuant Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT- Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3.
(E) No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this agreement.

2. The State shall pay the undersigned Grantors the sum of $225,600.00 in Fair Market Value Just Compensation

3. The State shall pay all escrow and recording fees, interest, notary fees, and related miscellaneous expenses incurred in this transaction, and if title insurance is desired by the state, the premium charged therefore. Said escrow and recording charges shall not, however, include documentary transfer taxes (as State is exempt from such taxes). This transaction will be handled through First American Title Company, 4909 S. 135th Street, Suite 207, Omaha, NE 68137, Escrow No., _______________.

4. The undersigned Grantors warrant that Grantors are the owner in fee simple of the property affected by the Temporary Construction Easement that the City of Stockton, has the exclusive rights to grant these rights.

5. It is understood and agreed by and between the parties, hereto that this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and assignees.

6. State shall take title subject to all matters recorded and/or unrecorded.

EXHIBIT 6
361
STATE OF CALIFORNIA  DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95)

Parcel No. 17763-1, & 18421-1

8. In consideration of the State’s waiving the defects and imperfections in all matters of record title, the undersigned Grantors covenant and agree to indemnify and hold the State of California harmless from any and all claims that other parties may make or assert on the title to the premises. The Grantors’ obligation herein to indemnify the State shall not exceed the amount paid to the Grantors under this contract.

9. Grantors warrant that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantors agree to hold State harmless and reimburse State for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantors for a period exceeding one month. Grantors acknowledge that a waiver will be required from any lessee that has a lease term exceeding one month. Said waiver is to be provided prior to the close of escrow.

10. It is understood and agreed that the amount payable in Clause 2 above includes compensation in full for the actual possession and use of the TCE, identified as Parcel No 17763-1 AND 18421-1, for the period commencing on 03/03/2027 and terminating on 09/28/2035. If said parcel is no longer necessary for construction purposes, this TCE may be terminated prior to the above date by the Grantee upon written notice to the Grantors. These TCE’s identified as Parcel No 17763-1 and 18421-1 are needed to provide space for materials, equipment, and general access for bridge construction, public traffic rerouting, and other activities necessary for replacement of the viaduct structure. Said easement shall be for a period of 8 years.

11. The State shall at no expense to Grantors and at the time of highway construction, will perform construction contract work. The area will be returned to its original or better condition at no expense to the grantors. Approach will be considered as an encroachment under permit on the State highway and is to be maintained, repaired, and operated as such by Grantors, in accordance with and subject to the laws of the State of California and the rules and regulations of the Department of Transportation of said State
• None
EXHIBIT 6
362
STATE OF CALIFORNIA  DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95)

Parcel No. 17763-1, & 18421-1

12. Permission is hereby granted the State or its authorized agent to enter on Grantors’ land, where necessary, to perform construction contract work:
• None

13. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above is payment in full to compensate Grantors for following improvements.

Said improvements consist of:
• 130 Linear Feet of black iron fence
• Miscellaneous landscaping and vegetation
The State, or its agent, is hereby granted the right to enter upon the remaining property of the Grantors for the purpose of removing said improvements.

14. It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2 above is a payment in full to compensate Grantors for the expense of performing the following work:
• Re-establishing 130 Linear feet of black iron fencing • Re-establishing miscellaneous landscaping and vegetation The Grantors release the State from any obligation to perform said work.

15. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the State, shall be left in as good condition as found.

16. State agrees to indemnify and hold harmless Grantors from any liability arising out of State’s operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State’s operations under this agreement and State will, at its option, either repair or pay for such damage.

EXHIBIT 6
363
STATE OF CALIFORNIA  DEPARTMENT OF TRANSPORTATION

RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3 (Rev. 6/95)

Parcel No. 17763-1, & 18421-1
In Witness Whereof, the Parties have executed this agreement the day and year first above written

AS VESTED
__________________________________________ _______________________ Date
__________________________________________ _______________________ Date
RECOMMENDED FOR APPROVAL: ACCEPTED:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
BY________________________________ BY______________________________________

KAITLYN MCGINNIS DATE CHRIS CIERO DATE
Right of Way Agent D10 Office Chief
Stockton Acquisition, Appraisals, Project Delivery
BY________________________________

NANCY QUESADA DATE
Caltrans D10 Branch Chief
Acquisitions
No Obligation Other Than Those Set Forth Herein Will Be Recognized EXHIBIT 6
364
EXHIBIT 7
365
EXHIBIT 7
366
City of Stockton
Legislation Text
File #: 26-0455, Version: 1

APPROVE RESOLUTION TO ESTABLISH NEW CLASSIFICATION SPECIFICATIONS OF

PAYROLL ANALYST I/II/SENIOR, DEBT AND TREASURY MANAGER, ASSISTANT DIRECTOR

OF PUBLIC WORKS AND APPROVE THE PROPOSED SALARY RANGES

RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing new unclassified/ unrepresented positions of Payroll Analyst I/II/Senior, Debt and Treasury Manager, and Assistant Director of Public Works and assign the salary ranges.

Summary
City Council is being asked to establish the proposed new Payroll Analyst I/II/Senior, Debt and Treasury Manager, and Assistant Director of Public Works classifications and approve the associated salary plans.

DISCUSSION
Background
The City Manager’s Office executed a reorganization of the Payroll section, directing the citywide function to move ownership from Human Resources (HR) to the Administrative Services Department (ASD). Human Resources (HR) was tasked to create a new job classification series of Payroll Analyst I/II/Senior and identify appropriate salary plans for each level.

The Debt and Treasury Manager position is being created for the ASD because it plays a critical role in structuring, monitoring, and refinancinig the City’s debt to minimize interest costs, manage financial risk, and ensure alignment with the City’s long-term financial strategy.

The Assistant Director of Public Works position is being created for the Public Works Department to support the Director of Public Works in administering the programs and activities of the department and providing expert professional assistance to city management staff on public works matters.

Present Situation
Currently, the Payroll section is housed in the HR Department and consists of one Supervising HR Analyst, one Senior HR Analyst, one HR Analyst II, and three HR Analyst I incumbents appointed. On July 1, 2026, the Payroll section will transfer to the ASD and become a part of the Accounting and Financial Operations Division.

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File #: 26-0455, Version: 1
Currently, the oversight of the City’s debt and treasury functions is operating under the Program Manager III classification specification. Establishing a dedicated classification of Debt and Treasury Manager that is specific to the oversight of debt structuring, cash forecasting, investments, and compliance with legal and disclosure requirements will enable the City to strengthen its internal controls, mitigate financial risks, and support long-term fiscal discipline.

Currently the Public Works operates with one Director of Public Works and two Deputy Public Works Directors. Each Deputy Public Works Director is assigned to oversee a major division, either that of Capital Improvement Projects & Traffic Engineering or Operations & Maintenance. This Assistant Director of Public Works position will assist with the development and implementation of department goals, objectives and work standards in addition to furthering city goals and objectives.

Classifications
The Payroll Analyst I/II/Senior classification will be responsible for performing a wide range of highly responsible, confidential, and complex financial duties with set procedures in the maintenance and processing of the City’s payroll function. Incumbents will complete accurate and timely payroll distribution activities, review, and processing of payroll records and documents to maintain centralized payroll operations citywide.

The Payroll Analyst I/II/Senior classification will be classified, excluded from the Civil Service system, and placed in the Unrepresented - Confidential bargaining unit. The Payroll Analyst I will be nonexempt, covered under the Fair Labor Standards Act (FLSA), while the Payroll Analyst II and Senior Payroll Analyst will be exempt in status.

In addition, once approved by resolution to establish this new classification specification, it will be included in the City’s List of Alternately Staffed Positions and request for consent by the Civil Service Commission will be sent by HR.

The Debt and Treasury Manager classification will be a single, division management position responsible for the oversight of the City’s debt and treasury programs and activities, formulating policy, developing goals and objectives, supervising staff, administering the division's annual budget and directing the day-to-day operations of the Debt and Treasury Division. This classification will be unclassified, excluded from the Civil Service system, and placed in the Unrepresented - Middle Management bargaining unit. In addition, the classification will be exempt from the guidelines under the FLSA.

The Assistant Director of Public Works classification will be a single management position requiring a high degree of professional skill and knowledge in administering and evaluating public works progams and functions. This position will have administraetive responsibility for policy development and program planning and implementation. This classification will be unclassified, excluded from the Civil Service system, and placed in the Unrepresented - Middle Management bargaining unit. In addition, the classification will be exempt from the guidelines under the Fair Labor Standards Act (FLSA).

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Salary
The proposed annual base salary by step for the new Payroll Analyst I/II/Senior, Debt and Treasury Manager, and Assistant Director of Public Works classifications are below:

CLASSIFICATION ANNUAL BASE SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Senior Payroll Analyst 97,282.10 102,240.93 107,493.93 112,994.87 118,790.48 124,880.00 Payroll Analyst II 81,058.36 85,226.40 89,596.40 94,183.20 99,017.94 104,085.04 Payroll Analyst I 71,190.33 74,824.76 78,667.55 82,701.69 86,927.19 91,396.06 Debt and Treasury
Manager
134,312.79 141,088.72 148,205.24 155,675.91 163,529.68 171,767.44 Assistant Director of
Public Works
160,509.23 168,531.50 176,954.57 185,798.60 195,084.47 204,834.75

FINANCIAL SUMMARY
The table below reflects the FY2025-26 annual salary and benefit cost of the proposed Payroll Analyst I/II/Senior, Debt and Treasury Manager, Assistant Director of Public Works classifications by salary step.

CLASSIFICATION ANNUAL TOTAL COMP SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Senior Payroll
Analyst
162,993.91 170,449.01 178,346.37 186,616.49 195,329.61 204,484.59 Payroll Analyst II 138,603.14 144,869.37 151,439.23 158,335.02 165,603.57 173,221.45 Payroll Analyst I 123,767.54 129,231.54 135,008.79 141,073.72 147,426.34 154,144.84 Debt and Treasury
Manager
218,665.85 228,852.78 239,551.76 250,783.16 262,590.52 274,975.17 Assistant Director of
Public Works
258,049.58 270,110.26 282,773.50 296,069.62 310,029.99 324,688.56 City of Stockton Page 3 of 3 Printed on 6/5/2026
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO CREATE NEW CLASSIFICATION SPECIFICATIONS OF PAYROLL

ANALYST I/II/SENIOR, DEBT AND TREASURY MANAGER, ASSISTANT DIRECTOR

OF PUBLIC WORKS AND APPROVE THE PROPOSED SALARY RANGES
It is necessary to establish a new classification of Payroll Analyst I/II/Senior to perform a wide range of highly responsible, confidential, and complex financial duties with set procedures in the maintenance and processing of the City’s payroll function and amend the salary range for the existing Payroll Supervisor classification; and necessary to establish a new classification of Debt and Treasury Manager responsible for debt structuring, cash forecasting, investments, and compliance with legal and disclosure requirements; and necessary to establish a new classification of Assistant Director of Public Works to support the Director of Public Works in administering the programs and activities of the department and providing expert professional assistance to city management staff on public works matters; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The new unclassified/unrepresented class specifications of Payroll Analyst I/II/Senior, Debt and Treasury Manager, and Assistant Director of Public Works are hereby created with the salary ranges approved as follows:

JOB

CLASSIFICATION
FY2025-26 ANNUAL BASE SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Senior Payroll
Analyst 97,282.10 102,240.93 107,493.93 112,994.87 118,790.48 124,880.00 Payroll Analyst II 81,058.36 85,226.40 89,596.40 94,183.20 99,017.94 104,085.04 Payroll Analyst I 71,190.33 74,824.76 78,667.55 82,701.69 86,927.19 91,396.06 Debt and Treasury
Manager 134,312.79 141,088.72 148,205.24 155,675.91 163,529.68 171,767.44 Assistant Director
of Public Works 160,509.23 168,531.50 176,954.57 185,798.60 195,084.47 204,834.75

2. The Director of Human Resources is hereby directed to prepare the appropriate class specification in accordance with section 2.36.080 of the Stockton Municipal Code.
370

3. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 9, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
371
City of Stockton
Legislation Text
File #: 26-0553, Version: 1

APPROVE FINDINGS AND AUTHORIZE A PROGRESSIVE DESIGN-BUILD CONTRACT FOR

THE DELTA WATER TREATMENT PLANT CAMPUS IMPROVEMENTS PROJECT (CITYWIDE)

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070, which support and justify an exception to the competitive bidding process.

2. Authorize a Progressive Design-Build Contract in the amount of $1,290,632, to F&H Construction of Lodi, California for the preliminary design and development of a lump sum price proposal for the construction of Delta Water Treatment Plant Campus Improvements Project.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Summary
The Municipal Utilities Department (MUD) Water Utility provides drinking water service to the northern and southern regions of the Stockton Metropolitan Area, with the California Water Service Company and San Joaquin County serving the central region.

The Delta Water Treatment Plant (DWTP), dedicated in 2012 as part of the Delta Water Supply Project, provides up to 30 million gallons per day of potable surface water from the Sacramento-San Joaquin River Delta and Mokelumne River.

The Campus Improvements Project (Project) will expand the DWTP campus to consolidate all water distribution staff & equipment, improve efficiency of treatment operations, establish a northern hub for MUD activities while improving climate resiliency, passive power generation, community engagement, and educational opportunities.

If approved by the City Council, this action will authorize a Progressive Design-Build contract (Exhibit 1 to the Resolution) with F&H Construction, to complete preliminary design and develop a lump sum price proposal for the construction of the Delta Water Treatment Plant Campus Improvements Project.

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DISCUSSION
Background
In 2014, MUD staff completed an evaluation regarding the renovation and possible redesign of the outdated Water Field Office at 7400 West Lane and determined that expanding the DWTP Water Treatment Plant campus would more effectively accommodate distribution staff (30), equipment and the future operational needs of the Department.

When complete, the overall goals of the Project are to construct new facilities and upgraded infrastructure to unify all water division staff and create a northern service hub to improve utility logistics and future service operations. The Project will also add new meeting space for staff, City departments, local agencies, and the community. In addition, project objectives will provide for greater climate resiliency, passive power generation, water conservation, and educational opportunities.

On October 23, 2024, MUD staff issued a request for qualifications for firms capable of providing the required project services. Ten (10) firms submitted statements of qualifications. After reviewing the submissions and conducting interviews, staff shortlisted three (3) firms and invited them to submit proposals in response to a request for proposals (RFP).

The RFP outlined a two-phase Progressive Design-Build approach to meet Project goals and objectives. In Phase 1, the selected firm will advance the facility design to a level that supports bidding construction packages, leading to the Phase 2 lump sum or guaranteed maximum price, similar to the process used for the Delta Water Supply Project design and construction. Under a twophase Progressive Design-Build approach, the RFP also includes an off-ramp option. If the City and the firm cannot agree on cost and schedule, the City may direct the firm to complete the design and prepare bid documents for a competitive bidding process.

MUD staff received three (3) proposals from firms in response to the RFP. A selection committee completed tours of facilities designed and constructed by each of the firms and evaluated their proposals based on the following: design/builder and key personnel experience, construction capabilities, programming needs, architectural vision, timeline, relevant local experience, and cost. Based on these criteria, F&H Construction of Lodi, California received the highest ranking and was determined to be the most qualified firm for this Project.

Present Situation
F&H Construction submitted a Phase 1 price proposal of $1,290,632 for program management, a basis of design report, topographic and subsurface investigations, permitting and the Phase 1 design packages. The proposal also includes a first-phase lump-sum off-ramp fee to complete design, a second-phase off-ramp fee for design support during construction, and Phase 2 engineering and construction management fees, which will be set as percentages of the construction cost at the end of Phase 1.

With the execution of the contract, it is anticipated that the Phase 1 work will be conducted over the next 12 to 18 months and estimated construction of two to three years.

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On April 9, 2026, the Council Water Committee reviewed a presentation of the Project and provided their support for the DWTP Campus Improvement Project.

Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings that support and justify an exception to the competitive bidding process. The following findings support and justify an exception:

1. A strict cost-competitive basis for the selection of professional services may lower the quality and thoroughness of the services provided.

2. Use of the RFP process is appropriate for this Progressive Design-Build Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.

3. Considering the size, complexity, and schedule requirements of the Project, the City does not have sufficient staff resources nor the expertise to design and construct a project of this size.

4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

LOCAL EMPLOYMENT ORDINANCE
On September 1, 2009, the City Council adopted a Local Employment Ordinance requiring that 50 percent of the workforce on public works projects of at least $100,000 reside in the City of Stockton.

The contract amount for this Project is more than $100,000 and subject to the Local Employment Ordinance.

COMMUNITY WORKFORCE AND TRAINING AGREEMENT
On July 26, 2016, the City Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective on August 25, 2016, and applies to all Public Works projects over $1,000,000 that are bid after the effective date. This Project is subject to the requirements of the CWTA.

ENVIRONMENTAL CLEARANCE
Environmental documentation is included in the preliminary design of the project. Once preliminary design is approved, staff will bring the construction contract and environmental documentation for City Council review.

FINANCIAL SUMMARY
Sufficient funds are available in FY 2025-26, project UH14014, account 6518-000-800007-600-602- 00-65-000-000 for Phase 1 of the Progressive Design-Build Contract in the amount of $1,290,632. In City of Stockton Page 3 of 4 Printed on 6/5/2026
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addition, the Department will work to qualify for possible project funding through available state and federal sources.

This action has no impact on the General Fund or any other unrestricted funds.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND AUTHORIZING A PROGRESSIVE DESIGN-BUILD CONTRACT IN THE AMOUNT OF $1,290,632 WITH F&H

CONSTRUCTION FOR THE DELTA WATER TREATMENT CAMPUS

IMPROVEMENTS PROJECT
In 2014, staff evaluated renovating the existing MUD Water Field Office and determined that expanding the Water Treatment Plant campus would more effectively meet current and future Water Distribution staff accommodations and operational needs of the Department; and
When complete, the Delta Water Treatment Plant Campus Improvements Project will feature new facilities and upgrade infrastructure to unify all water operations within an environmentally sensitive campus. It will also add new public space for MUD, City Departments, local agencies and create a northern service hub to improve utility operations and logistics; and
On October 23, 2024, MUD staff released a Request for Qualifications (RFQ) soliciting for firms qualified and capable of providing the necessary services. Staff reviewed ten Statements of Qualifications and selected three firms to submit a proposal in response to a Request for Proposals (RFP); and
The RFP defined a two-phase Progressive Design-Build approach to meet required project objectives; and
MUD staff received three proposals in response to the RFP. A selection committee evaluated the proposals based on specific criteria and F&H Construction of Lodi, California, received the highest ranking and was determined to be the most qualified firm for this project; now, therefore,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

1. The City Council approves the following findings pursuant to Stockton Municipal Code Section 3.68.070 to support and justify an exception to the competitive bidding process:
a. A strict cost-competitive basis for the selection of professional services may lower the quality and thoroughness of the services provided. 376
b. Use of the RFP process is appropriate for this Progressive Design-Build Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
c. Considering the size, complexity, and schedule requirements of the Project, the City does not have sufficient staff resources nor the expertise to design and construct a project of this size.
d. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

2. The Progressive Design-Build Contract for the Project, in the amount $1,290,632, between the City of Stockton and F&H Construction, is hereby awarded, a copy of which is attached hereto as Exhibit 1 and incorporated herein by this reference.

3. The City Manager is hereby authorized and directed to execute the Progressive Design-Build Contract for the Project with F&H Construction.

4. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED June 9, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
377
Progressive Design-Build Contract
for the
Delta Water Treatment Plant
Campus Improvements Project
Project No. UH14014
City of Stockton
Municipal Utilities Department
4, 202
EXHIBIT 1
378
SECTION 00010 - TABLE OF CONTENTS
DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS
Section
00010 Table of Contents
00500 Progressive Design Build Contract
00700 General Conditions

1.0 GENERAL

1.1 Intent of Contract Documents

1.2 Discrepancies and Omissions

1.3 Headings

1.4 Penalty for Collusion

1.5 Successors and Assigns

1.6 Assignment to City

1.7 Rights and Remedies

2.0 ADMINISTRATION

2.1 Administration of the Contract

2.2 City's Representative

2.3 Construction Management

2.4 Design Consultant

3.0 CITY

3.1 General

3.2 Attention to Work

3.3 Inspection

3.4 City's Right to Carry Out the Work

3.5 City's Right to Use or Occupy

3.6 City's Right to Perform Work and to Award Separate Contracts

4.0 CONTRACTOR

4.1 Office

4.2 Contractor's Representative

4.3 Construction Procedures

4.4 Contractor's Employees

4.5 Subcontractors

4.6 Contractor's Equipment and Facilities

4.7 Public Safety and Convenience

4.8 City-Contractor Coordination

4.9 Permits

4.10 Contractor's Responsibility for the Work and Materials

4.11 Laws to be Observed

4.12 Safety

5.0 CONTROL OF WORK AND MATERIALS

5.1 Means and Methods

5.2 City Furnished Materials

5.3 Defective and Unauthorized Work
EXHIBIT 1
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5.4 Unnoticed Defects

5.5 Right to Retain Imperfect Work

6.0 PROGRESS OF THE WORK

6.1 Beginning of Work

6.2 Time of Completion

6.3 Delays

6.4 Time Extensions

6.5 Liquidated Damages

6.6 Termination By City for Cause

6.7 Suspension By The City For Convenience

6.8 Termination By City for Convenience

6.9 Temporary Suspension of Work

7.0 SCOPE OF WORK - CHANGES IN THE WORK

7.1 Changes

7.2 Change Orders

7.3 Differing Site Conditions

7.4 Value Engineering Change Proposals (VECP)

7.5 Resolution of Disputes

7.6 Assertion of Claims

7.7 Dispute Resolution

8.0 PAYMENT

8.1 Scope of Payment

8.2 Partial Payments

8.3 Partial Payments - Inclusion of Materials on Hand

8.4 Right to Withhold Amounts

8.5 Substantial Completion

8.6 Final Inspection and Payment

8.7 Warranty of Title

9.0 EXISTING UTILITIES

9.1 General

9.2 Notification and Location

9.3 Damage and Protection

9.4 Utility Relocation and Rearrangement

10.0 APPLICABLE LAW/CODE REQUIREMENTS

11.0 USE OF SITE AND CLEAN UP

12.0 CORRECTION OF DEFFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD
00800 Supplementary Conditions

1.0 LOCAL EMPLOYMENT

2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT
00810 Modifications to General Conditions
00820 Liability and Insurance Requirements
EXHIBIT 1
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1.0 INDEMNIFICATION

2.0 INSURANCE REQUIRMENTS
DIVISION 1 - GENERAL REQUIREMENTS
01010 Summary of Work

1.0 WORK COVERED BY CONTRACT DOCUMENTS

2.0 CONTRACT ADMINISTRATION

2.1 Name of Construction Manager

2.2 Name of Design Consultant

2.3 Name of City's Representative

3.0 TIME ALLOWED FOR COMPLETION

4.0 DAMAGES FOR DELAYS

5.0 WEATHER DAYS

6.0 WORK SEQUENCE AND CONSTRAINTS

7.0 OCCUPANCY REQUIREMENTS

8.0 CITY FURNISHED MATERIALS

8.1 Contract Documents

9.0 TRENCH EXCAVATION

10.0 WORK UNDER OTHER CONTRACTS

11.0 CONTRACTOR'S WORK PERCENTAGE

12.0 UNDERGROUND FACILITIES

13.0 LEGAL AND CITY HOLIDAYS
01015 General Provisions

1.0 GENERAL

1.1 Description

1.2 Guarantee

1.3 Contractors License

1.4 Patents

2.0 PRODUCTS (Not applicable in this Section)

3.0 EXECUTION

3.1 Public Complaints

3.2 Guarantees and Warranties

3.3 Precedence of Contract Documents

3.4 Care and Protection of Property

3.5 Field Check of Existing Improvements
EXHIBIT 1
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3.6 Protection of Existing Improvements

3.7 Cooperation With Others

3.8 Unfavorable or Hazardous Construction Conditions

3.9 Testing and Substantial and Final Completion
01025 Measurement and Payment

1.0 GENERAL

1.1 Measurement of Quantities

1.2 Units of Measurement

1.3 Certified Weights

1.4 Methods of Measurement

2.0 DESCRIPTION OF BID ITEMS

2.1. General

2.2 Duration of Prices

2.3 Bid Items

2.4 Payment for Mobilization

2.5 Payment for Startup and Demobilization

3.0 CONTRACTOR'S COST BREAKDOWN
01035 Modification Procedures

1.0 CHANGES IN CONTRACT PRICE

2.0 NEGOTIATED CHANGE ORDERS

3.0 FORCE ACCOUNT PAYMENT

4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED

QUANTITIES

5.0 TIME EXTENSIONS FOR CHANGE ORDERS

6.0 CONTRACTOR CHANGE REQUESTS

7.0 VALUE ENGINEERING COST PROPOSALS
01040 Coordination

1.0 GENERAL

2.0 COOPERATION WITH OTHERS

3.0 ORGANIZATION AND COORDINATION

3.1 Monthly Reports

3.2 Daily Reports

3.3 Correspondence

4.0 SYSTEM OUTAGE REQUESTS

5.0 SEQUENCING OF THE WORK
EXHIBIT 1
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6.0 ACCESS TO PROJECT FACILITIES
01050 Field Engineering

1.0 CHECK OF EXISTING IMPROVEMENTS

2.0 DATUM

3.0 LINES AND GRADES
01060 Regulatory Requirements

1.0 APPLICABLE CODES

1.1 Laws and Regulations

1.2 Codes

1.3 Specifications

2.0 LICENSES, FEES, AND PERMITS

2.1 Contractor’s License

2.2 Business License

2.3 Encroachment Permit (City of Stockton)
01090 References

1.0 DEFINITIONS

2.0 ABBREVIATIONS
01200 Project Meetings

1.0 PRE-CONSTRUCTION CONFERENCE

1.1 Attendees

1.2 Agenda

1.3 Minutes

2.0 PROGRESS MEETINGS

2.1 Schedule

2.2 Attendees

2.3 Agenda

2.4 Minutes

3.0 CONFERENCES

4.0 POST CONSTRUCTION MEETING
01300 Submittals

1.0 DESCRIPTION

2.0 SUBMITTAL-GENERAL REQUIREMENTS

3.0 SCHEDULE OF VALUES
EXHIBIT 1
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4.0 PROGRESS SCHEDULE

5.0 SHOP DRAWINGS

6.0 SAMPLES

7.0 MATERIALS LISTS AND EQUIPMENT DATA

8.0 INSTRUCTION MANUALS

9.0 INSTALLATION INSTRUCTIONS

10.0 CITY PERSONNEL TRAINING PLAN

11.0 OTHER SUBMITTALS

12.0 STORAGE INSTRUCTIONS

13.0 TOOLS, ACCESSORIES, SPARE PARTS, AND MAINTENANCE MATERIALS

14.0 RECORD DRAWINGS AND SPECIFICATIONS

15.0 REVISION OF SUBMITTALS

16.0 CERTIFICATES

17.0 EARTHQUAKE DESIGN AND RESTRAINT

18.0 CONSTRUCTION PHOTOGRAPHS

18.1 Summary

18.2 Submittals

18.3 Media

18.4 General
01310 Progress Schedule

1.0 CONSTRUCTION SCHEDULE

1.1 General

1.2 Preliminary Progress Schedule

1.3 Base Schedule

2.0 WEATHER CONDITIONS

3.0 UPDATES

3.1 Submittal Period

3.2 Schedule Review

3.3 Schedule Revisions
EXHIBIT 1
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4.0 TIME IMPACT ANALYSES

4.1 Requirement

4.2 Delays

4.3 Submittal

5.0 WEEKLY ACTIVITIES PLAN

6.0 CASH FLOW PROJECTION

7.0 WORKHOUR PROJECTION
01400 Quality Control

1.0 QUALITY CONTROL

2.0 INSPECTION

3.0 SAMPLES AND TESTS

3.1 Sampling

3.2 Testing

3.3 Test Standards
01500 Construction Facilities and Temporary Controls

1.0 GENERAL

2.0 TEMPORARY UTILITIES

2.1 Electrical Service

2.2 Water

2.3 Temporary Lightning

2.4 Heating and Ventilation

2.5 Sanitary Conveniences

3.0 CONSTRUCTION FACILITIES

3.1 Staging and False Work

3.2 Temporary Enclosures

3.3 Warning Devices and Barricades

3.4 Above Grade Protection

3.5 Use of Explosives

4.0 PROTECTION AND RESTORATION OF PROPERTY

5.0 PROJECT SECURITY

5.1 Fire Extinguisher

5.2 First Aid

5.3 Temporary Fences

6.0 ACCESS ROADS

7.0 SPECIAL CONTROLS
EXHIBIT 1
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7.1 Dust Control

7.2 Mud Control

7.3 Noise Abatement

7.4 Working Hours

7.5 Drainage Control

7.6 Construction Cleaning

7.7 Dispose of Material

7.8 Parking and Storage Areas

8.0 TRAFFIC REGULATION

8.1 General

8.2 Haul Routes

8.3 Traffic Control

9.0 PROJECT OFFICE

10.0 CONTRACTOR’S SAFETY RULES
01600 Material and Equipment

1.0 STORAGE OF MATERIALS

2.0 HAZARDOUS MATERIALS

3.0 MATERIAL AND EQUIPMENT SUBSTITUTIONS

3.1 General

3.2 Substitutions

3.3 Modifications and Costs
01660 System Testing
01670 Training

1.0 GENERAL

2.0 INSTRUCTIONS

3.0 SCHEDULING

4.0 INSTRUCTION PROGRAM

5.0 LOCATION

6.0 RECORD OF TRAINING SESSIONS
01700 Contract Closeout

1.0 INSTRUCTION MANUALS

2.0 EQUIPMENT START-UP

3.0 FINAL CLEANING
EXHIBIT 1
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3.1 Final Clean-up

3.2 Final Building Clean-up

4.0 PROJECT COMPLETION

4.1 Substantial Completion

4.2 Final Completion

4.3 Project Record Documents

5.0 GUARANTEE

TECHNICAL SPECIFICATIONS (NOT USED)
EXHIBIT 1
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SECTION 00500 – PROGRESSIVE DESIGN-BUILD CONTRACT
THIS CONTRACT (“Contract”) is made and entered into on , by and between F&H Construction, a (California Corporation), with a business address of 1115 E. Lockeford Street, Lodi, California 95240, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:

WHEREAS, the Contract for said work was regularly awarded to CONTRACTOR, by Council Motion –OR- Council Resolution No. , on . NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

1. CONTRACTOR agrees:
(a) To do and perform the design and construction work and services and furnish all the labor, materials, tools, equipment, insurance and securities pursuant to the terms and conditions of the Contract Documents required for the Progressive Design-Build Services for the Delta Water Treatment Plant Campus Improvements Project No. UH14014 (“Project”), subject to CITY and CONTRACTOR agreeing to a Phase 2 Guaranteed Maximum Price (GMP) or Lump Sum Contract Price and Phase 2 Contract Time (as defined in Article 1(g) below for the Phase 2 portion of the Work. CITY is contracting with CONTRACTOR, whose key personnel and key subcontractors are set forth in Exhibit A, for the following Work: design, permitting and construction of Progressive Design-Build components (“Facilities”) of the Project. The Work includes development and preparation of all design documents and construction of the Project, including construction administration and management services in two Phases. Phase 1 of the Work shall consist of the initial design of the Project and negotiation of the Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time. Phase 2 of the Work shall consist of the final design and construction of the Project, which shall take effect only if CITY and CONTRACTOR EXHIBIT 1
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agree to a Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time, and CITY exercises the OPTION under Article 5 below.

The general description of the Work which will be performed in Phases, shall include, but not be limited to, the following:

Phase 1 – Design Development and Construction Documents Project management for the duration of Phase 1
Conceptual and a significant degree of detailed design of the Facilities, including equipment and materials specifications
Review of background and reference documents and preparation of Basis of Design Report (“BODR”) and other work products as defined in this Contract, with major milestones at 10%, 25% and 60-75% completion, site plans, specifications, and other supporting documents to facilitate preparation of a Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time Proposal at 60-75% completion of design packages
Advising the CITY and facilitating CITY participation in all material decision making about the Facilities as such decision making may affect the Project scope and value, including CITY participation in select meetings and communications
Necessary environmental documentation for compliance with California Environmental Quality Act (“CEQA”) requirements
Preliminary preparation of all necessary permit applications and facilitation of regulatory agency approval of all permits that are CONTRACTOR’s responsibility (CITY will sign the permit applications, furnish permit application fees, and attend permitting coordination and review meetings with regulatory agencies as necessary).

Preparation of unified sets of plans and specifications for use by the City to solicit competitive bids for construction of the Facilities if CONTRACTOR’S performance is unsatisfactory, Contract amendment negotiations for Phase 2 are unsuccessful, or the CONTRACTOR otherwise fails to perform under the terms of the Contract. It is anticipated in this event that CONTRACTOR shall assume responsibilities as the Engineer of Record and provide engineering services during construction by others.

EXHIBIT 1
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Solicitation of competitive proposals for the major trades, design packages, and material and equipment procurement, preparation of a firm Phase 2 GMP or Lump Sum and Contract Price and Phase 2 Contract Time, as defined and required in Article 1(g) below, and negotiation of the Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time with CITY in accordance with the Contract
Negotiation of the Contract amendment, as defined in Article 1(g) below, for Phase 2
In addition to the services identified above, CONTRACTOR will also perform all Phase 1 services identified in and reasonably inferred by this Contract, the RFP, and all Contract Documents for the Project.

Phase 2 – Final Design and Construction Phase (contingent upon satisfactory completion of Phase 1 services and successful negotiation of and agreement on a Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time):

Completion of final design packages as necessary for physical construction of the Facilities
Completion of permitting services
Procurement of equipment and materials separately from construction contracts as necessary to achieve project delivery schedule Compliance with all permitting terms and conditions
Compliance with all environmental mitigation requirements if required Site safety and security during construction including coordination of site visits Completion of start-up and all required acceptance tests Provision of an operations and maintenance (“O&M”) manual, as-built drawings and other project documentation in searchable Adobe Acrobat format and integrated into a computerized maintenance management system (“CMMS”); as-built drawings provided in AutoCAD files
Training of the CITY-designated and licensed O&M workforce to explain the Facilities design intent, the Operations Manual, SOP, and the equipment manufacturers’ recommendations
EXHIBIT 1
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Completion of the project within the Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract time and in accordance with all Contract requirements Provision of QA/QC plan for Phase 2
In addition to the services identified above, CONTRACTOR will also perform all Phase 2 services and Work identified in and reasonably inferred by this Contract, the RFP, and the Contract Documents for the Project. In particular, see the scope of services identified in Section 3.11 of the RFP. The final scope of services for which will be identified by Contract Amendment following successful negotiation of a Phase 2 GMP or Lump Sum Price.
(b) To do and perform the work and services contemplated hereby in a good and professional manner to the complete satisfaction of the Municipal Utilities Director (“Director”) of the City of Stockton.
(c) CONTRACTOR shall, during the life of the contract, take out and maintain insurance coverage as required herein under and by the General Conditions and all other Contract Documents with insurance carriers authorized to transact business in the State of California as will protect CONTRACTOR or any subcontractor or anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable from claims for damages because of bodily injury, sickness, disease, or death of its employees or any other persons, or for damages because of injury to or destruction of tangible property including loss of use resulting therefrom.

The minimum limits of liability for such insurance coverage, which shall include comprehensive general and automobile liability, including contractual liability assumed under the contract, shall be in the minimum amounts mandated by Section 00820 – Liability and Insurance Requirements of the Front End Contract Documents. Front End Contract Documents are Division 0 (Sections 00100 through 00820) and Division 1 (01010-01700). Defined terms are included in this Contract and in Section 01090 of the Division 1 Front End Contract Documents.

Such liability insurance policies shall name CITY as an additional insured by separate endorsement and shall agree to defend and indemnify CITY against loss arising from operations performed under the Contract and shall provide EXHIBIT 1
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that written notice of any changes or cancellation in coverage shall be provided to CITY at least thirty (30) days prior to the effective date of such change or cancellation.

CONTRACTOR shall obtain, and keep in full force and effect, Workers’ Compensation Insurance necessary in connection with the performance of this Contract to protect itself and employees under the Workers’ Compensation Insurance and Safety Act and CONTRACTOR shall supply CITY with a suitable statement certifying to the protection and defining the terms of the policy prior to undertaking the work contemplated herein.

Before permitting any subcontractors to perform work under the contract, CONTRACTOR shall require subcontractors to furnish satisfactory proof that insurance has been issued and is maintained as may be applied to each subcontractor's work. The CONTRACTOR may adjust the Subcontractors’ coverage limits based on the size and scope of Subcontractor services or work. (d) CITY and all officers and employees thereof connected with the work, including but not limited to the Municipal Utilities Director and/or the Director’s designee, shall not be answerable or accountable in any manner, for any loss or damage that may happen to the Work or any part thereof, for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person, either workers or the public, or for damage to property from any cause which might have been prevented by CONTRACTOR or CONTRACTOR's workers, or anyone employed by CONTRACTOR.
(e) CONTRACTOR shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the Work or any time before its completion and final acceptance. The duty of CONTRACTOR to indemnify and save harmless, as set forth in the Contract Documents, shall include the duty to defend, as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require CONTRACTOR to indemnify CITY against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
(f) The CONTRACTOR’s indemnity obligations wherever referred to EXHIBIT 1
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or identified in the Contract Documents are to be read in conjunction with, and shall not supersede, the indemnity provision stated in Section 00820 – LIABILITY AND INSURANCE REQUIREMENTS.
(g) To do and perform the Phase 1 Work contemplated to furnish all labor, services, materials, tools and equipment necessary therefor at the prices herein specified, to wit: Subject to the provisions of the Contract Documents, CITY shall pay to CONTRACTOR, for performance of the Phase 1 Work, $1,290,632, the “Phase 1 Lump Sum Contract Price” as set forth in Exhibit C.

CITY shall pay for the performance of the Work for Phase 2, in an amount that CITY and CONTRACTOR will negotiate and agree to at the conclusion of Phase 1 (“Phase 2 GMP or Lump Sum Contract Price”) if the City agrees to exercise the OPTION under Article 5 below. CONTRACTOR agrees that the portion of its Phase 2 GMP or Lump Sum Contract Price for Phase 2 design/engineering services as set forth in Exhibit D shall not exceed 5.00% of the Phase 2 GMP or Lump Sum Contract Price, as set forth in Exhibit E, and that Phase 2 Construction Management/Inspection services as set forth in Exhibit F shall not exceed 1.25% of the Phase 2 Lump Sum Contract Price as set forth in Exhibit G.

CONTRACTOR shall solicit and procure at least three
competitive proposals from CONTRACTOR pre-qualified companies for all major subcontract packages, trades, and material and equipment procurements, in preparing and negotiating the final Phase 2 GMP or Lump Sum Contract Price. “Major” is defined as a trade, design package, and/or material and equipment procurement whose costs, respectively, exceed one-half (1/2) of one percent (1%) of the Phase 2 GMP or Lump Sum Contract Price.

CONTRACTOR shall provide the bids to CITY during the
negotiation of the Phase 2 GMP or Lump Sum Contract Price. If CONTRACTOR is unable to procure at least three bids as required hereinabove, it shall provide to the CITY written detail on the steps taken by CONTRACTOR to obtain the bids, including, but not limited to, showing that CONTRACTOR solicited bids from at least three qualified subcontractors or suppliers, and a written explanation for why it is reasonable for CONTRACTOR not to have obtained the required three bids.

EXHIBIT 1
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For Work that CONTRACTOR intends to self-perform,
CONTRACTOR shall provide, in addition to its detailed bid/estimate for its selfperformed work, evidence that the CONTRACTOR’S bid/estimate is at current market value. This shall be accomplished by providing actual estimates, costs, and labor production rates utilized in other similar CONTRACTOR constructed projects, or at the sole discretion of the City, by obtaining from CONTRACTOR, two comparable bids from other contractors for the self-performed work to allow the CITY to compare and evaluate the CONTRACTOR’s self-performance work price.

The above identified bidding requirements shall not preclude CONTRACTOR from requesting from the CITY permission to seek sole-source procurement of equipment, materials and subcontractors should CONTRACTOR prove to CITY, in CITY’s sole discretion that said procurement is in the best interests of the City. Further, for each instance in which CONTRACTOR does not use the lowest monetary bid obtained for each major design package, trade and/or equipment and material procurement, CONTRACTOR must provide to the CITY a written explanation showing why it is in the best interests of the CITY for CONTRACTOR not to use the lowest monetary bid. CONTRACTOR may also provide an allowance for certain major design packages, trades and/or equipment and material procurements, but, if an allowance is provided, CONTRACTOR must provide to the CITY, for the CITY’s acceptance, written detail on why an allowance was provided in lieu of CONTRACTOR procuring and providing to the CITY the required three bids.

If CONTRACTOR does not provide proof to CITY that it has taken all reasonable efforts to bid all major design packages, trades, and equipment and material procurements, or provide to the CITY an acceptable written explanation for why CONTRACTOR is either not using lowest monetary bid(s) or is providing an allowance in lieu of bids, CITY reserves the right not to exercise the OPTION as identified below.

The final Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time shall be incorporated into this Contract by amendment, and the Work for Phase 2 shall be performed pursuant to the terms of this Contract.

For each subcontractor or supplier whose contract value will exceed 3% of the total Phase 2 GMP or Lump Sum Contract price, CONTRACTOR EXHIBIT 1
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shall provide acceptable qualifications information at the time CONTRACTOR provides its Phase 2 GMP or Lump Sum Contract Price to CITY. (h) To begin the Work contemplated hereby after this Contract has been approved as to form by the City Attorney of the City of Stockton and after receipt by CONTRACTOR of the Notice to Proceed.

CONTRACTOR shall commence the Work for Phase 1 on the
date specified in the Notice to Proceed for Phase 1, and shall fully complete the Work within three hundred ninety-five (395) calendar days as set forth in Exhibit K. The time for CONTRACTOR to complete Phase 1 Work is the “Phase 1 Contract Time.” The Phase 1 Contract Time is defined when CONTRACTOR has completed the Phase 1 Scope of Services pursuant to Article 1(a) above. The “Phase 2 Contract Time” is defined as the number of calendar days for the CONTRACTOR to achieve Substantial Completion of Phase 2 pursuant to General Conditions Section 00700-8.5 and 8.6.

Assuming the CITY exercises the OPTION described below and issues a Notice to Proceed for Phase 2 to CONTRACTOR, the CONTRACTOR shall commence the Work for Phase 2 on the date specified in the Notice to Proceed for Phase 2 and shall achieve Substantial Completion of the Phase 2 Work in the Phase 2 Contact Time. The Phase 2 Contract Time will be incorporated into this Contract by amendment.

By signing this agreement, CONTRACTOR represents to CITY that (i) the Phase 1 Contract Time and Phase 2 Contract Time (by amendment) are reasonable for completion of the Work of the respective Phases; and (ii) CONTRACTOR will complete the Work within the Phase 1 Contract Time and Phase 2 Contract Time, as applicable.

If CITY decides not to exercise the OPTION for CONTRACTOR to perform Phase 2 Work, CONTRACTOR shall complete all final design documents, in accordance with Exhibit H hereto and Article 5(b)(i) below, to allow for competitive bidding of the Phase 2 construction work in the Final Design Documents Contract Time. The “Final Design Documents Contract Time” is defined as the calendar days necessary for CONTRACTOR to complete the design in accordance with Exhibit H and Article 5(b)(i) below. The Final Design Documents Contract Time shall be within EXHIBIT 1
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237 calendar days of a formal Notice to Proceed by CITY that it is taking the “off-ramp” pursuant to Article 5(b) below, and requests that CONTRACTOR complete the final design documents. The Notice to Proceed by CITY that it is taking the “off-ramp” pursuant to Article 5(b) below shall be provided by CITY no later than 60 calendar days after the expiration of time the CITY can exercise the OPTION under Article 5(b) below.

It is agreed by the parties to the Contract that in case all the work called for under the Contract in all parts and requirements, is not finished or completed within the number of calendar days as set forth herein, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the following sums:

If CONTRACTOR fails to complete the Work for Phase 1 within the Phase 1 Contract Time, CONTRACTOR shall pay to CITY, as liquidated damages and not as a penalty, the amount indicated below as “Liquidated Damages Daily Rate for Phase 1” of each calendar day after expiration of Contract Time that Work for Phase 1 remains incomplete.

If CONTRACTOR fails to complete the Work for Phase 2, within the Phase 2 Contract Time, CONTRACTOR shall pay to CITY, as liquidated damages and not as a penalty, the applicable amount(s) indicated below as “Liquidated Damages Daily rate for Phase 2 Substantial Completion” for each calendar day after the expiration of the Phase 2 Contract Time that Work for Phase 2 remains incomplete.

If CONTRACTOR fails to achieve Phase 2 Final Completion (as defined in General Conditions Section 00700-8.6), CONTRACTOR shall pay to CITY, as liquidated damages and not as a penalty the applicable amount(s) indicated below as “Liquidated Damages Daily Rate for Phase 2 Final Completion” for each calendar day that CONTRACTOR fails to achieve Phase 2 Final Completion.

If CITY does not exercise the OPTION for Phase 2, and
CONTRACTOR fails to meet the Final Design Documents Contract Time, EXHIBIT 1
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CONTRACTOR shall pay to CITY as liquidated damages and not as a penalty the applicable amount(s) indicated below as “Final Design Documents Liquidated Damages Daily Rate” for each calendar day that CONTRACTOR fails to achieve the Final Design Documents Contract Time.

CITY and CONTRACTOR agree that if the Work is not completed within the above defined contract times, CITY’s damages would be extremely difficult or impracticable to determine and that said amounts indicated below are reasonable estimates of and reasonable sums for such damages. CITY may deduct any liquidated damages due from CONTRACTOR from any amounts otherwise due to CONTRACTOR under the Contract Documents. This provision shall not limit any right or remedy of CITY in the event of any other default of CONTRACTOR other than failing to complete the Work within the Contract Time.

Liquidated Damages Daily Rate for Phase 1: $250
Liquidated Damages Daily Rate for Phase 2 Substantial Completion: $500 Liquidated Damages Daily Rate for Phase 2 Final Completion: $250 Final Design Documents Liquidated Damages Daily Rate: $500 Except as otherwise specifically provided herein, such delay liquidated damages shall constitute the sole and exclusive remedy for delay regardless of legal theory. In addition, the CONTRACTOR’s liability for liquidated damages in Phase 1 shall not exceed 20% of the Phase 1 Lump Sum Contract Price and liquidated damages in Phase 2 shall not exceed 5% of the Phase 2 Contract Price, provided however that this limitation shall not limit the City’s recovery of non-delay related damages otherwise due under this Contract as a result of CONTRACTOR’s default or termination for cause. The limitation shall be included under the aggregate limitation of liability included under Section 6 below.

It is further agreed that in case the Work called for under the Contract is not finished and completed in all parts and requirements within the number EXHIBIT 1
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of calendar days specified, the City Council shall have the right to increase the number of calendar days or not, as may best to serve the interest of CITY, and if they decide to increase the said number of calendar days, they shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work liquidated damages set forth above.

A calendar day shall not include, nor shall CONTRACTOR be assessed with liquidated damages during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, delays caused by permitting agencies/entities, epidemics, quarantine restrictions, strikes, and freight embargoes, or delays of subcontractors due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within ten (10) days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive, unless appealed under the dispute provisions.

If CONTRACTOR is delayed by reason of alterations made to the specifications, or by any act of the Director or of the CITY, not contemplated by the Contract, and said delay is deemed to be an Excusable Delay pursuant to General Conditions Section 00700-6.3, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties.

If CONTRACTOR is entitled to an increase in the Contract Sum because of a Compensable Delay, determined pursuant to General Conditions Section 00700-6.3.4, the Contract Sum will be increased by the sum indicated below per calendar day for each day for which such compensation is payable. The below daily delay rates shall include all delay damages sought by CONTRACTOR, its design professionals, its subcontractors/suppliers of every tier, and all other entities or persons CONTRACTOR contracts with to perform Work under this Contract, and General Conditions Section 00700-6.4.3. This Article will apply only to the extent that the CONTRACTOR fulfills requisites proving entitlement to Compensable Delay. The delay daily rate for Phase 1 is the rate provided by CONTRACTOR in its Proposal.

The delay daily rates for Phase 2 shall be provided by CONTRACTOR when it submits EXHIBIT 1
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its Phase 2 proposal and shall be incorporated into this Contract by the same Contract amendment which will include and add the Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time.

Compensable delay daily rate for Phase 1: $100 per calendar day. (i) To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California.

To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 ($25.00) DOLLARS for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours in violation of the provisions of the Labor Code of the State of California.
(j) That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
(k) CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the hourly prevailing wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.8, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Said wages are available through the City of Stockton, Municipal Utilities Department, 2500 Navy Drive, Stockton, California, 95206. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rate of concern is current and paid to the employee. (l) Without superseding, limiting, or restricting any other representation or warrant set forth elsewhere in the Contract Documents, or implied by operation of law, the CONTRACTOR makes the following covenants and EXHIBIT 1
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representations to CITY:

CONTRACTOR, including its design professionals and
subcontractors, is properly certified, licensed and qualified to perform the Work required by the Contract Documents, and CONTRACTOR shall procure a City of Stockton Business License to be in effect during the entirety of the Project.

CONTRACTOR accepts the relationship of trust and confidence with the CITY established by the Contract Documents. CONTRACTOR will cooperate with CITY.

CONTRACTOR, including its design professionals, has carefully examined the site of the Project and the adjacent areas, have suitably investigated the nature and location of the Work and have satisfied themselves as to the general and local conditions which will be applicable, including but not limited to: (1) conditions related to site access and to the transportation, disposal, handling and storage of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of Work.

CONTRACTOR, including its design professionals, has suitably reviewed proposal documents, and any other documentation furnished by CITY in the Contract Documents.

In Phase 1, CONTRACTOR shall submit to CITY design work products at 10%, 30% and 60-75% completion for scope compliance review by CITY as stated and delineated in Exhibit B. The 10%, 30% and 60-75% design work product submissions shall also include a cost estimate for all Work to be performed in Phase

2. In Phase 1, CONTRACTOR shall submit to CITY design
documents that are sufficient for CONTRACTOR to provide to CITY its proposed Phase 2 GMP or Lump Sum Contract Price and Phase 2 Contract Time. The design document submission shall include the information required in Section 3.7 of the RFP and shall be delivered to the CITY concurrently with the proposed Phase 2 GMP or Lump Sum Contract Price and all bidding documents required by Article 1(g) of this Contract.

EXHIBIT 1
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CONTRACTOR agrees that (1) it will manage, coordinate and fully complete the design; (2) CONTRACTOR will cause its design professionals to describe and depict the final design for the Project, as approved by the CITY, in Contract Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (3) it will manage and timely construct the Project in consideration for the CITY’s payment of the Phase 1 and 2 GMP or Lump Sum Contract Prices.

CONTRACTOR, including its design professionals, has reviewed the milestones identified in the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by CONTRACTOR’s Proposed Contract Schedule, approved by CITY. CONTRACTOR also agrees that the time is of the essence for the performance of the Work.

CONTRACTOR agrees that all Contract Documents will be
completed, coordinated, and accurate. “Contract Documents” means the Request for Qualifications, Request for Proposals, Contractor’s Proposal, this Contract, Front End Contract Documents, including General Conditions and Supplemental Conditions, Exhibits, City of Stockton Standard Specifications, Specifications, List of Drawings, Drawings, Addenda, Notice to Proceed, Change Orders, Notice of Completion, and all other documents identified in this Contract of which together form the Contract between CITY and CONTRACTOR for the Work (the “Contract”). The Contract constitutes the complete agreement between CITY and CONTRACTOR and supersedes any previous agreements or understandings.

The design development documents to be prepared by
CONTRACTOR shall include drawings and outline specifications fixing and describing the Project size and character as to site utilization, and other appropriate elements incorporating the civil, structural, geotechnical, architectural, mechanical, environmental, process, instrumentation, and electrical systems. The design development documents set forth in detail the requirements for the construction of the Work, and shall be based on codes, laws, or regulations enacted at the time of their preparation.

EXHIBIT 1
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CONTRACTOR agrees that all materials, equipment and
furnishings incorporated into or used in the construction work will be of good quality, new (unless otherwise required or permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the CITY, CONTRACTOR will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings.

CONTRACTOR agrees that the construction work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved or authorized by the CITY in advance, may be considered defective.

CONTRACTOR agrees to correct any error(s), omission(s), or deficiencies in the Contract Documents at no additional cost to CITY; however, this provision in no way limits the liability of CONTRACTOR.

CONTRACTOR shall furnish a surety bond in an amount equal to one hundred percent (100%) of the Phase 2 GMP or Lump Sum Contract Price as security for faithful performance of Phase 2 of this Contract, and shall furnish a separate bond in an amount equal to one hundred percent (100%) of the Phase 2 GMP or Lump Sum Contract Price as security for payment to persons performing labor and furnishing materials in connection with Phase 2 of this Project. Bonds shall be in the form set forth and attached to this Contract.
(m) CONTRACTOR and each of its subcontractors shall comply with Stockton Municipal Code Section 3.68.095 (Local Employment—Public works contractors) (hereinafter “Local Employment Ordinance”), Section 00800 Supplementary Conditions, which is incorporated herein by this reference.

CONTRACTOR and each of its subcontractors shall complete and maintain all documentation, reports and records required by, and necessary for monitoring their compliance with, the Local Employment Ordinance. The failure of CONTRACTOR or any of its subcontractors to comply with any of the requirements of the Local Employment Ordinance shall be deemed a material breach of the Contract or subcontract.

EXHIBIT 1
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2. CITY agrees:

To pay CONTRACTOR for the work herein contemplated in the following manner:

For Phase 1, progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to one hundred percent (100%) of the proportional Phase 1 Lump Sum Contract Price, upon the basis of the progress certificate of the Municipal Utilities Director as to the amount of work done and the proportional amount of the contract price represented therefor; and all of the remaining part of the Phase 1 Lump Sum Contract Price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days in accordance with General Conditions Section 00700-8.0. Payments shall be made in accordance with the drawdown schedule required by Section 3.3 of the RFP.

For Phase 2, progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety percent (90%) of the proportional Phase 2 GMP or Lump Sum Contract Price, upon the basis of the progress certificate of the Municipal Utilities Director as to the amount of work done and the proportional amount of the Phase 2 GMP or Lump Sum Contract Price represented therefor; and all of the remaining part of the Phase 2 GMP or Lump Sum Contract Price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the filing of the Notice of Completion of said work of construction. Payments shall be made in accordance with a drawdown schedule to be provided by CONTRACTOR in its Phase 2 Proposal. CITY retains the discretion to reduce retention from ten percent (10%) to five percent (5%) when CONTRACTOR has completed fifty percent (50%) of the Work for Phase 2 and pay retention by joint check(s) during the Work for Phase 2 to CONTRACTOR and any Subcontractor or Supplier who have completed their work in the Project.

Pursuant to the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a state or federally chartered bank as escrow agent. The costs of such escrow shall be paid by the CONTRACTOR. Securities EXHIBIT 1
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eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. The CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

CONTRACTOR shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from CITY, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by CITY to ensure performance, CONTRACTOR shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held in escrow is equivalent to the amount of money to be withheld by CITY under the Contract.

3. CHANGE ORDERS:

CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Director or City Representative to be necessary or advisable and to require such extra work as may be determined by the Director or City Representative to be required for the proper completion of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the authorized CITY official executing this contract and/or the City Council.

Cumulative change orders which exceed the charter limit of $100,000 (adjusted annually on July 1st of each year) plus ten percent of the initial contract price over one hundred thousand dollars ($100,000) require CITY Council approval.

Change orders not meeting the above criteria require approval by the CITY official executing this contract. the dollar amounts of change orders approved by specific city EXHIBIT 1
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council actions, plus the dollar amounts of any change orders which predate such specific CITY Council action, shall not be counted in computing the authority limits set forth above for CITY officials to approve change orders hereunder. In emergency situations, the authorized CITY official may issue a change order beyond the authority limits described above in order to:
(i) Prevent interruption of the work which would result in a substantial increase in the costs to, or liability of, CITY; or (ii) Protect the work, equipment, materials to be used in the work, human safety, or the environment at or near the work from substantial and immediate danger or injury; or
(iii) Protect, where damage or injury has occurred, the work, equipment or materials to be used in the work, human safety, or the environment at or near the site of the work from further or additional damage or injury or deterioration.

The authorized City Representative shall have the authority to issue change orders in such sums as is reasonably necessary for such emergency purposes. After issuing a change order in an emergency situation described above, the authorized CITY official shall report such action and the reasons therefor to the City Council in writing not later than its next regularly scheduled meeting or as soon thereafter as is practicable.

Upon receipt of an approved contract change order, CONTRACTOR shall proceed with the ordered work. If ordered in writing by the City Representative, CONTRACTOR shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineer will, as soon as practicable, issue an approved contract change order for such work and the provisions in General Conditions Section 00700-7.1.1, "Procedure and Protest," (Specifications) shall be fully applicable to such subsequently issued contract change order.

When the compensation for an item of work is subject to adjustment under the provisions of General Conditions Section 00700-7.1, “Changes,” (Specifications) CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

EXHIBIT 1
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4. AUDITS:
(a) CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract.

CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

5. OPTION
(a) The CITY may exercise its option for performance of the Phase 2 Work if CITY and CONTRACTOR agree to a Phase 2 GMP or Lump Sum Contract Price and Phase Contract Time by the end of the Phase 1 Contract Time, and by providing a written Notice to Proceed to the CONTRACTOR for performance under Phase 2. The OPTION for Phase 2 may be exercised not later than 90 days after the expiration of Phase 1 Contract Time. If CONTRACTOR has complied with all other terms of the Contract and the CITY fails to exercise the OPTION for Phase 2 by such calculated date, it shall be deemed that the CITY has decided not to exercise the OPTION.
(b) If CITY decides not to exercise the OPTION under this Article, and CITY notifies CONTRACTOR that CONTRACTOR is not required to perform construction services for Phase 2, it is anticipated that the CITY will take the “off-ramp” as identified in Section 3.10 of the RFP and Appendix H, and CONTRACTOR will perform, at CITY’s discretion and option, and after a Notice to Proceed is issued pursuant to Article 1(g) hereinabove, two separate scopes of work/services:
(i) Upon receipt of the Notice to Proceed identified above in EXHIBIT 1
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Article 1(g), CONTRACTOR will complete the design of the Project by preparing unified sets of plans and specifications for use by the CITY to solicit competitive bids for construction of the Facilities in accordance with the scope of work set forth in Appendix H, and within the Final Design Documents Contract Time (as identified above in Article 1(g)). The performance of the final design services under this paragraph shall be performed for the Lump Sum Contract price of $1,855,000, as set forth in Exhibit I.
(ii) Upon receipt of a Notice to Proceed from the CITY at a time after CONTRACTOR has completed the services required under Article 5(b)(i) above, CONTRACTOR, pursuant to the terms of the Contract Documents, shall remain the Engineer of Record, and will provide engineering services during construction as set forth in Exhibit H, for the Lump Sum Contract price of $400,000, as set forth in Exhibit J.
(c) The CITY’s “OPTION” rights under this Article 5 are independent of the “Termination for Convenience” rights set forth in General Conditions Section 00700-6.8. As such, if the CITY opts to not proceed with Phase 2 after the completion of Phase 1, CONTRACTOR’s right of recovery is limited to the Phase 1 Lump Sum Contract Price.
(d) The CITY retains the right to terminate this Contract for convenience at any time in accordance with General Conditions Section 00700-6.8.

6. Limitation of Remedies and Allocation of Risks. (a) The CONTRACTOR and City waive claims against each other for consequential damages arising out of or relating to this Contract. This waiver shall survive completion of or termination of the Contract. The waiver of consequential damages set forth above specifically does not include any and all damages recoverable as liquidated damages as set forth in this contract; all damages arising from claims made by third parties, including, but not limited to, the parties' obligations under the indemnity obligations of this contract; fines or penalties, including those relating to environmental issues; all costs or damages to complete the work contemplated by this contract or to repair or correct defective work; damages incurred to require complete and full compliance with the terms of this contract; and all damages required to ensure that the Work meets the performance EXHIBIT 1
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requirements of the contract. The waiver of consequential damages will not preclude a party from asserting such damages as an offset to any claim for damages made by the other party, provided that the City may not offset retainage owed to CONTRACTOR.

In recognition of the relative risks and benefits of the Project to both City and CONTRACTOR, City agrees, to the fullest extent permitted by law and notwithstanding any other provision in this Agreement, that any liability created by or arising out of this Agreement on the part of CONTRACTOR to City and any person or entity claiming by, through or under City, for any and all claims, liabilities, losses, costs, damages of any nature whatsoever, or claims expenses from any cause or causes (including without limitation any attorneys’ fees under this Agreement), shall not exceed 50% of the Contract Sum, inclusive of the limitation on liquidated damages above. This limitation of liability shall not reduce the availability of, or the ability of the City or any other party to pursue and recover amounts from, insurance required to be provided by CONTRACTOR, nor shall this limitation of liability limit be applicable to recovery under the performance and payment bonds provided for the Project; to the extent City has a right to recover under such performance and/or payment bonds, CONTRACTOR and the sureties under the bonds shall remain liable in the full amount of such bonds without regard to or reduction by the limitation of liability set forth herein.

7. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

8. It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

EXHIBIT 1
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EXHIBIT 1
409
PHASE 2 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), as Principal and , a corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SPELL OUT CONTRACT AMOUNT AND xx/100 DOLLARS ($xxx enter dollar amount), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

Delta Water Treatment Plant
Campus Improvements Project
(PROJECT NO. UH14014)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by EXHIBIT 1
410
said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL

SURETY
APPROVED AS TO FORM & CONTENT:

MARCI A. ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

CITY ATTORNEY
EXHIBIT 1
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PHASE 2 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, NAME OF CONTRACTOR, a (INDICATE STATUS: STATE OF [NAME STATE] CORPORATION, PARTNERSHIP, OR SOLE PROPRIETORSHIP), as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SPELL OUT DOLLAR AMOUNT AND xx/100 DOLLARS ($xxx enter dollar amount), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

Delta Water Treatment Plant
Campus Improvements Project
(PROJECT NO. UH14014)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 1
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this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

MARCI A. ARREDONDO

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

CITY ATTORNEY

EXHIBIT 1
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Exhibit A
Key Personnel and Subcontractor
List of Key Personnel
F&H Construction
Stephen Seibly, Project Executive
Daniel Hoff, Design Project Manager
Nick Shofield, Construction Project Manager
Dannie Debruin, Project Engineer
Danielle Combs, Design Project Engineer
Joe George, Cost Estimator
Mike Marshall. Superintendent
NJA Architecture
Nick Seward, NJA Architecture
Jac Beury, Principal Architect
Project Manager, Victor Raya
Subcontractors
Siegfried Engineering
Civil/Survey
Geotechnical
Structural
Landscape
ECORP Environmental
CEQA
Capital Engineering
Fire Sprinkler
Mechanical/Plumbing
Commissioning
Engineering Enterprise
Solar
Electrical
In Balance Green
LEED
Gordon Huerther
Art
Durst Office Furniture
Furniture
Subcontractors
Structural
Civil/Paving
EXHIBIT 1
414
Fencing/Landscape
Finishes
Waterproofing/Roofing
Electrical
Mechanical
EXHIBIT 1
415
Exhibit B
Phase 1 Scope of Services
• Development of architectural renderings showing the conceptual colors, features, materials, etc. • Evaluation of alternative layouts, concept drawings, equipment, and other elements as necessary that affect construction and life cycle costs, Contract performance, and City goals for the project • Defining the risk elements and assigning those risks as appropriate • Significant degree of detailed design of the Facilities, including technology, equipment and materials selections • Preparation of a BODR and sufficient site plans, specifications, and other supporting documents to facilitate preparation of a Phase 2 Proposal • Advising the City and facilitating City participation in all material decision-making about the Facilities as such decision-making may affect the project scope and timeline, including City participation in select meetings and communications • Consideration of local community impacts as regards site design, environmental nuisances (e.g. noise, odors, traffic), landscaping and lighting systems • Preparation of CEQA documentation • Preparation of a Phase 2 proposal based on “open book” pricing of equipment, materials, and construction through an open solicitation of bids and negotiation of a Contract amendment for Phase 2 • In the event of the City taking the off-ramp (Section 3.10), the preparation of unified sets of plans and specifications for use by the City to solicit competitive bids for construction of the Facilities if Design-Builder’s performance is unsatisfactory, Contract amendment negotiations for Phase 2 are unsuccessful, or the DesignBuilder otherwise fails to perform under the terms of the Contract. It is anticipated in this event that Design-Builder shall assume responsibilities as the Engineer of Record and provide engineering services during construction by others EXHIBIT 1
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F&H Construction / NJA
Table 4-1. Fee Proposal Components
Delta Water Treatment Plant - Campus Improvement Project Project No. UH14014 - City of Stockton Municipal Utilities Department Component Description Form
Amount /
Percentage
A
B Phase 1 compensable delay daily rate $/day $ 100.00/Day C First phase 1 off-ramp fee Lump sum dollar amount 1,885,000 $ D Second Phase 1 off-ramp fee Lump sum dollar amount 400,000 $ E Phase 2 engineering fee Percentage of construction cost 5.00% F Phase 2 Construction management fee Percentage of construction cost 1.25% C / (A + C) shall equal or exceed 25 percent
EXHIBIT 1
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F&H CONSTRUCTION / NJA
TABLE 4-1. FEE PROPOSAL COMPONENT
COMPONANT "A" - PHASE 1 - ENGINEERING FEE BREAKDOWN
Delta Water Treatment Plant - Campus Improvement Project Project No. UH14014 - City of Stockton Municipal Utilities Department TASK #1 - Project Management Hours Fee
Design Team
Architecture NJA Architecture 360 72,000.00 Geotechnical Siegfried 16 3,000.00 Civil Siegfried 16 3,000.00
Landscaping Siegfried 8 1,000.00
Structural Siegfried 8 1,000.00
Mechanical / Plumbing Capital Engineering 8 1,750.00
Commissioning Capital Engineering 2 500.00
Fire Protection Capital Engineering 2 460.00
Environmental Ecorp 75 13,305.00 LEED Certification Services In Balance Green Consulting 30 5,500.00 Contractor (DBE)
Preconstruction Management F&H Construction 600 88,800.00 Subtotal of Costs - Task #1 - Project Management 190,315.00 $ Liability Insurance (0.900%) F&H Construction 1,712.84
Fee (6.00%) F&H Construction 11,521.67
Subtotal - Task #1 - Project Management 203,549.51
TASK #2 - Basis of Design Report
Design Team
Architectural NJA Architecture 600 120,000.00 Geotechnical Siegfried 10 2,000.00 Civil Siegfried 375 65,000.00 Landscaping Siegfried 100 20,000.00 Structural Siegfried 200 40,000.00
Mechanical / Plumbing Capital Engineering 8 1,800.00
Commissioning Capital Engineering 4 880.00
Fire Protection Capital Engineering 4 750.00
Electrical & Solar Engineering Enterprise 82 19,100.00 LEED Certification Services In Balance Green Consulting 55 8,300.00 Furniture Dan Durst 10 1,500.00
Art Gordon Huether Studio 24 4,080.00
Contractor (DBE)
Preconstruction Management F&H Construction 80 11,840.00 Subtotal of Costs - Task #2 - Basis of Design Report 295,250.00 Liability Insurance (0.900%) F&H Construction 2,657.25 Fee (6.00%) F&H Construction 17,874.44
Subtotal - Task #2 - Basis of Design Report 315,781.69 TASK #3 - Topographic Surveying/Subsurface Investigation Design Team
Architectural NJA Architecture 120 24,000.00 Geotechnical Siegfried 400 80,000.00 Civil Siegfried 150 31,000.00
Landscaping Siegfried 8 1,500.00
Structural Siegfried 8 1,500.00
Contractor (DBE)
Preconstruction Management F&H Construction 48 7,104.00 Subtotal of Costs - Task #3 - Topographic Surveying/Subsurface Investigation 145,104.00 Liability Insurance (0.900%) F&H Construction 1,305.94 Fee (6.00%) F&H Construction 8,784.60
Subtotal - Task #3 - Topographic Surveying/Subsurface Investigation 155,194.53 TASK #4 - Permitting & Related Services Design Team
Architectural NJA Architecture 240 48,000.00 Civil Siegfried 24 5,000.00 LEED Certification Services In Balance Green Consulting 90 13,500.00 EXHIBIT 1
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Contractor (DBE)
Preconstruction Management F&H Construction 96 14,208.00 Subtotal of Costs - Task #4 - Permitting & Related Services 80,708.00 Liability Insurance (0.900%) F&H Construction 726.37 Fee (6.00%) F&H Construction 4,886.06
Subtotal - TASK #4 - Permitting & Related Services 86,320.43 TASK #5 - Phase 1 Design Packages
Design Team
Architectural NJA Architecture 1,296 259,200.00 Geotechnical Siegfried 12 2,000.00 Civil Siegfried 250 50,000.00 Landscaping Siegfried 100 20,000.00 Structural Siegfried 200 40,000.00
Mechanical / Plumbing Capital Engineering 170 30,910.00 Commissioning Capital Engineering 8 1,760.00
Fire Protection Capital Engineering 22 3,480.00
Electrical & Solar Engineering Enterprise 138 32,890.00 LEED Certification Services In Balance Green Consulting 30 5,500.00 Furniture Dan Durst 40 6,000.00
Art Gordon Huether Studio 152 25,840.00 Contractor (DBE) Preconstruction Management F&H Construction 120 17,760.00 Subtotal of Costs - Task #5 - Phase 1 Design Packages 495,340.00 Liability Insurance (0.900%) F&H Construction 4,458.06 Fee (6.00%) F&H Construction 29,987.88
Subtotal - TASK #5 - Phase 1 Design Packages 529,785.94 TOTAL OF COMPONANT "A" - PHASE 1 - ENGINEERING FEE 1,290,632.10 $ EXHIBIT 1
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F&H CONSTRUCTION / NJA

BILLING & HOURLY RATES

DELTA WATER TREATMENT PLANT - CAMPUS IMPROVEMENT PROJECT PROJECT NO. UH14014 - CITY OF STOCKTON MUNICIPAL UTILITIES DEPARTMENT NJA ARCHITECTS F&H Construction
Principal $250/hour Executive / Principal $250/hour
Senior Project Manager $195/hour Design Project Manager $150/hour Senior Project Architect $195/hour Preconstruction Administrator $120/hour Project Manager $175/hour Senior Estimator $130/hour
Project Architect $175/hour Project Manager $150/hour
Project Designer $155/hour Project Superintendent $150/hour Architectural Staff Level 2 $110/hour Project Engineer $110/hour Architectural Staff Level 1 $90/hour Administrative Staff $90/hour Admin $80/hour
The Engineering Enterprise
Siegfried Engineering Principal $300/hour
Managing Principal $288/hour Associate $260/hour
Principal $258/hour Senior Engineer $250/hour
Design Principal $247/hour Senior Lighting Designer $240/hour Senior Associate $228/hour Project Manager $240/hour
Associate $202/hour Project Engineer $230/hour
Project Engineer $192/hour Designer $220/hour
Engineer II $176/hour BIM Technician $190/hour
Engineer I $157/hour Intern $150/hour
Associate Engineer Technician $200/hour Administrative Staff $145/hour Lab Technician $162/hour
Project Landscape Architect $190/hour In Balance Green Consulting Landscape Architect II $163/hour Principal LEED AP: $185/hour Landscape Architect I $136/hour Principal Energy Analyst: $185/hour Project Land Surveyor $192/hour LEED PM/Analyst $155/hour Surveyor II $174/hour Tech $120/hour
Surveyor I $152/hour
Survey Crew, 2 Person $310/hour ECORP Consulting
Survey Crew, 1 Person $205/hour Principal V $420/hour
Survey Party Chief $234/hour Principal IV $350/hour
Instrumentman $199/hour Principal III $300/hour
Chainmen/Rodman $168/hour Principal II $255/hour
Senior Project Coordinator $178/hour Principal I $240/hour BIM Manager $172/hour Professional XI $255/hour
Senior Technician $152/hour Professional X $235/hour
Technician III $136/hour Professional IX $215/hour
Technician II $115/hour Professional VIII $200/hour
Technician I $100/hour Professional VII $185/hour
Clerical $89/hour Professional VI $175/hour
Professional V $165/hour
Capital Engineering Professional IV $150/hour
Sr. Principal $275/hour Professional III $140/hour
Principal $250/hour Professional II $130/hour
Director $240/hour Professional I $120/hour
Sr. Project Manager $230/hour Technician IV $115/hour
Project Manager $220/hour Technician III $110/hour
Field Services $214/hour Technician II $100/hour
Senior Engineer $195/hour Technician I $90/hour
Engineer $178/hour Project Admin III $130/hour
Senior Designer $165/hour Project Admin II $110/hour
Designer $153/hour Project Admin I $100/hour
Technician / CADD $141/hour
Intern $130/hour
Project Administrator $120/hour
Sr. Admin $83/hour
Clerical / Admin. $67/hour
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Exhibit D
Phase 2 ESDC Scope of Services
Phase 2 services generally shall consist of the completion of design services, the procurement of all materials and equipment, construction, testing, training, commissioning, and provision of warranty services, as will be further described in the Phase 2 Contract Amendment.

Phase 2 services are not in the current Scope of Services but are summarized in this subsection to assist Respondents in understanding the Phase 2 scope of work that is contingent on satisfactory performance of Phase 1 services and successful negotiation of a Contract amendment for Phase 2. The following activities are encompassed by Phase 2: • Completion of final design packages as necessary for physical construction of the Facilities • Completion of permitting services • Procurement of equipment and materials separately from construction contracts as necessary to achieve project delivery schedule • Compliance with all permitting terms and conditions • Compliance with all environmental mitigation requirements, as required • Site safety and security during construction including coordination of site visits • Provision of an operations and maintenance (O&M) manual, as-built drawings, and other project documentation in searchable Adobe Acrobat format; as-built drawings in AutoCAD file format • Training of City staff • Completion of the project within the GMP or Lump Sum Price and contract time and in accordance with all Contract requirements
Design-Builder shall use the preliminary permitting information from Phase 1 and supplemental documentation to prepare complete applications for all necessary permits for construction and Facilities occupancy and shall track the permitting applications and proactively work with the permitting agencies to facilitate approval, respond to agency questions, and provide supplemental information as requested by the permitting entities.

The City and its agents will conduct regular inspections throughout construction to ensure that the work is completed in accordance with the approved Phase 1 work products, final design packages, and Contract amendment for Phase 2.

City recognizes construction to the point of final completion and acceptance is not necessary for Final Completion. For example, non-operating components such as landscaping are not critical to Substantial Completion. Therefore, continued construction to the point of final completion is acceptable if such construction does not affect the City’s ability to occupy and use the Facilities to conduct their operations.

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F&H Construction / NJA
Table 4-1. Fee Proposal Components
Delta Water Treatment Plant - Campus Improvement Project Project No. UH14014 - City of Stockton Municipal Utilities Department Component Description Form
Amount /
Percentage
A Phase 1 engineering fee Lump sum dollar amount 1,290,632 $ B Phase 1 compensable delay daily rate $/day $ 100.00/Day C First phase 1 off-ramp fee Lump sum dollar amount 1,885,000 $ D Second Phase 1 off-ramp fee Lump sum dollar amount 400,000 $ E
F Phase 2 Construction management fee Percentage of construction cost 1.25% C / (A + C) shall equal or exceed 25 percent
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Exhibit F
Phase 2 CM Scope of Services
To be defined in Phase 1 – Insert Contract Amendment

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F&H Construction / NJA
Table 4-1. Fee Proposal Components
Delta Water Treatment Plant - Campus Improvement Project Project No. UH14014 - City of Stockton Municipal Utilities Department Component Description Form
Amount /
Percentage
A Phase 1 engineering fee Lump sum dollar amount 1,290,632 $ B Phase 1 compensable delay daily rate $/day $ 100.00/Day C First phase 1 off-ramp fee Lump sum dollar amount 1,885,000 $ D Second Phase 1 off-ramp fee Lump sum dollar amount 400,000 $ E Phase 2 engineering fee Percentage of construction cost 5.00% F
C / (A + C) shall equal or exceed 25 percent
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Exhibit H
Off Ramp ESDC Scope of Work
The Design-Builder will assume responsibilities as the Engineer of Record (Engineer) and provide traditional engineering services. Furthermore, the Engineer will provide project management services as described in Section 3.3 of the RFP and permitting services as described in Section 3.6 of the RFP.

Project Management
Engineer shall provide Project Management services as described in Section 3.3 of the RFP although under different circumstances.

Final Design
Using the BDRs and other Phase 1 work products for the Facilities, the Engineer shall prepare traditional bidding and contract documents with one set of plans and specifications for the Facilities. Engineer shall submit plans and specifications for City review at the 90 percent point of design completion, and after City review and comments, prepare and submit the bidding (i.e. 100 percent design) documents.

Engineer shall prepare drawings in accordance with City standards and using the latest edition of AutoCAD after providing templates that demonstrate compliance with the City standards.

The 90 percent drawing submittal will include 90 percent complete plans, sections and elevations and all applicable details.

The 90 percent specification submittal will include a list of all bidding documents and specification sections expected in the final submittal, a draft version of the bidding documents, and at least 90 percent of the administrative and technical specification sections.

Technical specifications provided in this submittal will include equipment numbers and preliminary performance requirements for equipment.

In addition, a list of anticipated sole-source and pre-purchase equipment and sample specifications or catalog cuts of any unusual equipment will be provided in the submittal.

Project specifications shall be prepared in accordance with City standard format. City will provide specification sections covering Construction Specification Institute (CSI) Division 0 and Division 1 for incorporation by the Engineer. Engineer shall prepare all other specification sections using Microsoft Word.

Following the submittal review, the City will provide consolidated comments as drawing markups and itemized written comments. Engineer will respond to each comment and submit the responses to the City. Exceptions to comments will require City approval prior to Engineer preparation of the 100 percent submittal.

The 90 percent submittal will consist of plans and specifications conforming to applicable industry codes and standards. Designers, reviewers, and the Engineer’s project manager will place signatures in the drawing title blocks and on the cover sheet of the specifications indicating that a thorough QA/QC has been performed and that every aspect of the design is 90 percent complete. If the City determines that this submittal is not 90 percent complete, the submittal will be rejected without further review, and the Engineer will be required to resolve outstanding items and resubmit the 90 percent submittal.

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The 90 percent review submittal will address City comments on the Phase 2 submittal as well as changes resulting from subsequent technical meetings, correspondence, and design changes as required by regulatory and permitting agencies. It is intended as the last submittal requiring City review and comment.

Following the 90 percent submittal review, the City will provide consolidated comments as drawing markups and itemized written comments. Engineer will respond to each comment and submit the responses to the City. Exceptions to comments will require City approval prior to Engineer preparation of the bidding (i.e. 100 percent design) documents.

Engineer then shall prepare bidding documents (i.e. final plans and specifications) addressing City review comments from the 90 percent submittal and ready for printing and distribution to potential bidders. Engineer shall submit three paper copies for City verification of incorporation of comments and final acceptance. The City will finalize the bidding schedule and provide required bidding information to Engineer for incorporation into the bidding documents and specifications.

Final documents will be stamped by a professional engineer(s) licensed in the State of California, for bidding purposes and to secure required permits. The bidding document submittal will include one original full-size set of stamped and signed final design drawings, three half-size paper copies of stamped and signed final design drawings, one loose bound set and three bound sets of specifications, three electronic Adobe files (i.e. PDF) of drawings and specifications, and three bound sets of final stamped and signed calculations for structures and other project components. Calculations shall clearly indicate the basis of design, references to applicable codes and manuals, and design assumptions. Calculations shall be compiled and organized in binders with table of contents, page titles, references, and related project elements.

Construction Cost Estimates
Engineer shall prepare and submit a final engineer’s opinion of probable construction cost with the bidding documents. The cost estimate format shall identify and quantify all equipment, materials and labor.

Construction Schedule
Engineer shall prepare an estimated CPM schedule for the Facilities construction, incorporating weather-related delays and any seasonal restrictions imposed by regulatory agencies, and submit schedule to City with 90 percent design submittal.

Project Database
Engineer shall prepare a project database in Microsoft Access format including all structures, electrical and mechanical equipment, and instrumentation with each component assigned a unique identifier compatible with City-approved numbering systems. As minimum, each record in the project database shall have the following fields, as appropriate:

Unique identifier (e.g. equipment number)
Equipment/structure/device type
Specification section
Drawing number
Manufacturer
Model number
Facility location
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The 90 percent submittal will include a preliminary version of the project database. The preliminary project database will contain records for all major equipment and structures.

Design-related fields shall be included in the project database with preliminary values. The 100 percent submittal shall include the completed project database in electronic format.

Additional fields shall be included as determined during other project tasks. The project database shall be structured for use by the General Contractor(s) and construction manager(s) during construction to track submittals, requests for information (RFIs), change orders and testing. Additionally, the project database shall facilitate O&M of the Facilities by being compatible with the O&M manuals.

Training Plan
Engineer shall consult with City to determine training requirements and develop training plan that adequately prepares designated staff to operate and maintain the Facilities. The training plan is intended for two purposes: 1) to guide the specifying of General Contractor and equipment manufacturer training requirements and 2) to guide the City and Construction Manager in preparing for training classes in coordination with Facilities start-up.

The training plan will encompass the O&M manuals and procedures. The training plan will identify training needs for the Facilities components and systems, training methods (classroom, field and hands-on), and a Microsoft Project schedule in coordination with the Facilities construction and start-up schedule. The training plan also will identify the responsible party(ies) and the supporting party(ies) for each element of the training program.

The plan will include an estimated level of effort for the City, Construction Manager, General Contractor, Engineer, and equipment manufacturer representative(s).

Submit the first draft of the training plan to the City with the bidding documents and finalize the training plan during construction of the Facilities.

Start-up and Testing Plan
In taking the Phase 1 Off-Ramp, the City will forgo the Initial and Final Acceptance Testing requirements of the Contract, yet the Facilities testing requirements are an essential element of the General Contract specifications.

Engineer shall consult with City to develop the start-up and testing plan to prepare the City, construction manager, and General Contractor for start-up and testing of the Facilities.

The start-up and testing plan will also serve as a basis for the applicable specification sections, which also will require the General Contractor to submit a Notice to Initiate and Notice of Completion for each testing phase. Therefore, it is important to formulate the startup and testing plan with requisite activities performed in a logical progression, from the component and sub element level to the integrated system start-up and testing of the Facilities. The plan shall indicate the required duration and sequence of start-up and testing activities, relative to the preparation of O&M manuals, completion of various elements of the training plan, and other activities that are related to the start-up and testing of the Facilities.

The plan will include the requirement for a 30-day continuous operations test performed on the total integrated system.

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Bidding Assistance
While the City will administer the advertisement of the Facilities bidding documents, the Engineer will conduct a pre-bid conference and job walk, respond to bidder inquiries, prepare required addenda, and provide any other required bidding support to the City.

Following award of the General Contract for construction, Engineer shall prepare and submit conformed plans and specifications, incorporating all addenda, in the same format as the bidding documents.

Phase 2 Off-Ramp Services
Engineering Services during Construction
Engineer shall provide the following engineering services during construction in coordination with the City-designated Construction Manager:

Reviewing General Contractor submittals, including shop drawings and O&M manuals, for conformance with the contract documents
Answering questions, providing written interpretations of the requirements of the contract documents, and evaluating the acceptability of substitute materials and equipment
Preparing additional details, working drawings and specifications as necessary Reviewing potential change orders and advising City as regards validity and value Periodically visiting the construction site to assist in checking work quality and resolving field issues
Participating in substantial completion inspection and punch-list preparation Assisting with Facilities start-up and testing in accordance with the start-up and testing plan and addressing operational and performance issues identified during start-up Training assistance in accordance with the training plan Preparing record drawings with construction-phase documentation provided by others Engineer also is expected to participate in City Council presentations as requested by City and to support the City’s environmental consultant during the construction phase.

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F&H Construction / NJA
Table 4-1. Fee Proposal Components
Delta Water Treatment Plant - Campus Improvement Project Project No. UH14014 - City of Stockton Municipal Utilities Department Component Description Form
Amount /
Percentage
A Phase 1 engineering fee Lump sum dollar amount 1,290,632 $ B Phase 1 compensable delay daily rate $/day $ 100.00/Day C D Second Phase 1 off-ramp fee Lump sum dollar amount 400,000 $ E Phase 2 engineering fee Percentage of construction cost 5.00% F Phase 2 Construction management fee Percentage of construction cost 1.25% C / (A + C) shall equal or exceed 25 percent
EXHIBIT 1
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F&H Construction / NJA
Table 4-1. Fee Proposal Components
Delta Water Treatment Plant - Campus Improvement Project Project No. UH14014 - City of Stockton Municipal Utilities Department Component Description Form
Amount /
Percentage
A Phase 1 engineering fee Lump sum dollar amount 1,290,632 $ B Phase 1 compensable delay daily rate $/day $ 100.00/Day C D E Phase 2 engineering fee Percentage of construction cost 5.00% F Phase 2 Construction management fee Percentage of construction cost 1.25% C / (A + C) shall equal or exceed 25 percent
EXHIBIT 1
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431
432

LOCAL EMPLOYMENT ORDINANCE
This contract is subject to the requirements of the City of Stockton’s Local Employment Ordinance. By my signature below, I certify that I have read and understood the Local Employment Ordinance of the City of Stockton and agree to abide by its provisions. If selected to perform this contract, I specifically agree to report data on the actual number of Stockton residents employed and understand that data will be subject to verification by an independent auditor.

Signature of Bidder

Date Signed
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Addendum A

CITY OF STOCKTON COMMUNITY WORKFORCE AND TRAINING AGREEMENT

AGREEMENT TO BE BOUND
The undersigned, as a Contractor or Subcontractor, including construction material trucking company/entity, (CONTRACTOR) on the City of Stockton Project, (hereinafter PROJECT), for and in consideration of the award to it of a contract to perform work on said PROJECT, and in further consideration of the mutual promises made in this Community Workforce and Training Agreement (hereinafter AGREEMENT), a copy of which was received and is acknowledged, hereby:
(1) Accepts and agrees to be bound by the terms and conditions of the AGREEMENT for this Project, together with any and all amendments and supplements now existing or which are later made thereto:
(2) The CONTRACTOR agrees to be bound by the legally established local trust agreements designated in the applicable Schedule A as set forth in Article IV of this AGREEMENT.
(3) The CONTRACTOR authorizes the parties to such local trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the CONTRACTOR; (4) Certifies that it has no commitments or agreements which would preclude its full and complete compliance with the terms and conditions of said AGREEMENT. (5) Agrees to secure from any CONTRACTOR(S) (as defined in said AGREEMENT) which is or becomes a subcontractor (of any tier) to it, a duly executed Agreement to be Bound in form identical to this document.
(6) This Agreement to be Bound constitutes a subscription agreement to the extent of its terms. However, the undersigned agrees to execute a separate Subscription Agreement(s) or contributing employer agreement for Trust Funds when such Trust Fund(s) requires such document(s).

Date:______________________ __________________________________ Name of Contractor
__________________________________
(Name of Contractor Representative)
__________________________________
(Authorized Officer & Title)
__________________________________
CSLB # of Motor Carrier Permit
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SECTION 00700 - GENERAL CONDITIONS

1.0 GENERAL

1.1 Intent of Contract Documents
The intent of the Contract Documents is to include all necessary criteria to establish the scope and quality for completion of the Work by Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all. Performance by the Contractor shall be required to the extent consistent with, and reasonably inferable from, the Contract Documents.

Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner.

In the event the materials and/or equipment are to be furnished by the City, as designated in the General Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, and equipment to complete the Contract.

It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to the City.

1.2 Discrepancies and Omissions
Any discrepancies or omissions found in the Contract Documents shall be reported to the Construction Manager immediately. The Construction Manager will clarify discrepancies or omissions, in writing, within a reasonable time.

In the case of conflict or inconsistencies between terms of the Contract Documents, the following order of precedence shall apply:
a. The Contract and Exhibits, including change orders and permits; b. Supplementary Conditions and their Exhibits;
c. Instructions to Bidders;
d. General Conditions and their Exhibits;
e. The Project Specifications;
f. The Project Drawings;
g. City of Stockton Standard Specifications;
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h. City of Stockton Standard Drawings;
i. Where no order of precedence is stated, or if conflict or inconsistency cannot be resolved by a careful review of the Contract Documents, the more stringent of the requirements shown or specified shall be controlling.

Organization of the Specifications into various subdivisions and the arrangement of the Drawings shall not control Contractor in dividing the Work among subcontractors, in trades, or into design packages, or in establishing the extent of work to be performed by any trade.

Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood design professional and construction industry meanings; and non-technical words and abbreviations are used in accordance with their commonly understood meanings.

The Contract Documents may omit modifying words such as “all” and “any,” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word “including,” when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement.

Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust, or other legal entity, whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof.

1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents.

1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.

1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation EXHIBIT 1
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contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other and consent of Surety.

1.6 Assignment to City
Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree 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 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract and subcontracts.

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. Reference Paragraph 00100-23.

1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.

No action or failure to act by the City, the Design Consultant, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under, except as may be specifically agreed in writing.

2.0 ADMINISTRATION

2.1 Administration of the Contract
The City's Representative, the Construction Manager, and the Design Consultant will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Design Consultant and the Construction Manager as the representatives of the City during the construction, as set forth in the Contract Documents, will not be modified or extended without written consent of the City.

In case of the termination of the employment of the Design Consultant or the Construction Manager, the City shall appoint a Design Consultant or a Construction Manager whose status under the Contract Documents shall be that of the former Design Consultant or Construction Manager, respectively.

2.2 City's Representative

2.2.1 General - The City's Representative has the authority to act on behalf of the City to implement change orders, progress payments, contract performance decisions, acceptability of the Contractor's work, and early possession.

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2.2.2 Change Orders - The City's Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the Contractor or as recommended by the Construction Manager.

2.2.3 Progress Payments - The City's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor and recommended by the Construction Manager.

2.2.4 Contract Performance Decisions - Should the Contractor disagree with the Construction Manager's decision with respect to the contract performance, the Contractor may appeal to the City's Representative in accordance with the provisions herein.

2.2.5 Acceptability of Work - The City's Representative has the authority to make the final determination of the acceptability of the Work. The City's Representative also has the authority to accept or reject the Design Consultant's recommendations regarding retention of defective work as provided.

2.3 Construction Management

2.3.1 General - The Construction Manager is a representative of the City employed to act as advisor and consultant to the City in construction matters related to the Contract.

All instructions to the Contractor and all communications from the Contractor to the City or the Design Consultant shall be forwarded through the Construction Manager. The Construction Manager will have authority to act on behalf of the City only to the extent provided in the Contract Documents. The City has delegated its authority to the Construction Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work under the Contract. The Construction Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the Contractor's fulfillment of the Contract and the Contractor's entitlement to compensation. The Contractor shall look initially to the Construction Manager in matters relating to the Contract.

The Construction Manager's authority to act under Paragraph 00700-2.1, Administration of the Contract, and any decision made by it in good faith either to exercise or not to exercise such authority shall not give rise to any duty or responsibility of the City or Construction Manager to the Contractor, any subcontractor, any of their agents or employees, or any other person performing any of the Work.

2.3.2 Representative - The Construction Manager will be represented at the Site by a resident construction manager or resident engineer who will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the intent of the Contract Documents. The Construction Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.

In accordance with the provisions detailed elsewhere in these General Conditions, the Construction Manager will make decisions relative to all matters of interpretation or execution of the Contract Documents.

2.3.3 Inspection of Construction - The Construction Manager shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing in accordance with Paragraph 00700-5.3, Defective and Unauthorized Work.

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In addition to the resident construction manager or resident engineer, the Construction Manager may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the Specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work, materials or workmanship to conform to the Contract Documents. The inspector shall have the authority to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision.

2.3.4 Acceptability of the Work - The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.

2.3.5 Change Orders - The Construction Manager has the authority to initiate change orders; to reject change orders proposed by the Contractor or Design Consultant; to negotiate and recommend acceptance of change orders; or to order minor changes in the Work at no cost to the City.

2.3.6 Construction Schedule - The Construction Manager has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent significant revisions for conformance to the specified sequence of work and logic.

2.3.7 Progress Payments - The Construction Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.

2.3.8 Final Payment - The Construction Manager, with the assistance of the Design Consultant will conduct inspections to determine the dates of substantial completion of the Work and final completion of the Work, and will receive and forward to the City, for the City's review, written warranties, and related documents required by the Contract and assembled by the Contractor.

2.3.9 Early Possession - The Construction Manager has the authority to recommend early possession.

2.4 Design Consultant

2.4.1 General - The Design Consultant will have the authority to act on behalf of the City only to the extent provided in the Contract Documents.

2.4.2 Interpretations - The Design Consultant has the authority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Contract may make written request to the Construction Manager for interpretations necessary for the proper execution or progress of the Work. The Construction Manager shall refer such written requests to the Design Consultant, who will render such interpretations. Where the Contractor has requested an interpretation from the Construction Manager, or been notified by the Construction Manager that such interpretation has been requested by the City, any work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Construction Manager without additional expense to the City.

2.4.3 Acceptability of the Work - The Design Consultant has the authority to make a recommendation as to the acceptability of the Work. The Design Consultant has the authority to recommend acceptance regarding the retention of defective work.

2.4.4 Site Observations - The Design Consultant may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents.

However, the Design Consultant will not be required to make extensive or continuous on-site inspections to check the quality or quantity of the Work.

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2.4.5 Submittal - The Contractor shall submit, through the Construction Manager, all shop drawings, product data and samples for review.

The Design Consultant has the authority to review and take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents.

3.0 CITY

3.1 General
The City, acting through the City's Representative or the Construction Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.

3.2 Attention to Work
The City shall notify the Contractor in writing of the name of the individual designated as the City's Representative and the name of the individual designated by the Construction Manager to act as resident construction manager or resident engineer. The Construction Manager's designated representative normally will be at the Site of the Work. During the representative's absences, the Contractor may contact a previously designated representative of the Construction Manager.

3.3 Inspection
In addition to the resident construction manager or resident manager or resident engineer, the City may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. The inspector shall have the authority to reject material or, in any emergency, suspend the Work. The Contractor may appeal any such issue with which it disagrees to the Construction Manager for decision by the Construction Manager.

Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.

Construction Manager will have authority to disapprove or reject Work which Construction Manager believes to be defective, or that Construction Manager believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.

Construction Manager will also have authority to require special inspection or testing of the Work as provided in this Section, whether or not the Work is fabricated, installed, or completed.

Contractor shall give Construction Manager timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.

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If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Construction Manager the required certificates of inspection or approval.

Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for City’s and Construction Manager‘s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to the City and Construction Manager.

If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Construction Manager, it must, if requested by Construction Manager, be uncovered for observation.

Uncovering Work shall be at Contractor's expense unless Contractor has given Construction Manager timely notice of Contractor's intention to cover the same and Construction Manager has not acted with reasonable promptness in response to such notice.

If any Work is covered contrary to the written request of Construction Manager, it must, if requested by Construction Manager, be uncovered for Construction Manager’s observation and replaced at Contractor's expense without adjustment of Contract Time or Contract Price.

If Construction Manager considers it necessary or advisable that covered Work be observed by Construction Manager or inspected or tested by others, Contractor, at Construction Manager’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Construction Manager may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, 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) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and the City shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, the City may make a Claim therefore as provided in these documents. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefore as provided in these documents.

3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies.

The City also reserves the right to perform any portion of the Work due to an emergency threatening the safety of the Work, public, City, and any property or equipment.

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The Contractor is forewarned that in exercising the rights and remedies under this paragraph, the City shall proceed expeditiously. In connection with such corrective and remedial action, the 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 the City, City's representatives, agents and employees, City's other contractors, and Construction Manager and Construction Manager's Consultants access to the Site to enable City to exercise the rights and remedies under this paragraph.

All Claims, costs, losses, and damages incurred or sustained by the City in exercising the rights and remedies under this paragraph 3.4 will be charged against CONTRACTOR, and 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. If the parties are unable to agree as to the amount of the adjustment, City may make a claim therefor as provided in paragraph 7.5.2. 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 CONTRACTOR's defective Work.

CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by City of City's rights and remedies under this paragraph 3.4.

3.5 City's Right to Use or Occupy
The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the City. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City's rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.

Prior to such occupancy or use, the City and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, the City shall not make any use which will materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.

The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Substantial Completion, are noted in Paragraph 01010-7.0, Occupancy Requirements. Failure to include a part of the Work in the above Section, shall not limit the City's right to use or occupy parts of the Work not listed.

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3.6 City's Right to Perform Work and to Award Separate Contracts The City reserves the right to perform the work related to the Project with the City's own forces, and to award separate contracts in connection with the Project or other work on the Site under these or similar General Conditions. If the Contractor claims that delay, damage, or additional cost is involved because of such action by the City, the Contractor shall make such claim as provided elsewhere in the Contract Documents.

When separate contracts are awarded for different portions of the Project or other work on the Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.

The City will provide for the coordination of the work of the City's own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 00700-4.8.3, Cooperation.

4.0 CONTRACTOR

4.1 Office
The Contractor's office at the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication.

4.2 Contractor's Representative
The Contractor shall notify the City in writing of the names of the persons who will act as the Contractor's representative and his or her designated alternate, and who shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor’s representative shall be an employee of the Contractor. Upon written request of the Contractor, this employment requirement may be waived by the City. The City's waiver, if granted, will be in writing. There is no obligation by the City to waive this provision regardless of the effect on the Contractor's operations. Such waiver may be rescinded by City upon reasonable written notice thereof.

At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor’s representative nor a designated alternate is at the Project site, the City acting through the Construction Manager shall have the authority as provided in Paragraph 00700-6.6, Temporary Suspension of Work, to suspend the work until such a representative is at the Project site.

Before initial work is begun on the Contract, the Contractor shall file, with the Construction Manager, addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress.

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4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the City, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work.

4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees.

Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them.

The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Construction Manager or City's Representative to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Construction Manager or City's Representative, and such person shall not again be employed on the Project.

4.5 Subcontractors
The Contractor shall give their personal attention to the fulfillment of the contract and shall keep the work under his control.

Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the City, the Construction Manager, or the Design Consultant shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract.

The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract Code 4100 et. seq., shall be made only with the approval of the City.

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4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.

4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to ensure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to ensure the protection of persons and property at no extra cost to the City. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public.

4.8 City-Contractor Coordination

4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the Construction Manager or City to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 00700-4.2, Contractor's Representative, to the Contractor's office designated in Paragraph 00700-4.1, Office, or to the Contractor's address provided in the Bid Proposal.

4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City, the Construction Manager, or the Design Consultant to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The City, and Construction Manager, or the Design Consultant assume no responsibility therefore, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work.

4.8.3 Cooperation - The Contractor shall afford the City, the Construction Manager and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents.

If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Construction Manager any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the City's or separate contractor's work as fit and proper to receive the Work, except as to latent defects which subsequently become apparent in such work by others.

If requested by the Contractor, the City shall arrange meetings with other contractors performing work on behalf of the City to plan coordination of construction activities. The City shall keep the Contractor informed of the planned activities of other contractors.

Differences and conflicts arising between the Contractor and other contractors employed by the City or between the Contractor and the workers of the City with regard to their work, shall be submitted to the City for its decision in the matter. If such separate contractor sues the City on account of any delay or damage alleged to have been caused by the Contractor, the City shall notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's expense. If any judgment or award against the City arises from any such litigation whether EXHIBIT 1
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defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the City for all attorney's fees and court costs which the City has incurred or for which it is liable.

4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start up of any equipment or facility for this Contract. Permits shall be kept on-site. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the City and provide the permit in an appropriate frame or file holder when the City accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work.

Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the City shall be included in the Contractor's bid price.

The Contractor shall be responsible for satisfying all code requirements. Any code inspections will be coordinated by the Construction Manager. The Contractor shall comply with all construction conditions stipulated in the permits.

The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or false work) and demolition required by CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.

The Environmental Quality Act of 1970 (Public Resources Code, Sections 21000 to 21176 incl.) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.

In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses and other authorizations.

4.10 Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the City.

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4.11 Laws to be Observed
The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the City which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the City and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to any such law, ordinance, regulations, order or decree, the Contractor shall immediately report the same to the Construction Manager in writing.

4.11.1 Prevailing Wage - The Contractor shall comply with Labor Code Sections 1774 and 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to the City of Stockton, $25 for each calendar day or portion thereof, for each workman paid less than the prevailing rates as determined by the Director of Industrial Relations for such work or craft in which such workman is employed for any work done under the contract by him or by any subcontractor under him violation of the provisions of the Labor Code and, in particular, Labor Code Section 1770 and 1780, inclusive.

In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less that the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programs authorized by Section 3093 of said code and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workman concerned. These wage rates are set forth in the Division of Industrial Relations publication entitled "General Prevailing Wage Rates", which is part of the Contract.

Pursuant to the provisions of Section 1773.2 of the Labor Code (as amended) the general prevailing wage rates for each craft, classification or type of workman are on file at the Municipal Utilities Department, 2500 Navy Drive, Stockton, California. A copy of said wage rates shall be posted by the Contractor in a prominent place at the site of the work.

The City will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis of a claim against the City on the Contract.

4.11.2 Travel and Subsistence Payments - Attention is directed to the requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payment to each workman, needed to execute the work, in accordance with the requirements in said Section 1773.8.

4.11.3 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the EXHIBIT 1
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actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project.

The payroll records shall be certified and submitted to the City, and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.
b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.
c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code.

The Contractor is responsible for its and its subcontractors’ compliance with the provisions of Section 1776 of the Labor Code.

4.11.4 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1½) times the basic rate of pay as provided for in the Labor Code.

4.11.5 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor.

Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.

It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the City any and all evidence of compliance with this Code Section when requested by the City.

It is City policy to encourage the employment and training of apprentices on public works contracts as may be permitted under local apprenticeship standards.

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For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.

4.11.6 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00820-2.4, Workers' Compensation Insurance.

4.11.7 Labor Discrimination - Attention is directed to Section 1735 of the Labor Code, which reads as follows:

No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.

Attention is also directed to the requirement in Section 1431 of the Labor Code and Sections 300 and 317 through 323 of Title 8 of the California Administrative Code that the Contractor shall submit his Equal Employment Opportunity Program and certification fee to the Fair Employment Practice Commission, in the event that the bid price for the contract exceeds $200,000.

4.11.8 Vehicle Code - Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehicle Code will apply: The lighting requirements in Section 25803; the brake requirements in Division 12, Chapter 3; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or structures, except as otherwise provided in Section 7-1.02, "Weight Limitations," the weight limitation requirements contained in Division 15.

Attention is directed to the statement in said Section 591 that this Section shall not relieve him or any person from duty of exercising due care. The Contractor shall take all necessary precautions for safe operations of his equipment and the protection of the public from injury and damage from such equipment.

Any other requirements set forth in Division 11, 12, 13, 14 and 15 of the Vehicle Code which the Department, pursuant to the authority contained in Vehicle Code Section 591, will require compliance with, will be set forth in the special provisions.

4.11.9 Affirmative Action - Attention is directed to the requirements of the Stockton Municipal Code, Chapter 3, Part V, as amended with reference to the affirmative action requirements for Contractors on Public Works projects of the City of Stockton. Such requirements shall be followed. Guidelines and the necessary reporting requirements are contained in the publication entitled: "Affirmative Action Guidelines and Procedures For Respondents To A City of Stockton Request for Proposals" which is made a part of these specifications by this reference. Failure of the Contractor to conform to the provisions of the City of Stockton's Affirmative Action Program will result in a bid being subject to an amount of $500.00 per calendar day during which the Contractor is found to have been in noncompliance, as damages for said breach of contract, or both.

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4.12 Safety

4.12.1 Contractor's Safety Responsibility - The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed.

No provision of the Contract Documents shall act to make the City, the Construction Manager or any other party than the Contractor responsible for safety. The Construction Manager shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the City, Construction Manager, or other authorized representatives of the City, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor's failure to meet all safety requirements and/or provide a safe work site.

If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.

If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim.

4.12.2 Safety Program - The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7. Before beginning the Work the Contractor shall prepare and submit to the Construction Manager a Contractor Safety Program that provides for the implementation of all of the Contractor's safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum, this written Safety Program shall address the elements required by Labor Code Section 6401.7. The Contractor shall obtain a copy of the City's Municipal Utilities Department's Injury and Illness Prevention Program and the Safety Manual and incorporate appropriate safety procedures into their Safety Program. The Contractor shall also comply with the Department's "Contractor’s Safety Rules" in Section 01500-10.

The program shall also address the following:
a. Compliance with Laws, Rules, and Regulations
b. Infractions of Safety Rules
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1. Reported to Contractor's designated Safety Supervisor

2. Time correction

3. Contractor to enforce safety requirements on its subcontractors

4. Non-complying employees to be removed from the Project c. Housekeeping

1. Continuous cleaning required

2. Final clean up required
d. Means of Implementing the Program

1. All new employees to receive training on the Contractor's Safety Program prior to starting work.

2. Periodic tool box meetings with agenda recorded.

3. Documented safety inspections by Safety Supervisor.

4. Establish emergency procedures and telephone numbers including the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other wellknown place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured.

5. Project bulletin board with required policies.

6. At least two employees on each shift should have First Aid training and maintain a current First Aid card issued by an agency such as the American Red Cross.

7. Completion of a job hazard analysis for specific construction activities.

8. Establish a hazard communication program for informing the Contractor's and subcontractor's personnel, Construction Manager, City, and other affected parties of specific hazards on the project.

9. Establish a confined space entry program in accordance with Cal OSHA requirements.
e. Define the duties and responsibilities of Contractor management personnel for safety.

1. Project Manager

2. General Superintendent

3. Foreman

4. Safety Supervisor
f. Accident Investigation
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1. Investigate all accidents and near misses.

2. Develop steps to prevent a reoccurrence.

3. Completion of all reporting paperwork.

The Contractor's compliance with requirements for safety and/or the Construction Manager's review of the Contractor's Safety Program shall not relieve or decrease the liability of the Contractor for safety. The Construction Manager's review of the Contractor's Safety Program is only to determine if the above listed elements are included in the program.

4.12.3 Safety Supervisor - The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Construction Manager in writing prior to the commencement of work of the name of the person who will act as the Contractor's safety supervisor and furnish the safety supervisor's resume to the Construction Manager.

The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor shall be a full-time employee of the Contractor whose responsibility shall include supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The City shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the City to ensure the Contractor perform its work safely.

4.12.4 Safety Coordination Meetings - The Contractor and its affected subcontractors shall attend safety coordination meetings with the Construction Manager and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities.

Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. The Construction Manager will participate in the safety coordination meetings but will not direct the Contractor on how to perform its safety operations.

4.12.5 Safety and Protection - The Contractor shall take all necessary protection to prevent damage, injury, and loss to:
a. All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby;
b. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

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The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the Contractor.

4.12.6 Excavation Safety - In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety Orders. The City's review of the Contractor's excavation plan is only for general conformance to the California Construction Safety Orders.

Prior to commencing any excavation, the Contractor shall designate in writing to the Construction Manager the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders.

4.12.7 Safety Emergencies - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Construction Manager, is obligated to act to prevent threatened damage, injury or loss.

The Contractor shall give the Construction Manager prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.

4.12.8 Safety Violations - Should the Contractor fail to correct an unsafe condition, the Construction Manager shall immediately notify the City of the Contractor's failure to correct the unsafe condition.

The City shall then notify the Contractor through the Construction Manager that the unsafe condition must be corrected or the work in question will be stopped in accordance with Paragraph 00700-6.6, Temporary Suspension of Work until the condition is corrected to the satisfaction of the City. No extension of time or additional compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Construction Manager and City shall not relieve the Contractor of its sole responsibility and liability for safety.

The City shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur.

4.12.9 Equipment Safety Provisions - The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including City-selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vaportight or explosion-proof electrical installation is required by safety codes, this shall be provided.

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requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph.

4.12.10 Hazard Communication Programs- Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

4.13 Review of Contract Documents and Field Conditions by Contractor; Single Point Responsibility of Contractor - In addition to the examination and reviews performed, and obligations assumed, incidental to making the representations set forth in the Contract, Contractor shall carefully study and compare each of the Contract Documents with the others and with information furnished by City, and shall promptly report in writing to City’s Representative any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable code requirements observed by Contractor. Contractor shall determine the most desirable method of achieving City’s requirements in terms of cost, technology, quality and speed of delivery.

Contractor is responsible for the construction of the Project and shall provide all services pursuant to this Contract in a manner consistent with the standard of care under California law applicable to those who specialize in providing such services for projects of the type, scope, and complexity of the Project (including its contracting mode). Contractor shall perform its construction services in accordance with the best practices applicable to Contractor’s field ordinarily used by member of construction industry in the location where the services are to be performed. Contractor shall take field measurements, verify field conditions, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time shall be promptly reported in writing to City’s Representative.

If Contractor performs any construction activity which it knows, or should know, involves an error, inconsistency, or omission in relation to the Contract Documents, without notifying and obtaining the written consent of City, Contractor shall be responsible for the resultant losses, including, without limitation, the costs of correcting Defective Work.

Contractor agrees that it has single point responsibility for the construction of this Project.

4.14 Supervision and Construction Procedures - Contractor shall supervise, coordinate, and direct the Work using Contractor’s best skill and attention. Contractor shall be solely responsible for, and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work, including, but without limitation, landscape and site work, utilities, and building systems.

Contractor shall be responsible to City for acts and omissions of Contractor’s agents, employees, and subcontractors, of all tiers, and their respective agents and employees.

Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by acts or omissions of City or City’s Representative in the administration of the Contract, or by tests, inspections, or approvals required, or performed, by persons or firms other than Contractor.

Contractor shall be responsible for inspection of all portions of the Work, including those portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent Work.

Contractor shall at all times participate in, and implement, the CEQA and NEPA mitigation processes and ensure performance as required in the Contract Documents.

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Contractor shall at all times maintain good discipline and order among its employees and subcontractors. Contractor shall provide competent, fully qualified personnel to perform the Work.

4.15 Labor And Materials - Unless otherwise provided in the Contract Documents, Contractor shall provide and pay for all services, other services, labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other things necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work.

5.0 CONTROL OF WORK AND MATERIALS

5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance.

Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the City, Design Consultant nor the Construction Manager will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the City or its authorized representatives shall not make the Contractor an agent of the City, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be lessened because of such general control.

Neither the inspection by the City, Design Consultant, or Construction Manager, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the City, Design Consultants, Construction Manager, or their agents shall operate as a waiver of any provision of the Contract.

Acceptance by the Construction Manager, City and/or Design Consultant of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of risks or liability by the Construction Manager, Design Consultant, or the City, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Construction Manager, City, and/or Design Consultant has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.

5.2 City-Furnished Materials
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materials shall be considered as included in the price bid for the Contract item involving such City-furnished material.

Contractor shall inspect and assure itself of the amount and soundness of such materials.

The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City-furnished material and such costs may be deducted from any monies due or to become due the Contractor.

5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract Documents shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the Site by the Contractor, at its expense, when so directed by the Construction Manager.

Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Construction Manager, or any extra work done without written authority, will be considered as unauthorized and will not be paid for.

Upon failure on the part of the Contractor to comply with any order of the Construction Manager made under the provisions of this paragraph, the Construction Manager shall have authority to require special inspection and testing to verify if work is defective. Confirmed defective work shall be remedied, or removed and replaced, and unauthorized work be removed. The costs thereof will be deducted from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 00700-3.4, City's Right to Carry Out the Work, shall apply for this paragraph also.

5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, Construction Manager, or Design Consultant before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the City, Construction Manager, or Design Consultant to condemn or reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials.

5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the City shall have the right and authority to retain such work but shall make such deductions in the final payment therefore as may be just and reasonable.

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6.0 PROGRESS OF THE WORK

6.1 Beginning of Work
The Contractor shall begin work within ten (10) days of the effective date of the Notice to Proceed and shall diligently prosecute the same to completion within the time limit.

Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractor at its own risk and as a volunteer.

6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 01010-3.0, Time Allowed for Completion. It is expressly understood and agreed by and between the Contractor and the City that the Contract time for completion of the work described herein is a reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work.

6.3 Delays

6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Construction Manager in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Construction Manager at the time of their occurrence.

6.3.2 Non-excusable Delays - Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.

6.3.3 Excusable Delays - Excusable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers.

6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, and freight embargoes, shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule.

6.3.3.2 Weather Delays - Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 00700-6.4.2.c, Weather Delays.

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6.3.3.3 Material Shortages - Upon the submission of satisfactory proof to the Construction Manager by the Contractor, shortages of material may be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Construction Manager, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials, or obtain acceptable substitute materials, from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Construction Manager that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantities. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work.

6.3.4 Compensable Delays - Compensable delays in the prosecution or completion of the Work shall include delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following cause(s):
a. Delays due solely to the actions and/or inactions of the City. b. Delays due to differing site conditions as defined in Paragraph 00700-7.3, Differing Site Conditions.
c. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the Work as defined above.

No delay shall be compensable unless the claimed event or occurrence delays completion of the work beyond the contractual completion date or the completion date shown in the accepted initial or updated schedules, and the delay affects a critical activity while such activity is on the critical path.

6.3.5 Concurrent Delays - Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Paragraphs 00700-6.3.2, Non-Excusable Delays, 00700-6.3.3, Excusable Delays, or 00700-

6.3.4, Compensable Delays. During such concurrent delay periods, time extensions will be granted in accordance with Paragraph 00700-6.4, Time Extensions; however, the Contractor shall not be compensated for its delay damages as defined in Paragraph 00700-6.4.3, or for any other damages, and the City shall not assess its actual costs as defined in Paragraph 00700-6.4.1, Nonexcusable Delays.

6.4 Time Extensions

6.4.1 Non-excusable Delays - The City may grant an extension of time for non-excusable delays if the City deems it is in its best interest. If the City grants an extension of time for non-excusable delays, the Contractor agrees to pay the City's actual costs, including charges for engineering, inspection and administration incurred during the extension.

6.4.2 Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraphs 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays, then the Contract completion date may be extended by the City for such time that, in the City's and Construction Manager's determination, the Contractor's completion date will be delayed, provided that the Contractor strictly fulfills the following:

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a. The Contractor shall provide notification, in accordance with Paragraph 00700-6.3.1, Notice of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 01310-4.0, Time Impact Analyses. b. If requested by the Construction Manager, the Contractor shall promptly provide sufficient information to the Construction Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work. c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Paragraph 00700-6.3.3.2, Weather Delays, over and above an allowance as provided for in Paragraph 01010-5.0, Weather Days. No time extensions for weather delays will be granted until the total number of weather days exceeds this allowance.

Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension.

During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to excusable or compensable delays will be granted only if such delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time.

Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the City liquidated damages in accordance with Paragraph 00700-6.5, Liquidated Damages.

6.4.3 Delay Damages

6.4.3.1 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 00700-6.3.4, Compensable Delays.

However, no reimbursement for indirect overhead or any other costs or damages shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 00700-6.3.5, Concurrent Delays. No reimbursement for indirect overhead as covered in this Section shall be made for any time extensions granted for Contract change orders as provided in Section 01035, Modification Procedures. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 00700-6.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.

Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the work following the depletion of the original contract period and any time extensions granted other than compensable time extensions. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay including not limited to extended field costs, extended home office overhead costs, impact, inefficiency, unabsorbed home office overhead, underabsorbed home office overhead, hindrance, disruption, or any other damage arising from delay, no matter how characterized, including delay claims of its subcontractors/suppliers of every tier.

6.4.3.1.1 Indirect Field Overhead - For those allowable delay periods as defined in Paragraph EXHIBIT 1
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00700-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on:

a. Invoices for all field office equipment.
b. Actual salary for field office staff.
c. Fair rental values acceptable to the Construction Manager as described in Paragraph 01035-

3.0, Force Account Payment for construction equipment idled due to the delay.

6.4.3.1.2 Indirect Home Office Overhead - For those allowable delay periods as defined in Paragraph 00700-

6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its daily home office overhead based on the following formula:

Contract Bid Price ($) X (0.04) = Daily Home Office Overhead ($/Day) Contract Period (Days)
As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the City and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors.

The Contractor agrees to indemnify, defend and hold the City harmless for any indirect overhead claims from its subcontractors.

6.5 Liquidated Damages
It is agreed by the parties to the Contract that time is of the essence in the completion of this Work, and that in case all the Work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these Contract Documents, as modified by extensions of time granted by the City, damage will be sustained by the City. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the City in the amount set forth in Paragraph 01010-4.0, Damages For Delays, per day for each and every day's delay beyond the time prescribed to complete the Work. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract.

6.6 Termination By City For Cause
Subject to prior notice from City and Contractor’s cure rights set forth in this Section, City will have the right to terminate the Contract for cause after the occurrence of any of the following events:
a. Contractor becomes insolvent or files for relief under the bankruptcy laws of the United States.
b. Contractor makes a general assignment for the benefit of its creditors or fails to pay its debts as the same become due.
c. A receiver is appointed to take charge of Contractor’s property. d. The Work is not completed with the applicable Contract Time, as such Contract Time may be adjusted in accordance with this Contract, and Contractor is not diligently prosecuting the completion or correction of the Work.

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e. Contractor persistently or repeatedly refuses or fails to supply skilled supervisory personnel, an adequate number of properly skilled workers, proper materials, or necessary equipment to prosecute the Work in accordance with the Contract Documents. f. Contractor fails to make prompt payment of amounts properly due subcontractors after receiving payment from City.
g. Contractor disregards Applicable Code Requirements.
h. Contractor persistently or materially fails to execute the Work in accordance with the Contract Documents.
i. Contractor persistently or materially fails to comply with applicable safety requirements. j. Contractor abandons the Work.
k. Contractor is in default of any other material obligation under the Contract Documents.

Upon the occurrence of any of the preceding events, City will have the right to terminate the Contract for cause if Contractor fails to promptly commence to cure such default and diligently prosecute such cure within 5 days after notice from City, or within such longer period of time as is reasonably necessary to complete such cure.

Upon any of the occurrences referred to above, City may, at its election and by notice to Contractor, terminate the Contract and take possession of the Project site and all materials, supplies, equipment, tools, and construction equipment and machinery thereon owned by Contractor; accept the assignment of any or all of the subcontracts; and then complete the Work by any method City may deem expedient. If requested by City, Contractor shall remove any part or all of Contractor’s materials, supplies, equipment, tools, and construction equipment and machinery from the Project site within 7 days of such request; and if Contractor fails to do so, City may remove or store, and after 90 days sell, any of the same at Contractor’s expense.

If the Contract is terminated by City as provided in this Section, Contractor shall not be entitled to receive any further payment until the expiration of 35 days after Final Completion and acceptance of all Work by City.

If the unpaid balance of the Contract Sum exceeds the cost of completing the Work, including all additional costs and expenses made necessary thereby, including costs for City staff time, plus all losses sustained, including any liquidated damages provided under the Contract Documents and subject to provisions of this Contract that survive termination, such excess shall be paid to Contractor. If such costs, expenses, losses, and liquidated damages exceed the unpaid balance of the Contract Sum, Contractor shall pay such excess to City.

No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.

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6.7 Suspension By City For Convenience
City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to 90 days, as City may determine, with such period of suspension to be computed from the date of delivery of the written order. Such order shall be specifically identified as a “Suspension Order” under this Section. The Work may be stopped for such further period as the parties may agree. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension Order during the period of Work stoppage. Within 90 days after the issuance of the Suspension Order, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the Suspension Order or delete the Work covered by such Suspension Order by issuing a Change Order.

If a Suspension Order is canceled or expires, Contractor shall continue with the Work. A Change Order will be issued to cover any adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. Any Claim by Contractor for an adjustment of the Contract Sum or the Contract Time shall be made within 21 days after the end of the Work suspension. Contractor agrees that submission of its claim within said 21 days is an express condition precedent to its right to recover on such a claim.

The provisions of this Section shall not apply if a Suspension Order is not issued by City. A Suspension Order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

6.8 Termination By City For Convenience
City may, at its option, terminate this Contract, in whole or from time to time in part, at any time by giving notice to Contractor. Upon such termination, Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of Contractor, City shall pay Contractor in accordance with this Section.

Upon receipt of notice of termination under this Section, Contractor shall, unless the notice directs otherwise, do the following:
a. Immediately discontinue the Work to the extent specified in the notice. b. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary for completion of such portion of the Work as is not discontinued.
c. Promptly cancel, on the most favorable terms reasonably possible, all orders and subcontracts to the extent they relate to the performance of the discontinued portion of the Work.
d. Thereafter do only such Work as may be necessary to preserve and protect Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.

Upon such termination, the obligations of the Contract shall continue as to portions of the Work already performed and, subject to Contractor’s obligations under this Section above, as to bona fide obligations assumed by Contractor prior to the date of termination.

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Upon such termination, City shall pay to Contractor the sum of the following:
a. The amount of the Contract Sum allocable to the portion of the Work properly performed by Contractor as of the date of termination, less sums previously paid to Contractor. b. Plus previously unpaid costs of any items delivered to the Project site which were fabricated for subsequent incorporation in the Work.
c. Plus any proven losses with respect to materials and equipment directly resulting from such termination.
d. Plus reasonable demobilization costs.
e. Plus reasonable costs of preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination. The above payment shall be the sole and exclusive remedy to which Contractor is entitled in the event of termination of the Contract by City pursuant to this Section; and Contractor will be entitled to no other compensation or damages and expressly waives same.

6.9 Temporary Suspension of Work

6.9.1 If the Contractor fails to correct defective work as required by Paragraph 00700-5.3, Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City's representative or signed personally by an agent specifically so empowered by the City, in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.

6.9.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the City may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract.

6.9.3 The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as directed by the City shall provide the provisions as stipulated in Paragraph 00700-6.6.2 above. Such additional work shall be compensated as provided for in Paragraph 00700-7.0, Changes in The Work.

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7.0 SCOPE OF WORK - CHANGES IN THE WORK

7.1 Changes
The City reserves the right to make such alterations, deviations, additions to, deletions or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Such changes, no matter how many, shall be within the contemplation of this Contract and shall not be the basis for a compensable delay or a claim for lost profits.

Any such changes will be set forth in a contract change order which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the authorized City official and/or the City Council.

For contracts approved by the City Council for initial prices under One Hundred Thousand Dollars ($100,000), cumulative change orders which exceed the charter limit $100,000 require City Council approval. For contracts with initial prices of One Hundred Thousand Dollars ($100,000) or more, cumulative change orders which exceed the charter limit $75,000 plus ten percent (10%) of the initial contract price over One Hundred Thousand Dollars ($100,000) require City Council approval.

Change orders not meeting the above criteria require approval by the authorized City official executing this Contract. The dollar amounts of change orders approved by specific City Council action, plus the dollar amounts of any change orders which predate such specific City Council action, shall not be counted in computing the authority limits set forth above for City officials to approve change orders hereunder.

In emergency situations, the authorized City official may issue a change order beyond the authority limits described above in order to:
a. Prevent interruption of the work which would result in a substantial increase in the costs to, or liability of, City; or
b. Protect the work, equipment, materials to be used in the work, human safety, or the environment at or near the work from substantial and immediate danger or injury; or c. Protect, where damage or injury has occurred, the work, equipment or materials to be used in the work, human safety, or the environment at or near the site of the work from further or additional damage or injury or deterioration.

The authorized City official shall have the authority to issue change orders in such sums as is reasonably necessary for such emergency purposes. After issuing a change order in an emergency situation described above, the authorized City official shall report such action and the reasons therefore to the City Council in writing not later than its next regularly scheduled meeting or as soon thereafter as is practicable.

Upon receipt of an approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineer will, as soon as practicable, issue an approved contract change order for such work and the EXHIBIT 1
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provisions in Paragraph 7.1.1, Procedure and Protest, shall be fully applicable to such subsequently issued contract change order.

When the compensation for an item of work is subject to adjustment under the provisions of Paragraph 00700-7.1, Changes, the Contractor shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

7.1.1 Procedure and Protest - A contract change order approved by the Engineer may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in an approved contract change order which he has not executed, he shall submit a written protest to the Engineer within 15 days after the receipt of such approved contract change order. The protest shall state the points of disagreement, and if possible, the contract specification references, quantities, and costs involved. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested approved contract change orders will be considered as executed contract change orders as that term is used in Paragraphs 00700-7.1.2 to 7.1.4, inclusive.

Where the protest concerning an approved contract change order relates to compensation, the compensation payable for all work specified or required by said contract change order to which such protest relates will be determined as provided in Paragraphs 00700-7.1.2 to 7.1.4, inclusive.

The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work.

Where the protest concerning an approved contract change order relates, to the adjustment of contract time for the completion of the work, the time to be allowed therefore will be determined as provided in Paragraph 00700-6.5, Liquidated Damages.

Proposed contract change orders may be presented to the Contractor for his consideration prior to approval by the Engineer. If the Contractor signifies his acceptance of the terms and conditions of such proposed contract change order by executing such documents and if such change order is approved by the City Manager or City Council and issued to the Contractor, payment in accordance with the provisions as to compensation therein set forth shall constitute full compensation for all work included therein or required thereby. A contract change order executed by the City Manager or City Council is an executed contract change order as that term is used in Paragraph 00700-7.1.2 to 7.1.4, inclusive. An approved contract change order shall supersede a proposed, but unapproved, contract change order covering the same work.

7.1.2 Eliminated Items - The City reserves the right to eliminate any contract item of work prior to the award of the contract without incurring any obligation to pay therefore. Should any contract item of the work be eliminated in its entirety following the award of the contract and in the absence of an executed contract change order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.

If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for.

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The actual costs or charges to be paid by the City to the Contractor as provided in this Paragraph 00700-7.1.2 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Paragraph 01035-3.0.

7.1.3 Changes in Character of Work - If an ordered change in the plans or specification materially changes the character of the work of a contract item from that on which the Contractor based his bid price, and if the change increases or decrease the actual unit cost of such changed item as compared to the actual or estimated actual cost of performing the work of said item in accordance with the plans and specification originally applicable thereto, an adjustment in compensation therefore will be made by executed contract change order specifying the compensation payable, in accordance with the following:

The basis of such adjustment in compensation will be the difference between the actual unit cost to perform the work of said item or portion thereof involved in the change as originally planned and the actual unit cost of performing the work of said item or portion thereof involved in the change, as changed. Actual unit costs will be determined by the Engineer in the same manner as if the work were to be paid for on a force account basis as provided in Paragraph 01035-3.0; or such adjustment will be as agreed to by the Contractor and the Engineer. Any such adjustment will apply only to the portion of the work of said item actually changed in character. At the option of the Engineer, the work of said item or portion of item which is changed in character will be paid for by force account as provided in Paragraph 01035-3.0.

Failure of the Engineer to recognize a change in character of the work shall not be construed as relieving the Contractor of his duty and responsibility of filing a written notice in accordance with Paragraph 00700-7.5.2.1, Notice.

7.1.4 Extra Work - New, unforeseen work will be classed as extra work when determined by the Engineer that such work is not covered by any of the various items for which there is a bid price or by combinations of such items. In the event portions of such work are determined by the Engineer to be covered by some of the various items for which there is a bid price or combinations of such items, the remaining portion of such work will be classed as extra work. Extra work also includes work specifically designated as extra work in the plans and specifications.

The Contractor shall do such extra work and furnish labor, material, and equipment therefore upon receipt of an approved contract change order or written emergency order of the Engineer, and in the absence of such approved contract change order or written emergency order of the Engineer he shall not be entitled to payment of such extra work.

7.2 Change Orders

7.2.1 Without invalidating the Contract and without notice to sureties or insurers, the City through the Construction Manager, may at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the Construction Manager concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the EXHIBIT 1
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work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time. A reservation of rights, non-waiver of claims, or similar exceptions or reservations by the Contractor on a Change Order for additional time, money, or anything else shall not be permitted and are of no force or effect. It is the intent of the City to have all Change Orders issued comprehensively to address all issues known and unknown relating to time and/or costs.

7.2.2 Extra work shall be that work not shown or detailed on the Contract Drawings and not specified.

Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Construction Manager shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the City through the Construction Manager, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered.

7.2.3 In case any change increases or decreases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Section 01035 - Modification Procedures.

7.2.4 If the Contractor refuses to accept a Change Order, the City may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The City shall provide for an equitable adjustment to the Contract, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 00700-7.5.2, Potential Claims/Change Orders.

7.2.5 Elimination Of Work - In accordance with Section 7.1.2 above, the City shall be allowed and authorized to eliminate portions of work from the Contract Work at its discretion, and in the best interests of the public, during the course of action of the Project, and not only prior to award of contract. Said elimination of work shall not be determined to be a Termination for Convenience even if said elimination brings the Contract Work to a close. Upon elimination of work under this provision, the payment provisions of 7.1.2 shall apply.

7.3 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Construction Manager in writing, of any:
a. 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.
b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost EXHIBIT 1
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of, or the time required for, performance of any part of the work the City shall cause to be issued a change order under the procedures provided in Paragraph 00700-7.2, Change Orders.

In the event that a dispute arises between the City and the Contractor 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. The 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 contracting parties, Paragraph 00700-7.5, Resolution of Disputes.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required.

7.4 Value Engineering Change Proposals (VECP)
Refer to Section 01090, References, for the definition of a Value Engineering Change Proposal.

7.4.1 Applicability - The provisions of this Section shall apply only to Value Engineering Change Proposals (VECPs) resulting in net cost savings of Twenty Thousand dollars ($20,000) or greater.

7.4.1.1 Future Changes - The Contractor is entitled to share in the net cost savings of the VECP to the full extent provided for in this Section and in the change order implementing the VECP. However, the net cost savings shall not continue to subsequent contract change orders nor other modifications of the contract which may change the service provided or increase the quantity of any item related to the VECP.

7.4.2 VECP Submittal - The Contractor must submit all VECPs to the Construction Manager after receipt of the Notice To Proceed and prior to surpassing forty percent (40%) of the contract time allowed in Section 01010-3.0, Time Allowed For Completion. The number of copies of the VECP submitted shall be in accordance with that designated for submittals in Section 01300, Submittals.

The Contractor shall include the following information for each VECP, in a form acceptable to the Construction Manager:
a. Description of the differences between the existing design and the proposed design. b. Description of the advantages and disadvantages of the existing design and the proposed design.
c. If the function of an item is altered, the justification for altering that function. d. The effect of the proposed modifications on the performance of the system or facility. e. Any test data regarding the proposed modification.
f. A listing and analysis of all design criteria and specifications that must be changed if the VECP is accepted.
g. A separate detailed estimate of the impact on the project costs, together with a copy of the Contractor’s approved schedule of values or costs.

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h. A description and estimate of costs the City may incur to implement the VECP, including, but not limited to, design changes, inspection, testing, and evaluation costs. i. A prediction of any effects the VECP may have on life-cycle costs. j. The effect of the VECP on design and construction schedules. k. All preliminary engineering data necessary to support approval of the VECP.

7.4.3 Acceptance of VECP by City - The City shall have sole discretion to determine whether or not to accept a VECP. The City’s decision shall be final.

A VECP will be rejected if it causes an increase to the contract amount.

Within thirty (30) days after receipt of a VECP by the Construction Manager, the Contractor shall be notified in writing that the VECP is acceptable, rejected or additional time is required for the Construction Manager’s response.

If determined acceptable, the Construction Manager will initiate a contract change order to implement the VECP. A VECP which is acceptable shall be incorporated into the project only through a contract change order.

7.4.4 Contractor’s Right to Withdraw VECP - The Contractor has the right to withdraw part or all of any VECP at any time prior to written acceptance by the City. Such withdrawal shall be made in writing.

Each VECP submitted by the Contractor shall remain valid for a period of thirty (30) days from the date received, unless extended by the Construction Manager. If the Contractor desires to withdraw the VECP prior to its acceptance or rejection, the Contractor shall be liable for the costs incurred by the City in reviewing the VECP.

7.4.5 Change Order Content For Accepted VECP - The contract change order for an accepted VECP shall offer to the Contractor fifty percent (50%) of the net cost savings, as determined by the Construction Manager. The change order shall detail the cost savings of each contract item that is part of the final accepted VECP. The net cost savings shall be accomplished through progress payments for the various items of work listed in the contract change order. The Contractor's costs for development, design and/or implementation of the VECP are not eligible for reimbursement.

The cost for review by the Construction Manager and all City design consultants will be added to the cost of the value engineering proposal prior to determining the reduction of cost.

7.4.6 Identical VECP - A VECP identical to a VECP submitted under any other contract, by the Contractor, or any other contractor, may also be submitted under this Contract, provided that the VECP originated with such contractor and not with the City, Design Consultant, or Construction Manager.

7.4.7 Restrictions - The Contractor may restrict the City’s right to use any VECP data by marking it with the following statement:

This data, furnished pursuant to the Value Engineering Change Proposal Section of this Contract, shall not be duplicated, used or disclosed, in whole or in part, for any purpose except to evaluate the VECP, unless the VECP is accepted by the City. This restriction does not limit the City’s right to use information contained in this data if it is or has been obtained, or is otherwise available from the Contractor or from other sources, without limitations. When this VECP is accepted by the City, the City shall have the right to duplicate, use and disclose any data in any manner and for any purpose whatsoever, and have others do so whether under this or any other contract.

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7.4.8 The City's acceptance, approval or use of the VECP shall not in any way reduce, limit or waive Contractor's responsibility under the Contract Documents, including, but not limited to, to perform all work and services, including that called for by or because of the VECP, in a competent and workmanlike manner, and pursuant to the standards required by the Contract Documents.

7.4.9. The VECP must not impair any of the essential functions and characteristics of the Project, such as service life, reliability, economy of operation, ease of maintenance, safety and necessary standardized features.

7.4.10 In the event that the contractor and the City cannot reach agreement as to the reduction in contract price associated with the VECP, the VECP will be declared null and void and the original contract conditions will apply. The contractor will bear sole responsibility for the costs of review of the VECP in this case.

7.5 Contract Interpretation

7.5.1 Contract Interpretation by the Construction Manager - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Manager. Where practical, the Construction Manager shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request.

At the City’s discretion, the City may deduct from monies due the Contractor, time and expense costs incurred by the City, Construction Manager, and Design Consultant for reviewing and responding to unnecessary RFIs. This may include RFIs submitted to inquire about means, methods, or potential modifications for the Contractor’s convenience.

7.5.2 Potential Claims/Change Orders

7.5.2.1 Notice – Inclusive of the provisions in paragraph 00700-7.7, Dispute Resolution, if the Contractor disagrees with the Construction Manager's decision in Paragraph 00700-7.5.1, Contract Interpretation by the Construction Manager, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due the Contractor for work or materials not covered in the Contract or which the Construction Manager has not recognized as extra work, the Contractor shall notify the Construction Manager, in writing, of its intention to make a claim or request a change order. Potential claims or change orders pertaining to decisions provided in Paragraph 00700-7.5.1 or such other determinations by the Construction Manager shall be filed in writing to the Construction Manager prior to Contractor performing the work giving rise to the potential claim or change order, if based on an act or failure to act by the City, or in all other cases, within five (5) days after the event or occurrence giving rise to the potential claim or change order.

Written notice shall use the words "Notice of Potential Claim/Change Order.” Such Notice of Potential Claim/Change Order shall state the circumstances and the reasons for the claim, but need not state the amount.

Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 00700-6.3, Delays, 6.4, Time Extensions, 7.7, Dispute Resolution, are complied with. No claim filed after the date of final payment will be considered.

It is agreed that unless notice as required by the Contract Documents is properly given, the Contractor shall have waived all rights to recover, and shall not recover, costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claims and change orders is of great importance to the EXHIBIT 1
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Construction Manager and City, and is not merely a formality. Such notice allows the City to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Construction Manager has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim.

7.5.2.2 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available each day, to the Construction Manager or his designated representative, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services used. Such information shall be submitted to the Construction Manager on a weekly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work.

It is the intent of this Section that these records be provided such that the Construction Manager and Contractor can determine and agree upon the Contractor's daily effort expended on the disputed work and determine accurate costs for the disputed work. Such determination shall not be construed as authorization for or acceptance of the disputed work.

7.5.2.3 Meetings - From time to time the Construction Manager may call a special meeting to discuss outstanding claims and potential change orders should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Construction Manager.

7.5.3 Claims - The term “Claim” means a written demand or assertion by Contractor seeking an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between City and Contractor arising out of or related to the Contract Documents or the performance of the Work. The term “Claim” shall not include, and the Claims procedures provided under this Section, including but not limited to arbitration, shall not apply to the following:
a. Claims respecting penalties for forfeitures prescribed by statute or regulation that a government agency is specifically authorized to administer, settle, or determine. b. Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. c. Claims respecting stop notices.

Inclusive of the provisions in paragraph 00700-7.7, Claim must include the following:
a. A statement that it is a Claim and a request for a decision. b. A detailed factual narrative of events fully describing the nature and circumstances giving rise to the Claim, including but not limited to, necessary dates, locations, and items of work affected.
c. A certification, executed by Contractor, that the claim is filed in good faith. The certification language is identified below. The language of the Claim Certification form may not be modified.
d. A certification, executed by each subcontractor claiming not less than 5% of the total monetary amount sought by the claim, that the subcontractor’s portion of the claim is filed EXHIBIT 1
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in good faith. The certification language is identified below. The language of the Claim Certification form may not be modified.
e. A statement demonstrating that a Change Order Request was timely submitted as required by Section 7 of the General Conditions and Section 01035. f. If a Cost Proposal or declaration was required by Section 7 of the General Conditions and Section 01035, a statement demonstrating that the Cost Proposal or the declaration was timely submitted as required by Section 7 of the General Conditions. g. A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:

If the Claim involves Extra Work, a detailed cost breakdown of the amounts claimed, including the items specified in Section 7 of the General Conditions and Section 01035. The cost breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.

To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including without limitation, payroll records, material and rental invoices and the like) demonstrating that costs claimed have actually been incurred. To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any periods costs are incurred. A cost record will be considered current if submitted within 7 days of the date the cost reflected in the record is incurred.

At the request of the Construction Manager or City’s Representative, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged Extra Work on a daily basis). The cost breakdown must include an itemization of costs for i) labor including names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; ii) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the work, and other pertinent information; and iii) itemization of machinery and equipment including make, model, serial number, hours of use, dates of use and equipment rental rates of any rented equipment.

If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension under Section 6 of the General Conditions and Section 01310, including the specific dates for which a time extension is sought and the specific reasons for entitlement of a time extension. The Contract Schedule must demonstrate Contractor’s entitlement to an adjustment of Contract Time under Section 6 of the General Conditions and Section 01310.

If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment under Section 6 of the General Conditions and Section 01310, including but not limited to, a detailed time impact analysis of the Contract Schedule. The Contract Schedule must demonstrate Contractor’s entitlement to such an adjustment under Section 6 of the General Conditions and Section 01310.

For each claim submitted or filed by Contractor, including, but not limited to, any claim on behalf of Contractor and/or any claim by or on behalf of any subcontractor or supplier, of any tier, Contractor shall include the following certification, signed in the same manner as the Contract was signed:

I, being the (must be an officer) of (general contractor or subcontractor), declare under penalty of perjury under the laws of the State of California, and do personally certify and attest that: I have thoroughly reviewed the attached claim for additional compensation and/or extension of time, and know its contents and said claim is made in good faith; the supporting data is truthful and accurate; that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the City is liable; and, further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12650, et. seq., pertaining to false claims, and further know EXHIBIT 1
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and understand that submission or certification of a false claims many lead to fines, imprisonment and/or severe legal consequences.”

7.6. Assertion of Claims
Claims by Contractor shall be first submitted to the Construction Manager for decision.

Notwithstanding the making of any Claim or the existence of any dispute regarding any Claim, unless otherwise directed by Construction Manager, Contractor shall not cause any delay, cessation, or termination in or of Contractor’s performance of the Work, but shall diligently proceed with performance of the Work in accordance with the Contract Documents.

Contractor shall submit a Claim in writing, together with all supporting data specified in Section 7.5 above, to Construction Manager as soon as possible but not later than 30 days after the date the Claim arises under Sections 6 and 7 of the General and Supplemental Conditions.

7.7 Dispute Resolution
All claims by Contractor for a time extension, payment of money or damages arising from work done by, or on behalf of, Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or as to the amount of payment which is disputed by the City of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be subject to the provisions set forth in Public Contract Code Section 20104, et. seq. Those sections require that the claim be in writing, include the documents necessary to substantiate the claim, and be filed on or before the final date of payment, subject to all time limits and notice requirements for filing claims under the Contract.

Arbitration
Claims Subject to Public Contract Code Section 9204; Procedure Application. This Section applies solely to the handling and resolution of a claim(s) sent to the City by registered mail or certified mail with return receipt requested in accordance with Public Contract Code Section 9204(c)(1). With respect to such claim(s), the provisions of Public Contract Code Section 9204 shall apply, and are hereby incorporated by reference into these documents and set forth in full at the end of this Section.

Mediation Procedures. Mediation conducted pursuant to Public Contract Code Section 9204 shall be in accordance with the following procedures:

Request for Mediation: A request for mediation must be in writing and set forth a brief statement that identifies the claim(s), the asserted damages, the names, addresses, and contact information of the parties, and identify their authorized representative, if any, that will participate in the mediation. Contractor hereby expressly waives all claims not timely submitted to mediation in accordance with this Section.

Selection of Mediator: The parties agree that any neutral selected or appointed to preside over the mediation shall be an attorney admitted to practice law in the State of California or a retired judge, and he or she shall possess at least 10 years’ experience practicing law in the substantive areas of public contracting, public construction contracts and construction litigation.

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Time and Place of Mediation: The mediator, using advice and input from the parties, shall set the time of each mediation session, as well as the mediation protocol (i.e., submission of briefs, statement of damages, etc.). The mediation will be held at any convenient location agreeable to the mediator and the parties, as the mediator determines. All reasonable efforts will be made by the parties and the mediator to schedule the first session within thirty (30) calendar days after selection of the mediator.

The mediation may be terminated: (a) by the execution of a settlement agreement by the parties; (b) by a written declaration of the mediator to the effect that further efforts at mediation are no longer worthwhile; or (c) by a writing on behalf of a party or parties to the effect that the mediation proceedings are terminated.

All meetings, communications and correspondence relative to the mediation procedures set forth in this Section shall be subject to any applicable mediation or settlement-related privilege afforded under California law, including, without limitation, California Evidence Code §§1115, et seq. and 1152.

If, at the termination of the mediation proceedings pursuant to this Section, the claim(s), or any portion thereof, remain(s) in dispute, and as a condition precedent to the commencement by Contractor of any litigation or arbitration, the provisions of California law applicable to the presentation of claims and prosecution of disputes by the Contractor shall apply to claims asserted by the Contractor, including, without limitation, 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. Contractor shall be responsible to fully satisfy and comply with all such requirements as may be applicable to any claim(s) presented by Contractor, and nothing in this Section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with §900) and Chapter 2 (commencing with §910) of Part 3 of Division 3.6 of Title 1 of the Government Code. Contractor expressly waives the removal provisions of California Code of Civil Procedure Section 394.

In the event of any dispute between the City and Contractor, or during the pendency of any claim(s) or associated proceedings under this Section, Contractor shall not stop, or delay performance of, the Work, but shall prosecute the Work diligently to completion in the manner directed by the Engineer.

Other Claims. The procedures and remedies provided herein do not apply to: (1) any claim(s) made by or on behalf of the City, unless the City consents to the application of these procedures and remedies; (2) any claim or dispute relating to stop payment notices; (3) any claim related to the approval, refusal to approve, or substitution of subcontractors, regardless of tier, and suppliers.

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Public Contract Code - §9204 - Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process:
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this Section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this Section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.

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(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d)(1)(A) Upon receipt of a claim pursuant to this Section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the 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 public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this Section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) 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 public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this Section.
(C) 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.

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(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This Section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this Section does not resolve the parties' dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this Section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this Section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this Section. (f) A waiver of the rights granted by this Section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this Section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this Section. (g) This Section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this Section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This Section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

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8.0 PAYMENT

8.1 Scope of Payment

8.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefore.

Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material.

8.1.2 Payment for Patents and Patent Infringement - All fees or claims for any patented invention, article, or arrangement that may be used upon, or in any manner connected with, the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the City, the Construction Manager, and Design Consultants, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the City regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other fees or claims exist for work in this project.

8.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefore, and all costs in connection therewith shall be included in the total amount of the Contract price.

8.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the City, the Contractor shall furnish proof of payment of such accounts to the City.

8.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the City will pay the Contractor for all such work installed on the basis of percentage completion. Amounts earned will be based on accepted Cost Breakdown (Section 01025, Measurement and Payment).

Payments will be made by the City to the Contractor on estimates duly certified and approved by the Construction Manager, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the work accompanied by an EXHIBIT 1
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approved invoice). Payments will not be made for temporary construction or material submittals unless specifically provided for in the Contract Documents.

Partial payments will be made monthly based on work accomplished as of a day mutually agreed between the City and the Contractor. Prior to submitting its payment estimate, the Contractor shall meet with the Construction Manager to reach agreement on the percent completion and materials on hand for that payment period.

The Contractor shall submit its estimate of the work completed during the prior month and the work completed to date in a format acceptable to the Construction Manager and corresponding to the accepted cost breakdown. Additionally, the Contractor shall submit a detailed statement of the Contractor's request for payment of acceptable materials and equipment on hand in compliance with Paragraph 00700-8.3, Partial Payments - Inclusion of Materials on Hand. Upon receipt of Contractor's requests for payment, the City shall act in accordance with the following:
a. The Construction Manager shall review the submitted estimates, as soon as practical after receipt, for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of work done and acceptable materials and equipment on hand.
b. Any request for payment determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper.
c. The number of days available to the City to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which the City exceeds the seven (7) day return requirement set forth in subdivision (b) above.

Payment will be made by the City to the Contractor in accordance with City's normal accounts payable procedures; the City shall retain amounts in accordance with Paragraph 00700-8.4, Right to Withhold Amounts.

No such estimate or payment shall be required to be made, when in the judgment of the Construction Manager, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Construction Manager's judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). Additionally, no payments shall be made until the Construction Manager has received an acceptable monthly schedule update covering the latest required period, certified payrolls and other required pay records, and a conditional waiver and release upon progress payment from Contractor for the current pay period and an unconditional waiver and release upon progress payment for the prior progress payment period. The City reserves the right to require, as a condition precedent to payment, that Contractor provide conditional and unconditional waivers and releases from Contractor's subcontractors and suppliers.

Subject to the provisions of this Section, the City shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with Public Contract Code, if the City fails to pay an undisputed request for payment within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in the Code of Civil Procedure.

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8.3 Partial Payments - Inclusion of Materials on Hand
Materials, as used herein, shall be considered to be those items which are fabricated and manufactured goods and equipment. Only those materials for which the Contractor can transfer clear title to the City will be qualified for partial payment. The Contractor may request payment of seventy-five (75) percent of the actual net cost of these materials.

To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Manager a list of such materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager's sole discretion, the Construction Manager will approve items for which partial payment is to be made subject to the following:
a. Only equipment or materials which have received favorable review of shop drawings will qualify.
b. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager, at the job site or at a bonded warehouse.
c. The Contractor's actual net cost for the materials must be supported by paid invoices of suppliers, or other documentation requested by the Construction Manager. d. Materials or equipment delivered to the Site less than thirty (30) days prior to their scheduled incorporation in the Work shall not qualify.
e. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. f. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract. g. Partial payments for materials and equipment on hand shall be subject to retention in accordance with Paragraph 00700-8.4., Right to Withhold Amounts.

8.4 Right to Withhold Amounts

8.4.1 Retention - The City will deduct from each partial payment and retain as part security, five (5) percent of the amount earned until the final payment.

Pursuant to Public Contract Code, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Code. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank to be chosen by City, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of the Public Contract Code, and the implementing agreement.

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Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the City, or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the City to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the City, or in escrow, is equivalent to the amount of money to be withheld by the City under the Contract.

Any Contractor wishing to exercise this option shall give notice in writing to City, and shall thereafter execute an escrow agreement in the following form:

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ESCROW AGREEMENT FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between; whose address is
hereinafter called "City", and
whose address is
hereinafter called "Contractor", and
whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:

1. Pursuant to the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Code, with Escrow Agent, as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between City and Contractor for _________________________ in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of City, and shall designate the Contractor as the beneficial owner.

2. City shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the City makes payment of retention earned directly to the Escrow Agent the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities.

All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor, and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the EXHIBIT 1
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Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The City shall have a right to draw upon the securities in the event of default by the Contractor.

Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.

8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6), inclusive, of this Agreement, and City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On Behalf of City: On Behalf of Contractor:

Title Title
Name Name
Signature Signature
Address Address
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On Behalf of Escrow Agent: ____________________________ Title ____________________________ Name ____________________________ Signature ____________________________ Address At the time the Escrow Account is opened, City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

CITY: CONTRACTOR: ________________________ ________________________ Title Title ________________________ ________________________ Name Name ________________________ _________________________ Signature Signature EXHIBIT 1
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8.4.2 Other Withholds - In addition to the amount which the City may otherwise retain under the Contract, the City may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover:
a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. Defective work not remedied.
c. Failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the balance then unpaid. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As-Built" record drawings. g. The City's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the City due to cancellation or reduction of the Contractor's insurance.
i. Failure of the Contractor to make proper submissions, as herein specified. j. Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule.
k. Payments due the City from the Contractor.
l. Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up.
n. Provisions of law that enable or require the City to withhold such payments in whole or in part.

When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld.

The City in its discretion may apply any withheld amount or amounts to the payment of valid claims.

In so doing, the City shall be deemed the agent of the Contractor, and any payment so made by the City shall be considered as a payment made under the Contract by the City to the Contractor, and the City shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The City will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor.

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8.5 Substantial Completion
When the Contractor considers that the Work is substantially complete, the Contractor shall notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make inspection, to determine if the Work is sufficiently complete in accordance with the Contract Documents so the City can occupy or utilize the Work for its intended use. If items are found which prevent such use or occupancy, the Construction Manager shall notify the Contractor in writing of such items.

Upon the completion of such corrective work, the Contractor shall notify the Construction Manager in writing. The Construction Manager shall inspect the Work to determine its acceptability for Substantial Completion and for determination of other items which do not meet the terms of the Contract. Upon verification that the project is substantially complete the Construction Manager shall prepare a Certificate of Substantial Completion. The Certificate shall establish the date of Substantial Completion and the responsibilities of the City and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, commencement of warranties required by the Contract Documents, and shall fix the time, not to exceed 60 days, within which the Contractor shall finish all items on the punch list accompanying the Certificate. When the preceding provisions have been approved by both the City and the Contractor, they shall sign the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in such Certificate.

By such acknowledgement, the Contractor agrees to pay the City's actual costs including, but not limited to, charges for engineering, inspection and administration incurred due to the failure to complete the punch list within the time period provided in the Certificate of Substantial Completion.

City shall have the right to exclude Contractor from the Site after the date of Substantial Completion, but City will allow Contractor reasonable access to complete the Work or correct items on any deficiency list or punch lists at times and in areas designated by the City in its sole discretion and without additional compensation to Contractor.

8.6 Final Inspection and Payment
Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Construction Manager in writing. Upon receipt of the notification, the Construction Manager, the City and/or their authorized representatives will make the final inspection, to determine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Construction Manager shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Construction Manager shall notify the City that the Work, has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the City. After completion of the work, but prior to its acceptance by the City, the last partial payment will be made to the Contractor in accordance with Paragraph 00700-8.2, Partial Payments.

After receipt of the last partial payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, the Construction Manager, the Design Consultant, and their duly authorized agents, from all claims of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed, as provided in Paragraph 00700-7.5, may be specifically excluded by the Contractor from the operation of the release.

Neither final payment nor any retention shall become due until Contractor submits the following items to Construction Manager:

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a. The final Application For Payment and all submittals required in accordance with the General Conditions.
b. All guarantees and warranties procured by Contractor from subcontractors, all operation and maintenance manuals for equipment installed in the Project, as-built documents, and all other submittals required by the Contract Documents.
c. Unconditional waivers and releases upon final payment from all subcontractors and suppliers and a conditional waiver and release upon final payment from Contractor. d. Certified payroll records and all other pay records as determined by the City.

Following receipt of all required submittals and the Construction Manager's written statement that construction is complete and recommendation that the City accept the project, the City will take formal action on acceptance.

Within ten (10) days of the acceptance by the City of the completed work embraced in the Contract, the City will cause to be recorded in the office of the County Recorder a Notice of Completion.

Thirty-five (35) days after recording the Notice of Completion of the work involved in the Contract, the City will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor.

This payment will constitute the final payment to the Contractor under this Contract.

8.7 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The 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 premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the City free from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon.

9.0 EXISTING UTILITIES

9.1 General
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate notification center, U.S.A., 1-800-642-2444.

9.2 Notification and Location
At least three (3) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service.

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It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which the Contractor believes may affect or be affected by the Contractor's operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.

9.3 Damage and Protection
The Contractor shall immediately notify the Construction Manager and utility owner of any damage to a utility.

For work within a public right of way or utility easement, the party responsible for the cost of repairing and/or relocating damaged utilities shall be as follows:

Description Responsible Party
a. Utility mains delineated incorrectly on City/Utility Company City’s plans
b. Utility mains delineated correctly on City’s Utility Company plans but information provided
incorrectly by utility company
c. Utility mains not shown on City’s plan Utility Company d. Utility mains incorrectly marked in the Utility Company field by utility company
e. Utility mains incorrectly marked and/or Contractor
delineated on City’s plans
f. Utility service laterals whether indicated Contractor or not indicated on plans and whether
correctly or incorrectly shown on City’s
plans

9.4 Utility Relocation and Rearrangement
The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities.

EXHIBIT 1
488
In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Construction Manager of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities.

Requests for extensions of time arising out of utility rearrangement delays shall be determined by Construction Manager. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the City or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 00700-9.3, Damage and Protection.

Where it is determined by the Construction Manager that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Construction Manager will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 00700-7.2, Change Orders.

When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.

Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.

10.0 APPLICABLE LAW/CODE REQUIREMENTS
Contractor shall perform the Work in accordance with the following Applicable Law/Code Requirements and all code requirements listed in the Scope of Work:
a. All laws, statutes, the most recent building codes, ordinances, rules, regulations, and lawful orders of all public authorities having jurisdiction over City, Contractor, any subcontractor, the Project, the Project site, the Work, or the prosecution of the Work, including, but not limited to:
(1) any federal, state or local law, code, regulation or consent order or agreement having the force of law;
(2) any formally adopted and generally applicable rule, requirement, determination, standard, policy, implementation schedule or order of any governmental or regulatory agency having appropriate jurisdiction;
(3) any established interpretation of law or regulation utilized by an appropriate governmental or regulatory agency if such interpretation is documented by such governmental or regulatory agency and generally applicable; and, (4) any governmental or regulatory agency approval, in each case applicable from time to time to the siting, permitting, design, acquisition, construction, equipping, financing, ownership, possession, start-up, testing, operation, maintenance, repair, replacement or management of the Facilities
b. Applicable Sections in the State of California Labor Code.

EXHIBIT 1
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c. All Applicable Code Requirements relating to nondiscrimination, payment of prevailing wages, payroll records, apprentices, and work day.

Contractor shall comply with and give notices required by all Applicable Code Requirements, including all environmental laws and all notice requirements under the State of California Safe Drinking Water and Enforcement Act of 1986 (State of California Health and Safety Code Section 25249.5, and applicable sections that follow). Contractor shall promptly notify City’s Representative in writing if Contractor becomes aware during the performance of the Work that the Contract Documents are at variance with Applicable Code Requirements.

If Contractor performs Work which it knows or should know is contrary to Applicable Code Requirements, without prior notice to City and City’s Representative, Contractor shall be responsible for such Work and any resulting damages including, without limitation, the costs of correcting Defective Work.

The Applicable Code Requirements under this Section shall be those in existence at the time the Contract is approved by the City Council. Any significant change in the Applicable Code Requirements that occurs after approval of the Contract by the City Council, and that significantly changes the scope or cost of work in the respective stages, shall be addressed through the change order and modifications procedures established in the Contract Documents.

11.0 USE OF SITE AND CLEAN UP
Contractor shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents. Contractor shall not unreasonably encumber the Project site with materials or equipment.

Contractor shall, during performance of the Work, keep the Project site and surrounding area free from the accumulation of excess dirt, waste materials, and rubbish caused by Contractor.

Contractor shall remove all excess dirt, waste material, and rubbish caused by the Contractor; tools; equipment; machinery; and surplus materials from the Project site and surrounding area at the completion of the Work.

Personnel of Contractor and subcontractors shall not occupy, live upon, or otherwise make use of the Project site during any time that Work is not being performed at the Project site, except as otherwise provided in the Contract Documents.

Contractor shall conduct and cause all working forces at the site to maintain the site in a neat orderly manner throughout the construction operations. The work shall be conducted in a manner that will control the dust. When ordered to provide dust control, the Contractor shall use water or turn soil to reduce the dusty conditions, all to the satisfaction of the City’s Representative and in accordance with Section 10 of the City of Stockton Standard Specifications. During construction, Contractor shall remove all rubbish and debris as it is generated to the satisfaction of the Engineer.

12.0 CORRECTION OF DEFECTIVE WORK AND GUARANTEE TO REPAIR PERIOD The term “Guarantee To Repair Period” means a period of 1 year from Final Completion, unless a longer period of time is specified.

Contractor shall (1) correct Defective Work that becomes apparent during the progress of the Work or during the Guarantee To Repair Period, and (2) replace, repair, or restore to City’s satisfaction EXHIBIT 1
490
any other parts of the Work and any other real or personal property which is damaged or destroyed as a result of Defective Work or the correction of Defective Work. Contractor shall promptly commence such correction, replacement, repair, or restoration upon notice from City’s Representative or City, but in no case later than 10 days after receipt of such notice; and Contractor shall diligently and continuously prosecute such correction to completion. Contractor shall bear all costs of such correction, replacement, repair, or restoration, and all losses resulting from such Defective Work, including additional testing, inspection, and compensation for City’s Representative’s services and expenses. Contractor shall perform corrective Work at such times that are acceptable to City and in such a manner as to avoid, to the extent practicable, disruption to City’s activities.

If immediate correction of Defective Work is required for life safety or the protection of property and is performed by City or Separate Contractors, Contractor shall pay to City all reasonable costs of correcting such Defective Work. Contractor shall replace, repair, or restore to City’s satisfaction any other parts of the Construction Work and any other real or personal property which is damaged or destroyed as a result of such Defective Work or the correction of such Defective Work.

Contractor shall remove from the Project site portions of the Construction Work and materials which are not in accordance with the Contract Documents and which are neither corrected by Contractor nor accepted by City.

If Contractor fails to commence correction of Defective Work within 10 days after notice from City or City’s Representative or fails to diligently prosecute such correction to completion, City may correct the Defective Work; and, in addition, City may remove the Defective Work and store salvageable materials and equipment at Contractor’s expense.

If Contractor fails to pay the costs of such removal and storage as required by the Contract Documents within 10 days after written demand, City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which Contractor is liable to City, including compensation for City’s Representative’s services and expenses. If such proceeds of sale do not cover costs and damages for which Contractor is liable to City, the Contract Sum shall be reduced by such deficiency. If there are no remaining payments due Contractor or the remaining payments are insufficient to cover such deficiency, Contractor shall promptly pay the difference to City.

Contractor’s obligations under this Section are in addition to, and not in limitation of, its warranty under Section 01015 or any other obligation of Contractor under the Contract Documents.

Enforcement of Contractor’s express warranties and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies City may have under the Contract Documents or at law or in equity for Defective Work, including, but not limited to, under CCP Sections 337.1 and 337.15. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents. Establishment of the Guarantee To Repair Period relates only to the specific obligation of Contractor to correct the Work and in no way limits either Contractor’s liability for Defective Work or the time within which proceedings may be commenced to enforce Contractor’s obligations under the Contract Documents. ***END OF SECTION*** EXHIBIT 1
491
SECTION 00800 - SUPPLEMENTARY CONDITIONS

1.0 LOCAL EMPLOYMENT (For contracts valued at $100,000 and above) Contractor shall make a good-faith effort, with the assistance of local labor union hiring halls or community organizations designated by the City to employ qualified individuals who are, and have been for one year prior to the effective date of the contract, residents of Stockton in sufficient numbers so that no less than 50% of the contractor's total construction work force, including any subcontractor work force, measured in labor work hours, is comprised of Stockton residents.

Contractor or subcontractor shall make a good faith effort to employ apprentices who are enrolled in and participating in a viable apprenticeship program serving the San Joaquin Valley and approved by the State Department of Apprenticeship Standards. This apprenticeship requirement shall apply for each apprenticable craft or trade in which the contractor employs workers in performing any of the work under the contract.

If, in response to a written request made at least 48 hours (excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are required, an apprenticeship program(s) does not dispatch any apprentice or dispatches fewer apprentices than requested to a contractor (that has agreed to employ and train apprentices in accordance with California Labor Code Section 1777.5) within 72 hours of such request (excluding Saturdays, Sundays and holidays), that contractor shall be considered in compliance with the apprentice employment requirement for that trade or craft for a 90-day period from the request date, provided the contractor employs those apprentices who are dispatched. Where there is more than one viable apprenticeship program for that trade or craft serving the San Joaquin Valley, a contractor, that is not a participant in or an affiliate of an apprenticeship program and receives fewer apprentices dispatched than requested, shall not be considered in compliance with the apprentice employment requirement unless the contractor has made a written request for the dispatch of apprentices from at least two viable apprenticeship programs. A contractor, that is a participant in or an affiliate of an apprenticeship program, shall make dispatch requests to the program in which it is affiliated or participating.

In the event that no viable apprenticeship program exists for a particular craft or trade, the contractor shall be exempt from the requirements of this Section with regard to that craft or trade.

A contractor employing apprentices pursuant to this Section shall employ apprentices in a ratio of not less than one apprentice for each five journeymen in the apprenticeship craft or trade classification that are employed on the public work contract unless to do so would result in apprentice employment in ratios below the minimum ratios prescribed by California Labor Code Section 1777.5 in which case apprentice employment shall be at least in the ratios prescribed by California Labor Code Section 1777.5.

This Section shall not be construed so as to exempt a contractor from any otherwise applicable requirement imposed upon the contractor by the California Labor Code.

1.1 GOOD FAITH EFFORT
A bidder or contractor who fails to meet the goal of having 50 percent of its work force be residents of Stockton shall, nevertheless, be deemed to have made a "good faith effort" to hire sufficient numbers of residents of Stockton if, prior to execution of the contract with the City, six (6) or more of the following employee recruitment activities have been undertaken and documented:

EXHIBIT 1
492
(A) Placing a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.
(B) Placing a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days. (C) Advertising existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens' centers.
(D) Conducting a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City or other public facility (may be combined with other contractors).
(E) Providing ongoing assistance to Stockton residents in completing job application forms. (F) Conducting a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City or other public facility (may be combined with other contractors).
(G) Establishing a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.
(H) Conducting job interviews within 10 miles of the location designated for contract performance.
(I) Advertising valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.
(J) Telephone solicitation of known potential local subcontractors or employees. (K) Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance. 1.2 REQUIRED DOCUMENTATION The contractor shall keep, and provide to the City, on standardized forms acceptable to the City, an accurate record showing the name, place of residence, hours employed and per diem wages and benefits of each person employed by the contractor, and the contractor's subcontractors, on the specific public works project, including full-time, part-time, permanent and temporary employees.

The contractor shall keep, and provide to the City, on forms acceptable to the City, an accurate record, documenting the contractor's good faith efforts to comply with the local resident employment EXHIBIT 1
493
and apprentice employment provisions of this Section. Said records shall include: a listing by name and address of all local recruitment sources contacted by the contractor; the date of the local recruitment contact and the identity of the person contacted; the trade and classification and number of employment referrals requested; the number of local residents employed as a result of the contact; and the identity and address of the person(s) employed pursuant to the contact.

1.3 FORMS SUBMITTED UNDER PENALTY OF PERJURY
All forms required under this Section shall attest to the veracity of the information set forth therein and shall be submitted under penalty of perjury.

1.4 IRRESPONSIBLE BIDDER DECLARATION
Should any contractor or subcontractor fail to abide by the good-faith local resident employment and apprentice employment provisions of this Section, the contractor or subcontractor may be declared by the City to be an irresponsible bidder on future projects pursuant to Section 3.72.010 of this Code.

1.5 BINDING ON SUBCONTRACTORS
The good-faith local resident employment and apprentice employment provisions of this Section shall bind the contractor both with respect to persons employed directly by the contractor and to all persons employed by the contractor's subcontractors. The contractor shall be responsible for assuring that all subcontractors document said compliance by submitting, and making available to the City, the forms required by this Section.

1.6 DEFINITIONS
As used in this Section, the following terms shall have the following definitions:
(A) "Qualified individual" means an individual who is in a certified state or federally approved apprenticeship program in an applicable trade or has become a journeyperson in his or her applicable trade.
(B) "Contract for public works or improvement" means any contract with the City for construction, alteration, demolition or repair work.
(C) "Resident of Stockton" means an individual who has been domiciled, as defined by Section 200(b) of the California Elections Code, within the boundaries of Stockton for at least one year immediately preceding the date of the award of contract by the City and who can verify his or her domicile upon request of the contractor or City by producing documentation such as a rent/lease agreement, telephone and utility bills or payment receipts, a valid California driver's license or identification card, and/or any other similar, reliable evidence that verifies that the individual is domiciled within Stockton. For the purposes of this Section, the following Zip Code areas are considered to be within Stockton:
95202, 95203, 95204, 95205, 95206, 95207, 95209, 95210, 95212, 95215 and 95219. (D) "Viable apprenticeship program" means an apprenticeship program approved by the EXHIBIT 1
494
California Department of Apprenticeship Standards that has graduated apprentices annually for at least the past five years. Any apprenticeship program that has been approved for less than ten years shall be deemed a viable apprenticeship program provided that, following the fifth anniversary of its approval by the California Department of Apprenticeship Standards, it graduates apprentices each subsequent year.

1.7 CONTRACTS - SUBCONTRACTS
Contracts and bid documents shall incorporate this Section by reference and shall provide that the failure of any contractor or subcontractor to comply with any of the requirements of this Section shall be deemed a material breach of the contract or subcontract.

All subcontracts shall expressly acknowledge the City's status as a third party beneficiary to that subcontract and further expressly acknowledge that the City, as a third party beneficiary, shall have the right to enforce the provisions of this Section with regard to that subcontract or seek remedies available under this Section should a party to the subcontract fail to comply with any of the provisions of this Section that apply to the subcontract. However, nothing set forth herein shall create a contractual relationship, or privity, between the City and any subcontractor.

Bidders or contractors and subcontractors shall maintain records necessary for monitoring their compliance with this Section.

1.8 EXCEPTIONS
The provisions of this Section shall not apply:
(A) Where the City determines that the contract is necessary to respond to a declared emergency which endangers the publish health, welfare, or safety and there is no time to apply the provisions of this Section.

To City construction contracts or portions thereof, wherein the work is of a highly specialized nature as determined by the City Council when the contract specifications are approved (Ord. 011-09 § 1, eff. 10- 01-09)
EXHIBIT 1
495

LOCAL EMPLOYMENT ORDINANCE

COMPLIANCE DOCUMENTATION
Final Report
For

DELTA WATER TREATMENT PLANT

CAMPUS IMPROVEMENTS PROJECT
PROJECT NO. UH14014

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT
Notice to Proceed:

Date

EXHIBIT 1
496
General Information
The Prime Contractor and every subcontractor shall complete this page and the accompanying forms no later than 30 days after Substantial Completion of the Project.

Project Name: Project Number:

Contract Date: Contractor: Address: City: STATE: ZIP: Phone: Contractor’s License Number: Type of Contractor’s License (s):

EXHIBIT 1
497

SUMMARY SHEET FOR LOCAL RESIDENT PARTICIPATION
List the actual number of hours performed in Table 1
TABLE 1

ITEM DESCRIPTION HOURS TO DATE
A Total number of hours performed at the jobsite
B Qualifying number of labor hours performed at the jobsite Qualifying hours are defined as hours performed by Local Residents.

Percent local participation: B/A x 100 =

EXHIBIT 1
498

SUMMARY SHEET FOR APPRENTICESHIP REQUIREMENT
TABLE 2
Trade/
Classification
Number of
Journeymen
Number of
Apprentices

EXHIBIT 1
499

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
TABLE 3
Employee
Name *
Zip Code
of
Residence
Local Resident
Yes/No
Meets one
year
Residency
Requirement
Yes/No
Hours
Employed
Base
Hourly
Pay
Total
Hourly
Pay

If apprentice, please indicate with an asterisk (*)
Please provide supporting documentation for proof of residence and one year residency requirement.

EXHIBIT 1
500

GOOD FAITH EFFORT DOCUMENTATION

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT
Please check all boxes that apply:

Placed a valid job order for existing and projected position vacancies with the local office of the State Employment Development Department, for no less than 10 consecutive calendar days.

Placed a valid job order for existing and projected position vacancies with Worknet of San Joaquin County, for no less than 10 consecutive calendar days.

Advertised existing and projected position vacancies, job informational meetings, job application workshops, job application centers and job interviews by posting notices which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process, in conspicuous local authorized public places, including but not limited to the City Hall, schools, post offices, libraries, and senior citizens’ centers.

Conducted a job informational meeting to inform the community of employment opportunities of the contractor, to be held at a City facility (may be combined with other contractors).

Provided ongoing assistance to Stockton residents in completing job application forms.

Conducted a job application workshop to assist the community in applying and interviewing for jobs in the contracting industry, to be held at a City facility (may be combined with other contractors).

Established a job application center located in the City of Stockton, where job applications may be obtained, delivered to and collected.

Conducted job interviews within 10 miles of the location designated for contract performance.

Advertised valid existing and projected position vacancies through the local media, such as community television network, local newspapers of general circulation, and trade papers or minority focus newspapers.

Telephone solicitation of known potential local subcontractors or employees.

Any other means of obtaining employees who are residents of Stockton that are reasonably calculated to comply with the goals of this ordinance.

Please provide supporting documentation for all boxes checked.

EXHIBIT 1
501
I declare under the penalty of perjury that the foregoing information is true and correct.

By my signature below, I acknowledge that I have met the requirements of the City of Stockton’s Local Employment Ordinance.

I understand this information is subject to audit verification, and I acknowledge and am hereby advised that upon, and as a result of, a finding of non-compliance with the Local Employment Ordinance Provisions, the City may determine that I and/or my firm is not a responsible bidder on future projects.

Owner/Authorized Representative (Signature) Name of Firm Name and Title (Print) Date

EXHIBIT 1
502

2.0 COMMUNITY WORKFORCE AND TRAINING AGREEMENT (For contracts valued at $1,000,000 and above)
EXHIBIT 1
503
EXHIBIT 1
504
EXHIBIT 1
505
EXHIBIT 1
506
EXHIBIT 1
507
EXHIBIT 1
508
EXHIBIT 1
509
EXHIBIT 1
510
EXHIBIT 1
511
EXHIBIT 1
512
EXHIBIT 1
513
EXHIBIT 1
514
EXHIBIT 1
515
EXHIBIT 1
516
EXHIBIT 1
517
EXHIBIT 1
518
EXHIBIT 1
519
EXHIBIT 1
520
EXHIBIT 1
521
EXHIBIT 1
522
EXHIBIT 1
523
EXHIBIT 1
524

COMMUNITY WORKFORCE AND TRAINING AGREEMENT

COMPLIANCE DOCUMENTATION
Monthly Workforce Utilization Report
MM/DD/YYYY through MM/DD/YYYY
For

DELTA WATER TREATMENT PLANT

CAMPUS IMPROVEMENTS PROJECT
PROJECT NO. UH14014

CITY OF STOCKTON

MUNICIPAL UTILITIES DEPARTMENT
EXHIBIT 1
525
General Information
The Prime Contractor and every subcontractor shall complete this page and the accompanying forms to be submitted monthly.

Project Name: Project Number:

Contract Date: Contractor: Address: City: STATE: ZIP: Phone: Contractor’s License Number: Type of Contractor’s License (s):

EXHIBIT 1
526

SUMMARY SHEET FOR LOCAL WORKFORCE UTILIZATION
TABLE 1

ITEM DESCRIPTION HOURS
A Total hours performed at the jobsite (
B Labor hours performed at the jobsite by Stockton Residents ( C Labor hours performed by Local Area (San Joaquin) Residents ( D Labor hours performed at the jobsite by Apprentices ( E Labor hours performed at the jobsite by Stockton Apprentices ( F Labor hours performed by Local Area (San Joaquin) Apprentices ( Local Hire Requirements:

B
Primary Goal = x 100%
A
= _________% must be equal to or greater than 50%
If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.

C
Secondary Goal = x 100%
A = _________% must be equal to or greater than 50%
State of California, Department of Industrial Relations, Division of Apprenticeship Standards Requirements:

D
x 100%
A
= _________% must be equal to 20%
Priority Apprenticeship and Workforce Development Requirements:

E
Primary Goal = x 100%
D
= _________% must be equal to or greater than 50%
If the primary goal of 50% is not achieved, provide as an attachment, documentation showing any requests made to the Union dispatchers for Stockton residents and the Union’s response to the request.

F
Secondary Goal = x 100%
D
= _________% must be equal to or greater than 50%
EXHIBIT 1
527

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE
TABLE 2
Employee
Name * Union
Zip Code
of
Residence
Employee Residency
Stockton Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked

TOTAL
If apprentice, please indicate with an asterisk (*)
Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095 (I) (3).

Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.

You may be required to provide supporting documentation for proof of residency.

Priority zip codes are: 95202, 95203, 95204, 95205, and 95206.

EXHIBIT 1
528

BREAKDOWN OF WORK HOURS PERFORMED AT THE JOBSITE

BY APPRENTICES
TABLE 3
Trade/Classification
Number of
Journeymen
Hours
Number of
Apprentices
Hours
Apprentice Residency
Stockton
Resident
S.J. County
(Local Area)
Resident
Neither
Check,
if Yes
Number
of Hours
Worked
Check,
if Yes
Number of
Hours
Worked
Check,
if Yes
Number of
Hours
Worked
TOTAL
Stockton Resident means a resident of the City of Stockton as defined by Stockton Municipal Code Section 3.68.095(I)(3).

Local Area Resident means any Stockton Resident or any individual domiciled within the boundaries of San Joaquin County.

EXHIBIT 1
529
EXHIBIT 1
530

3.0 Labor, Working Hours:

3.1. No Work shall be done between [6:00 p.m. and 7:00 a.m.] without permission of the City. However, emergency work may be done without prior permission.

3.2. Night Work may be undertaken as a regular procedure with the permission of the City; such permission, however, may be revoked at any time by the City if Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the Work at night.

4.0 Services, Materials, and Equipment:

A. Interfaces to Equipment, Instruments, and Other Components:

1. The drawings, specifications, and overall design are based on preliminary information furnished by various equipment manufacturers which identify a minimum scope of supply from the manufacturers. This information pertains to, but is not limited to, instruments, control devices, electrical equipment, packaged mechanical systems, and control equipment provided with mechanical systems.

2. Provide all material and labor needed to install the actual equipment furnished, and include all costs to add any additional conduit, wiring, terminals, or other electrical hardware to the work, which may be necessary to make a complete, functional installation based on the actual equipment furnished. Make all changes necessary to meet the manufacturer’s wiring requirements.

3. Submit all such changes and additions to the Construction Manager for acceptance in accordance with the General Conditions.

4. Review the complete set of drawings and specifications in order to ensure that all items related to the electrical power and control systems are completely accounted for. Include any such items that appear on drawings or in specifications from another discipline in the scope of Work.

B. Until Substantial Completion of the Work is acknowledged by the City, Contractor shall have the responsible charge and care of the Work and of materials to be used herein, including materials for which Contractor has received partial payment or materials which have been furnished by the City, and shall bear the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the nonexecution of the Work.

C. Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before the Work's completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, Contractor shall, at Contractor's own expense, provide suitable drainage and erect such temporary structures or rent such structures as are necessary to protect the Work or materials from damage. The suspension of the Work or the granting of an extension of time from any cause whatever shall not relieve Contractor of Contractor's responsibility for the Work and materials as specified herein.

D. When the quality of a material, process, or article is not specifically set forth in the Contract Documents, the best available quality of the material, process, or article shall be provided.

EXHIBIT 1
531
E. Delivery and Inspection:

1. Deliver products in undamaged condition, in manufacturer’s original container or packaging with identifying labels intact and legible. Include date of manufacture on label. ***END OF SECTION***
EXHIBIT 1
532
SECTION 00820 - LIABILITY AND INSURANCE REQUIREMENTS

1.0 INDEMNIFICATION
Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

2.0 INSURANCE REQUIREMENTS
Exhibit B:

Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Surety Bonds as described below.

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the EXHIBIT 1
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minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.

Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Claims Made Policies – (Note – applicable only to professional and/or pollution liability) If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

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5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as EXHIBIT 1
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specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors:

Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond (or Labor and Material bond)

4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
***END OF SECTION***
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SECTION 01010 - SUMMARY OF WORK

1.0 WORK COVERED BY CONTRACT DOCUMENTS
The work shall be performed in accordance with the intent of the Contract Documents as stated in the Contract Documents, excluding only the Work indicated or specified to be provided by the City or others under separate contract or other arrangement.

2.0 CONTRACT ADMINISTRATION
Key personnel and Subcontractors are found in Exhibit A to the Progressive Design-Build Contract Section 00500.

3.0 TIME ALLOWED FOR COMPLETION
In accordance with the provisions of Paragraph 00700-6.2, Time of Completion, substantial completion of this project shall be completed within Days (#) consecutive calendar days from the effective date of the Notice to Proceed and final completion shall be achieved within Days (#) consecutive calendar days following substantial completion.

4.0 DAMAGES FOR DELAYS (NOT USED)
In accordance with the provisions of Paragraph 00700-6.5, Liquidated Damages, for the period of time that any portion of the work remains unfinished after the time fixed for substantial completion, and for the period of time that any portion of the work remains unfinished after the time fixed for final completion, in the Contract documents, as modified by extensions of time granted by the City, it is understood and agreed by the Contractor and the City that the Contractor shall pay the City liquidated damages in accordance with Paragraph 00500-1(h).

5.0 WEATHER DAYS
In accordance with the provisions of Paragraph 00700-6.4.2.c., Weather Delays, an allowance of Days (#) calendar days of weather caused delay is provided.

6.0 WORK SEQUENCE AND CONSTRAINTS
Refer to Section 01040, Coordination.

7.0 OCCUPANCY REQUIREMENTS
Refer to Section 01040, Coordination.

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8.0 CITY FURNISHED MATERIALS

8.1 Plans and Specifications - At the Contractor’s request, the City will deliver original documents to, and pickup up from, a duplication service in the Stockton metropolitan area. The Contractor shall be responsible for the cost of the additional copies, and for picking up such copies. At no time will the City make the original documents available to the Contractor.

9.0 TRENCH EXCAVATION
The maximum amount of trench remaining open without backfill shall be Number (xx) feet. No trench in public areas shall be left open during periods when the Contractor is not at the site of work, trenches in these areas shall either be backfilled and temporarily paved, where applicable, or covered with steel trench plates as specified in the technical specifications. No more that two consecutive trench plates will be allowed at anytime when the Contractor is not at the site of work.

10.0 WORK UNDER OTHER CONTRACTS
The City’s Utility Facilities are critical facilities that operate twenty-four hours each and every day.

During the life of this contract, other contracts may be let to construct, operate, maintain, or repair facilities in and/or around the project sites. The Contractor shall refer to the provisions pertaining to cooperation and coordination elsewhere in these Contract Documents, and shall coordinate with the City to minimize interferences to or caused by other contracts.

Other work anticipated to occur during the life of this project includes, but is not limited to, the following: Groundwater Recharge Project.

11.0 CONTRACTOR'S WORK PERCENTAGE (NOT USED)
The minimum portion of the work to be performed by the Contractor's forces shall be Number percent (XX%) for this contract.

12.0 UNDERGROUND FACILITIES
The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents and existing record drawings for the determination of the location of all underground facilities.

The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where underground facilities are known to exist, prior to installation work, until they have been sufficiently located to avoid damage to the facilities.

Prior to fabrication, the Contractor shall verify the location and elevations of existing underground facilities which the Contractor is connecting to.

No additional compensation shall be provided to the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care.

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13.0 LEGAL AND CITY HOLIDAYS
New Years Day Martin Luther King's Birthday
Lincoln's Birthday President's Day
Cesar Chavez Observance Memorial Day
Fourth of July Labor Day
Columbus Day Veteran's Day
Thanksgiving and the Day after Christmas
The City will have limited staff and support capabilities available during these holidays. Requests for inspection or other City services on holidays will be paid for by the Contractor at the established holiday pay scale rate for the services required. The City shall determine the appropriate level of response and support needed in terms of any request.
***END OF SECTION***

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SECTION 01015 – GENERAL PROVISIONS

1.0 GENERAL

1.1 Description
This Section covers general provisions and requirements for the Work and is supplementary to the Standard Specifications and the Conditions of the Contract.

1.2 Guarantee
The Contractor shall guarantee that the equipment, materials and workmanship furnished under this Contract will be as specified and will be free from defects for a one-year guarantee period, starting from the date of Final Completion of the Work, unless a longer period of time is prescribed by law or required by special provisions elsewhere in the Contract Documents and except as otherwise noted herein. If a specific item (or items) of equipment or material cannot be utilized by the Owner at Final Completion because the Work is incomplete or defective, the guarantee for that item (or items) shall begin when the Owner is provided beneficial use. Beneficial use for any such items shall be provided prior to Final Completion. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the Owner, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects, failure or abnormalities which, in the judgment of the Owner, become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools and supplies required for correction of defects, failure or abnormalities shall be paid by the Contractor. In the event warranty work involves repair or replacement of parts, machine work, or any other work which affects the equipment or materials installed under this Contract, the Contractor’s guarantee on such items and work shall be extended for a period of one year from the date of installation of said items, or the performance of said work.

If, within ten (10) days, unless specified otherwise by the Owner, after the Owner gives the Contractor notice of a defect, failure, or abnormality of the Work, the Contractor neglects to make the necessary repair or adjustments, the Owner may make the repair or adjustments or order the Work to be done by a third party, with the cost of the Work to be paid by the Contractor. In the event of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage, repairs or adjustments may be made by the Owner, without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor.

1.3 Contractor’s License
The Contractor for this Project shall possess at the time of bid, and maintain throughout the duration of the Contract, a valid California Class Type General Engineering Contractor’s License.

1.4 Patents
Royalties and fees from patents covering materials, articles, apparatus, devices, or equipment (as distinguished from processes) used in the Work, shall be included in the Contract amount. The Contractor shall satisfy all demands that may be made at any time for such royalties or fees and he shall be liable for any damage or claims for patent infringements. The Contractor shall, at his own cost and expense, defend all suits or proceedings that may be instituted against the Owner for infringement or alleged infringement of any patents involved in the Work and, in case of an award of damages, the Contractor shall pay such award. Final payment to the Contractor by the Owner will not be made while any suit or claim remains unsettled. The Contractor, however, will not be EXHIBIT 1
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held liable for the defense of any suit or other proceeding, nor the payment of any damages or other costs for the infringement of any patented process required by the Contract Documents; except if the Contractor has information that the process so required is an infringement of a patent, the Contractor shall be liable for any damages or claims in connection therewith unless he promptly notifies the Owner of such infringement.

2.0 PRODUCTS (Not applicable in this Section)

3.0 EXECUTION

3.1 Public Complaints.

The Contractor shall respond to public complaints when requested by the Owner.

3.2 Guarantees and Warranties
Except as herein specified, all guarantees and warranties shall conform with applicable requirements of Sections 7-1.23 and 7-1.24 of the Standard Specifications, entitled “Guarantee (General)” and “Guarantee (Specific),” respectively.

3.3 Precedence of Contract Documents
A. Section 00700, Paragraph 1.2 applies.

B. Detail Drawings take precedence over small-scale drawings and full-size Drawings shall be followed in preference to both. Full-size Drawings take precedence over reduced-size Drawings.

3.4 Care and Protection of Property
If any direct or indirect damage is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the Work on the part of the Contractor, such property shall be restored by the Contractor, at his expense, to a condition, as determined by the City, which is similar or equal to that existing before the damage was done, or he shall make good the damage in another manner acceptable to the Owner. The Contractor is responsible for the following at his own expense:

A. To conduct his operation in a manner which will cause the least amount of damage, inconvenience and interference with the normal use of any public or private property. Such operations shall be confined to the least possible space and shall be accomplished in a neat and workmanlike manner, taking care not to unnecessarily disturb or damage adjoining property, disturbing only those trees, shrubbery, floral pieces or other landscaping planting, fences, buildings, structures or other facilities of any kind or description in the manner and as directed by the Owner. Remove all transplantable trees, shrubs and bushes that may be damaged or destroyed by construction and reset them after construction. Re-vegetation of disturbed property shall be accomplished in such manner as required to return the property to its prior condition or better.

B. To store his apparatus, materials, supplies, and equipment in such orderly fashion at the site of the Work as will not unduly interfere with the progress of his Work or the work of any other contractor.

C. To provide suitable storage facilities for all materials which are liable to injury by exposure to weather, theft, breakage, or otherwise. If the Owner determines that suitable storage for certain EXHIBIT 1
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materials is not being provided, he may direct the Contractor to remove it from the job site, or to store it properly at the job site.

D. To place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work.

E. To clean up not less than at the end of each work day, all refuse; rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the Work shall present a neat, orderly and workmanlike appearance. More frequent clean-up shall be performed as required to maintain access to all other Owner facilities still in operation.

F. To remove and dispose of off-site in accordance with all Federal, State and local regulations, all surplus material, false-work, temporary structures, including foundations thereof, plants of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition before final payment.

G. To affect all cutting, fitting or patching of his Work required to make the same to conform to the Drawings and Specifications and, except with the consent of the Owner, not to cut or otherwise alter the work of any other contractor.

H. To close work access during time when active construction work is not ongoing.

3.5 Field Check of Existing Improvements
It shall be the responsibility of the Contractor to check all dimensions, elevations, and location of existing structures, utilities, pipelines, grades or other existing items affected by or affecting the Work under this Contract, prior to the start of construction and ordering of materials and equipment affected thereby. The Contractor shall be solely responsible for determining the extent and cost of all removal and salvage operations. The Contractor shall notify the Owner if existing conditions are not as shown on drawings.

3.6 Protection of Existing Improvements
A. In the performance of the Work contemplated under this Contract, the Contractor shall take all precautions necessary, including but not limited to those described herein, to ensure that all existing improvements not specifically indicated for removal are not damaged or interfered with in any way. Should the Contractor disturb or damage such improvements without authorization, all expense for replacement or repair of the existing improvements so disturbed or damaged shall be borne by the Contractor. The Owner has diligently attempted to correctly locate and show the existing utilities, pipelines and substructures in the vicinity of the Work, but the Owner does not guarantee that there are not improvements other than those shown, nor that the locations shown are entirely correct. Failure of the Owner to show all the existing utilities, pipelines and substructures and their locations shall not be a basis for claim for extra work.

The Contractor shall be held responsible for all damage to existing utilities, pipelines and substructures whether shown or not.

B. Notify Underground Service Alert (U.S.A.), telephone 800-642-2444, at least forty-eight (48) hours prior to performing any excavation for this Work. In coordination with the appropriate authorities probe, pot-hole, or otherwise ascertain the exact location of all existing underground improvements in advance of excavation such that no damage to these improvements will occur.

In the event interferences in construction are encountered with the various existing improvements, the Owner reserves the right to appropriately change the alignment and grade EXHIBIT 1
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of the facilities. Additional materials required to accommodate such change shall be paid in accordance with unit prices as prescribed in Section 9 of the Standard Specifications.

3.7 Cooperation With Others
A. The Contractor is hereby advised that work on other contracts within or adjacent to his contract limits may already be in progress. Contracts for construction may also be subsequently awarded to others and because of relocation and construction of various utilities he may not have exclusive occupancy of the territory within or adjacent to the limits of the Contract.

B. In case of interferences between the operations of different construction contractors, the Owner will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire project. In all such cases, the decision of the Owner shall be accepted as final. The temporary delay of the Contractor’s work due to such circumstances shall not be considered as justification for any claims for additional compensation.

C. The Contractor shall coordinate his activities with the Owner as they relate to utility shutdowns.

The Plant must operate 24 hours per day and only the Owner’s staff will be permitted to operate valves or other utilities.

3.8 Unfavorable or Hazardous Construction Conditions
During unfavorable weather, wet ground, or other unsuitable construction conditions, the Contractor shall confine his operation to work which will not be affected adversely thereby. No portion of the Work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the Contractor to perform the Work in a proper and satisfactory manner as determined by the Owner.

3.9 Testing and Substantial and Final Completion
See Section 01660.
*** END OF SECTION ***
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SECTION 01025 - MEASUREMENT AND PAYMENT

1.0 GENERAL

1.1. Measurement of Quantities
Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions.

1.2 Units of Measurement
Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon.

1.3 Certified Weights

When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales, or when approved by the Construction Manager, on a completely automated weighing and recording system. The Contractor shall furnish the Construction Manager with duplicate licensed weigh master’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.

1.4 Methods of Measurement
Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified.

Material not used from a transporting vehicle shall be determined by the Construction Manager and deducted from the certified tag.

When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Construction Manager in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Construction Manager and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted.

Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefore.

Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the EXHIBIT 1
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transporting vehicle; or material placed outside the lines indicated on the plans or given by the Construction Manager; or material remaining on hand after completion of the Contract, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material.

2.0 DESCRIPTION OF BID ITEMS (NOT USED)

3.0 CONTRACTOR'S COST BREAKDOWN (NOT USED)
*** END OF SECTION ***
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SECTION 01035 - MODIFICATION PROCEDURES

1.0 CHANGES IN CONTRACT PRICE
Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Construction Manager and approved by the City and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted.

The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Construction Manager:
a. By unit prices accepted by the City and stated in the Contract Documents; b. By unit prices subsequently fixed by agreement between the parties; c. By an acceptable lump sum proposal from the Contractor; or d. By Force Account (as described in Paragraph 01035-3.0, Force Account Payment, when directed in writing and administered by the City through its agents or representatives.

When required by the Construction Manager, the Contractor shall submit, in the form prescribed by the Construction Manager, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered.

The Construction Manager will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Construction Manager will prepare and process the Change Order and make a recommendation for action by the City. All Change Orders must be approved by the City in writing before the work can be authorized and the Change Order executed.

The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the City, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order.

2.0 NEGOTIATED CHANGE ORDERS
Under the methods described in Paragraph 01035-1.0b and 1.0c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Construction Manager. The direct costs shall include only the payroll cost for workers and foremen, including wages and fringe benefits as established by negotiated labor agreements or state prevailing wages. To the actual payroll cost will be added a labor surcharge which shall be the actual costs of taxes and insurance. Such labor EXHIBIT 1
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surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual payroll cost and subsistence and travel allowances. No other fixed labor burdens will be considered, unless approved in writing by the Construction Manager.

Other direct costs include the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the Construction Manager as described in Paragraph 01035-3.0, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work, labor or office costs pertaining to the Contractor's managers or superintendents, its office and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense.

Under the method described in Paragraph 01035-1.0b and 1.0c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following percentages:

1. Direct Labor 24 percent

2. Materials 15 percent

3. Equipment (owned or rented) 15 percent
b. For all such work performed by a subcontractor, approved in accordance with the provisions in Section 00100-17.0 Subcontractors, said subcontractor may add the same percentages listed in (a.) above to its net costs, for combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor’s net cost, before above markup. Said additional five (5) percent markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a subcontractor.

For all such work performed by a sub tier-subcontractor, approved in accordance with the provisions in Section 00100-17.0 Subcontractors, said sub tier-subcontractor may add the same percentages listed in (a.) above to its net costs, for combined overhead and profit.

The subcontractor may add up to five (5) percent of the sub tier-subcontractor's net cost, before markup, for its combined overhead and profit. The Contractor may add up to five (5) percent of the net cost of the sub tier-subcontractor who performed the work, before markup. Said additional five (5) percent markup shall reimburse the subcontractor and the Contractor, respectively, for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a sub tiersubcontractor. c. To the total of the actual costs and fees allowed herein under, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be EXHIBIT 1
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allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 01035-3.0, Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted.

3.0 FORCE ACCOUNT PAYMENT
If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the City may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages and fringe benefits as established by negotiated labor agreements or state prevailing wages. To the actual payroll cost will be added a labor surcharge which shall be the actual costs of taxes and insurance. Such labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the workmen, other than actual payroll cost and subsistence and travel allowances. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor.
c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00).
d. Additional bond.
e. Additional insurance, other than labor insurance.

To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub-subcontractor actually performing the work:

1. A fixed fee not to exceed twenty-four (24) percent of the cost of Item a above, and fifteen (15) percent of the costs of Items b and c above.

2. To the total of the actual costs and fees allowed in Items a, b, and c above, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above.

For all such work performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the distribution of the payment made by the City for such work. No additional payment therefore will be made by the City by reason of the performance of the work by a subcontractor or other forces.

The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping.

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The City reserves the right to furnish such materials and equipment as it deems expedient and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment.

For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the monthly rate in the Cal Trans "Labor Surcharge and Equipment Rental Rates" publication. The rental cost allowed for equipment will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. For Contractor owned equipment, costs shall be based on either actual cost accounting records or the Cal Trans "Labor Surcharge and Equipment Rental Rates" publication. Hourly rates shall be determined by dividing the monthly rate by 176 hours.

Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets approved by the Construction Manager. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manager, or inspector, shall sign-off on the items on which they are in agreement. The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph 00700-7.4.2.1, Notice. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations.

To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed.

The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices.

When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted.

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4.0 UNIT PRICE ADJUSTMENTS DUE TO INCREASED OR DECREASED QUANTITIES The unit prices as stated in the bid form and as negotiated in Change Orders shall apply to one hundred (100) percent of the quantity indicated to be estimated quantity for the bid item, plus or minus twenty-five (25) percent. Adjustments in unit prices will be made in accordance with Section 9-1.06, Increased or Decreased Quantities, and 9-1.15, Changes in Character of Work, of the State of California Specifications, with the following modifications:
a. Delete all references to "Section 9-1.04" and insert "Paragraph 01035-3.0, Force Account Payment.”
b. Delete the last paragraph (fourth paragraph) of Section 9-1.15, Changes in Character of Work.

5.0 TIME EXTENSIONS FOR CHANGE ORDERS
If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of Paragraph 01310-6.0, Time Impact Analyses.

6.0 CONTRACTOR CHANGE REQUESTS
Change requests may be initiated by the Contractor’s Representative. Such requests must be presented in a format mutually agreeable to the Construction Manager, and shall include the following information:
a. Reason for Request - An introductory statement which clearly identifies the need for the change; change requests which do not directly benefit the City or the project, or which are intended solely as contractual relief shall be rejected. b. Nature of the Request - A complete description of the requested change, its impact on the functional performance of the System, and its effect on the delivery schedule of the System. c. Cost or credit of the Requested Change - The total impact on cost or credit to the City for the change to the System.

7.0 VALUE ENGINEERING COST PROPOSALS
Refer to section 00700-7.4, Value Engineering Change Proposals (VECP). ***END OF SECTION***
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SECTION 01040 - COORDINATION

1.0 GENERAL
This Section covers coordination requirements supplementary to those of the Contract and other Sections of these Specifications. These requirements may be modified as mutually agreed upon by the Contractor and Construction Manager.

The Contractor will obtain construction schedules from subcontractors and suppliers, and assume responsibility for correctness.

The Contractor will incorporate schedules from subcontractors and suppliers into Progress Schedule to plan for and comply with sequencing constraints.

2.0 COOPERATION WITH OTHERS
The Contractor is hereby advised that work on other contracts within or adjacent to its contract limits may already be in progress. Contracts for construction may also be subsequently awarded to others and because of relocation and construction of various utilities he may not have exclusive occupancy of the territory within or adjacent to the limits of the Contract.

In case of interferences between the operations of different construction contractors, the Construction Manager will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire project. In all such cases, the decision of the Construction Manager shall be accepted as final. The temporary delay of the Contractor's work due to such circumstances shall not be considered as justification for claims for additional compensation.

The Contractor shall coordinate his activities with the City as they relate to utility shutdowns. The City facilities must operate 24 hours per day, except as otherwise noted elsewhere in these specifications, and only the Owner's staff will be permitted to operate valves or other utilities.

3.0 ORGANIZATION AND COORDINATION

3.1 Monthly Reports
The Contractor shall prepare and submit a progress report to the Construction Manager by the tenth calendar day of each month. This progress report shall include a description of all efforts completed during the previous month, tasks scheduled for the next month, outstanding problems, and personnel changes. The report shall also include updated schedule milestones with narratives.

3.2 Daily Reports
The Contractor shall complete a Contractor's daily report, a copy of which shall be submitted to the Construction Manager on a daily basis by the end of the succeeding work day. The information contained in the daily report shall include, but not necessarily be limited to, the following:

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· Project name and number
· Contractor's name
· Date
· Report #__ (also "page ___ of ___")
· Weather conditions
· Staff employed on the project and duties performed
(Distinguish between field and office staff)
· Trades on job site, respective number of trades persons used, and work description Subcontractors on job site, number of respective subcontractor's staff present and work description
· Equipment on job site, type and number and whether or not used. · Summary of work performed
· Materials delivered to site
· Delays to project
· Visitors to project
· Other comments
· Contractor's signature
· Safety/accident activities
The Contractor's standard daily report form may be used provided it furnishes, as a minimum, all the information cited above.

3.3 Correspondence
All correspondence from the Contractor to the Construction Manager shall be dated and numbered in sequence. The Construction Manager will likewise number its correspondence and transmittals to the Contractor.

4.0 SYSTEM OUTAGE REQUESTS
Modifications to existing facilities, the construction of new facilities, and the connection of new to existing facilities may require the temporary outage or bypass of treatment processes, equipment, utilities, or other facilities. In addition to the Construction Schedule required under Section 01310, the Contractor shall submit a System Outage Request (SOR) and a detailed outage plan and time schedule for all construction activities which will make it necessary to remove a tank, pipeline, channel, electrical circuit, control circuit, equipment, structure, road or other facilities from service.

The SOR and outage plan shall be submitted to the Construction Manager for review and acceptance a minimum of two weeks in advance of the time that such outage is needed. The outage plan shall be coordinated with the construction schedule specified in Section 01310 and shall meet the restrictions and conditions specified in this section. The detailed plan shall describe the Contractor's method for preventing bypassing of other facilities; the length of time required to complete said operation; any necessary temporary power, controls, instrumentation or alarms required to maintain control, monitoring and alarms for the City’s facilities; and the manpower, plant and equipment which the Contractor shall provide in order to ensure proper operation of associated treatment units.

In addition, the outage plan shall describe the Contractor's contingency plan that shall be initiated in the event that his temporary facilities fail or it becomes apparent that the time constraints described in the approved outage plan cannot be met. The contingency plan shall conform to all EXHIBIT 1
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specified outage requirements. All costs for preparing and implementing both the outage and contingency plans shall be borne by the Contractor with no additional compensation therefore.

The Contractor shall provide, Monday through Friday at least two days prior to the actual shutdown, written confirmation of the shutdown date and time, or written notification that the schedule for performing the work has changed or revisions to the outage plan are required.

5.0 SEQUENCING OF THE WORK
Operations of the City’s facilities are critical to the public health and safety of the citizens of Stockton. Sufficient facilities to serve the needs and demands of the City shall remain in service at all times. The City shall be the sole judge as its needs and the facilities that must remain in service to provide adequate service.

The Contractor shall coordinate and cooperate with the City to establish his schedule for work at all of the project facilities. The approved project schedule shall be subject to change as it pertains to site work and shutdowns, when required by the City to accommodate unforeseen or emergency situations in the operation of its facilities.
(OPTION)
Restrictions on site availability for project work are as follows. Any deviations from these restrictions shall be at the City’s sole discretion.
((Describe any restrictions)

6.0 ACCESS TO PROJECT FACILITIES
The City will provide keys and alarm codes to the Contractor to provide access to each facility site included in this contract work. Keys and alarm codes will be provided only to the Contractor’s Representative and jobsite foremen; the actual number of keys provided shall be determined by the City, based upon the Contractor’s scheduling for work crews.

The Contractor shall ensure that each site is locked and secure, with alarm activated, at all times that workers are not at the site.
*** END OF SECTION ***

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SECTION 01050 - FIELD ENGINEERING

1.0 CHECK OF EXISTING IMPROVEMENTS
It shall be the responsibility of the Contractor to check all dimensions, elevations, and location of existing structures, utilities, pipelines, grades or other existing items affected by or affecting the Work under this Contract, prior to the start of construction and ordering of materials and equipment affected thereby. The Contractor shall be solely responsible for determining the extent and cost of all removal and salvage operations. The Contractor shall notify the Construction Manager if existing conditions are not as shown on the Contract Documents.

2.0 DATUM
Where applicable, elevation datum for this Project is based on the Project benchmark shown on the Drawings. All connections shall be installed based on actual elevations of existing structures to which connections are made.

3.0 LINES AND GRADES
The Contractor shall lay out all work, including structures and pipelines, and shall be responsible for any errors resulting there from. In all questions arising as to proper location of lines and grades, the Construction Manager's decision will be final.

As part of the bid price for the construction of the improvements the Contractor shall provide and be responsible for the layout of all work on this project. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function. The Contractor shall stake the work limits.

The Contractor's layout shall be based on existing structures, survey control and bench marks established by the City.

The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Construction Manager in checking location and grades of the work as set by the Contractor, if requested by the Construction Manager. This shall include moving materials and equipment located between monuments and the construction work.
*** END OF SECTION ***
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SECTION 01060 - REGULATORY REQUIREMENTS

1.0 APPLICABLE CODES
This Section summarizes without limitation the laws and codes by which the Work has been designed and to which the Contractor shall conform in the prosecution of the Work. The Contractor shall make available for their use at the site such copies of laws, regulations, or codes applicable to the Work as the City may request of it.

1.1 Laws and Regulations
As specified in Sections 00700-4.11 and 00700-4.12 of the General Conditions, and in Section 7-

1.09 of the Standard Specifications.

1.2 Codes
a. California Building Code (CBC), 2010 Edition. b. Title 8, Industrial Relations, California Administrative Code, Chapter 4, Division of Occupational Health and Safety, Safety Orders.
c. Title 19, Public Safety, California Administrative Code, State Fire Marshal. d. Codes and Standards listed in Section 16010 of these Specifications. e. Local Mechanical Code.
f. Local Plumbing Code.
g. National Fire Protection Association.
h. National Electric Code
i. State and Local Public Health Codes.
j. San Joaquin Valley Unified Air Pollution Control District Regulations.

1.3 Specifications
Standard Specifications and State of California Specifications, as defined in Section 01090.

2.0 LICENSES, FEES, AND PERMITS
The City will pay the fee for City of Stockton and County of San Joaquin issued permits specific to the Project; the Contractor will be responsible for picking up said permits at the appropriate times.

For those permits and licenses generally required to work or do business as a Contractor, the Contractor shall procure the permit or license and pay all charges and fees. In all cases, the Contractor shall pay all costs for complying with special requirements of permits and shall give notice necessary and incident to the prosecution of the Work. For any permits obtained by the City after the Contract Bid Date, an adjustment (add or deduct) in the Contract Price, as appropriate, will be made by change order, to account for all costs incurred in complying with the requirements of the respective permit. See also Section 00700-4.9 of the General Conditions.

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2.1 Contractor’s License
The Contractor shall possess at the time of bid and maintain throughout the duration of the contract, a valid California Class”Type” Contractor License.

2.2 Business License
The Contractor shall possess prior to the execution of the contract and maintain throughout the duration of the contract, a valid City of Stockton business license.

2.3 Permits
Description
*** END OF SECTION ***
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SECTION 01090 - REFERENCES

1.0 DEFINITIONS
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City Design Consultant, or Construction Manager.

Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity, and are intended to refer to persons of either sex.

Singular words include the plural and "person" includes firms, companies, and corporations.

Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms.

Acceptance - The formal written acceptance by the City of an entire Contract which has been completed in all respects in accordance with the Contract Documents and any modifications thereof previously approved.

Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water, or other natural phenomenon, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God.

Addenda - Written or graphic instruments issued prior to the bid which modify or interpret the Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or corrections.

Agreement - The written document covering the performance of the Work as more fully described in the Contract Documents.

Authorized City Official - The City Manager or his designee.

Beneficial Occupancy - The City operating and maintaining specific constructed facilities for the purpose for which they are intended, after City has provided written acceptance of substantial completion for such facilities.

Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the price for the work to be performed.

Bidder - Any properly licensed and qualified individual, firm, partnership, corporation, joint venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Bond(s) - Bid, Performance, or Labor and Material Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents.

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Calendar Day - Any day including legal holidays, Saturdays and Sundays.

City - A public or quasi-public agency or authority, corporation, association, partnership, or individual for whom the work is to be performed. Under this contract, the City is identified by name in the agreement.

City's Representative - The person designated, in writing, by the City to act as its agent on specified matters relating to this Contract. The City's Representative is an employee of the City or other individual who has been designated to represent the City. The City’s Representative may also act as the Construction Manager.

Construction Manager - The person designated, in writing, by the City to act as its representative at the construction site and to perform construction inspection services and administrative functions relating to this Contract. Initial contact by the Contractor with the City shall be through the Construction Manager.

Contract Change Order - A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes. Also referred to as a Change Order.

Contract Documents - The words "Contract Documents" shall mean any or all of, but not limited to, the following items, as applicable:

Notice Inviting Bids
Instructions to Bidders
Official Bidding Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgments
Performance Bond
Payment Bond
General Conditions
Supplementary Conditions
General Requirements
Standard Specifications
Technical Specifications
Drawings and Plans
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Standard Drawings
Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract.

Contract Price - The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form. Also referred to as Contract Amount or Contract Sum.

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Contract Time - Number of calendar days stated in the Contract for the completion of the Work.

Contract Completion Date - The date on which the City accepts the work as being complete.

Contractor - The person or persons, firms, partnership, corporation, or combination thereof, who have entered with the City, as party or parties of the second part of its or their legal representatives.

Contractor's Plant and Equipment - Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work.

Day(s) - Calendar Day(s).

Direct - Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract.

Drawings - Refers to the Contract drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Design Consultant, approved by the City, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified.

Design Consultant - The engineer or architect designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them.

Engineer - See Resident Engineer.

Field Directive - Written documentation of the actions of the City or Construction Manager in directing the Contractor. Also referred to as a Directive.

Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis.

Final Completion - Final Completion is the date upon which written acceptance by the City has occurred stating that the Construction of all work as required by the Contract Documents has been completed in accordance with the Contract Documents.

Float - Float or "total float" shall be defined as provided in the Associated General Contractors of America "CPM in Construction, A Manual for General Contractors.” Furnish - To deliver to the job site or other specified location any item, equipment, or material.

General Conditions - Part of the Contract Documents representing the general clauses that establishes how the project is to be administered.

General Requirements - Part of the Contract Documents establishing special conditions or requirements peculiar to the work and supplementary to the General Conditions.

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Geotechnical Engineer - Registered professional engineer in the State of California who conducted the site sub-surface investigation and prepared the soils report utilized for design purposes.

Herein - Refers to information presented in the Contract Documents.

Holidays - Legal holidays designated by the City or specifically identified in the Contract and Paragraph 01010-13.0
Inspector - City or Construction Manager staff who inspect and review the work for conformance with the Contract Documents.

Install - Placing, erecting, or constructing any item, equipment, or material.

Laboratory - The designated materials testing laboratory authorized by the City to test materials and work involved in the Contract.

Life Cycle Cost - The sum of all costs over the useful life of a building, system, or product, including the cost of design, construction, acquisition, operation, maintenance, and salvage value. The useful life will be determined by the City.

Liquidated Damages - The amount prescribed in Paragraph 00700-6.5, Liquidated Damages, and Paragraph 01010-4.0, Damages For Delays, to be paid to the City or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the specifications.

Net Cost Savings - The reduction in construction contract cost to the City resulting from implementation of a value engineering change proposal submitted by the Contractor. Net cost savings shall be determined by deducting from the estimated gross savings, the estimated amount of increased costs to the City resulting from the proposed change. Estimated gross savings shall include all labor, material, equipment, overhead, profit, and bond. Estimated City costs shall include, but not be limited to, design, construction, acquisition, operation, and maintenance costs.

Notice of Award - A written notice by the City to the Contractor informing it that the Contract has been awarded to the Contractor.

Notice to Proceed - The written notice by the City to the Contractor authorizing the Contractor to proceed with the Work and establishing the date of commencement of the Work.

Official Bidding Document - A separately bound manual which contains copies of all documents to be submitted as the bid.

Owner - City of Stockton.

Paragraph - For references or citation purposes, refers to the paragraph(s), called out by paragraph number and alphanumeric designator.

Person - Includes firms, companies, corporations, partnerships, and joint ventures.

Project - The undertaking to be performed under the provisions of the Contract.

Project Manual - Those Contract Documents which are bound into one or more volumes prior to bidding.

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Provide - Furnish and install, complete in place.

Punch List - List of incomplete items of work and of items of work which are not in conformance with the Contract.

Resident Engineer - Construction Manager or his designee.

Shall - Refers to actions by either the Contractor or the City and means the Contractor or City has entered into a covenant with the other party to do or perform the action.

Shown - Refers to information presented on the Drawings, with or without reference to the Drawings.

Site - The property as described in the General Conditions or as shown on the Drawings.

Soils Engineer - Shall mean the Engineer, or at his discretion, may mean the Geotechnical Engineer.

Specifications - That part of the Contract Documents consisting of the General Conditions, Supplementary Conditions, General Requirements, applicable State Standard Specifications, and Technical Specifications.

Specify - Refers to information described, shown, noted or presented in any manner in any part of the Contract.

Standard Specifications - The City of Stockton Standard Specifications and Plans in effect at the time of advertising the Work.

State of California Specifications - The State of California Department of Transportation Standard Specifications in effect at the time of advertising the Work. Also referred to as State Standard Specifications and Cal Trans Standard Specifications.

Subcontractor - A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor, does not include any separate contractor or any separate contractor's subcontractors.

Submittals - The information which is specified for submission to the Construction Manager in accordance with the Project Manual.

Substantial Completion - Substantial Completion is the date upon which written acceptance by the City has occurred stating that the construction of facilities is sufficiently completed in accordance with the Contract Documents, such that specific facilities can be utilized for the purpose for which they are intended, and the City thereupon takes beneficial occupancy of each facility.

Sub-subcontractor - A sub-subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub-subcontractor means a sub-subcontractor or an authorized representative thereof.

Supplier - Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a special design, and may also be a Subcontractor or a Sub-subcontractor.

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Surety - The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law.

Value Engineering - Modifications to the project which are proposed by the Contractor and which provide the product or services equivalent to that called for in the project specifications, but at lower cost than the cost of those products or services designated in the specifications.

Will - Actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action.

Work - The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract.

Working Day - Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the Construction Manager toward the completion of the Contract. A working day is equivalent to

1.45 calendar days.

2.0 ABBREVIATIONS
Whenever the following terms are used, the intent and meaning shall be as follows:

Abbreviations Stands For
AASHTO American Association of State and Highway and Transportation Officials
AAMA Architectural Aluminum Manufacturers Association
ABMA American Boiler Manufacturers Association
ACI American Concrete Institute
ADC Air Diffusion Council
AGA American Gas Association
AGMA American Gear Manufacturers Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AMCA Air Moving and Conditioning Association
ANSI American National Standard Institute (formerly United States of America Standards Institute)
APA American Plywood Association
API American Petroleum Institute
AREA American Railway Engineers Association
ASCE American Society of Civil Engineers
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Construction Managers
ASME American Society of Mechanical Engineers
ASTM American Society of Testing and Materials
AWPA American Wood-Preserver's Association
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Abbreviations Stands For (cont.)
AWS American Welding Society
AWWA American Water Works Association
CAGI Compressed Air and Gas Institute CAL/OSHA State of California Department of Industrial Relations, Division of Industrial Safety CBC California Building Code
CBM Certified Ballast Manufacturers
CBR California Bearing Ratio
CI Chlorine Institute
CISPI Cast Iron Soil Pipe Institute
CMAA Crane Manufacturers Association of America
CPSC Consumer Products Safety Commission
CRA California Redwood Association
CRSI Concrete Reinforcing Steel Institute
CTI Cooling Tower Institute
DFPA Douglas Fir Plywood Association
EIA Electronic Industries Association
EPA U.S. Environmental Protection Agency
ETL Electronic Testing Laboratory
FM Factory Mutual Insurance Company
FPS Fluid Power Society
FS Federal Specifications
GO 95 General Order No. 95, California Public Utilities Commission Rules for Overhead Electric Line Construction
HI Hydraulic Institute
HMI Hoist Manufacturers Institute
IAPMO International Association of Plumbing and Mechanical Officials IBR Institute of Boiler and Radiator Manufacturers
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society
IPCE International Power Cable Engineers Association
ISA Instrument Society of America
NAAMM National Association of Architectural Metal Manufacturers NBS National Bureau of Standards
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NPDES National Pollutant Discharge Elimination System
NSF National Sanitation Foundation
NWMA National Woodwork Manufacturers Association
OSHA Occupational Safety and Health Act
PCMAC Prestressed Concrete Manufacturers Association of California SMACNA Sheet Metal and Air Conditioning Contractors National Association
SSPC Structural Steel Painting Council TCA Tile Council of America UPC Uniform Plumbing Code
UL Underwriters Laboratories
WCLIB West Coast Lumber Inspection Bureau
WIC Woodwork Institute of California
*** END OF SECTION ***
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SECTION 01200 - PROJECT MEETINGS

1.0 PRE-CONSTRUCTION CONFERENCE
The Construction Manager will schedule a pre-construction conference and organizational meeting at the project site or other convenient location upon award and/or execution of the Contract and prior to commencement of construction activities.

1.1 Attendees
The City, Design Consultant, Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work.

1.2 Agenda
The Construction Manager will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction. The agenda may include, but may not be limited to:

1. Adequacy of distribution of Contract Documents.

2. Distribution and discussion of list of major subcontractors and suppliers.

3. Proposed progress schedules and critical construction sequencing.

4. Major equipment deliveries and priorities.

5. Project coordination.

6. Designation of responsible personnel.

7. Procedures and processing of:
a. Field decisions.
b. Proposal requests.
c. Submittals.
d. Change Orders.
e. Applications for Payment.
f. Record Documents.

8. Use of premises:
a. Office, construction, and storage areas.
b. OWNER's requirements.

9. Construction facilities, controls, and construction aids.

10. Shoring requirements and submittal of CONTRACTOR’s geotechnical report.

11. Temporary utilities.

12. Safety and first aid procedures.

13. Security procedures.

14. Housekeeping procedures.

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1.3 Minutes
Meeting minutes will be taken by the Construction Manager and distributed accordingly within fourteen (14) days. If the Contractor does not submit written objection to the contents of such minutes within seven (7) days after presentation to him, it shall be understood and agreed that the Contractor accepts the minutes as a true and complete record of the meeting.

2.0 PROGRESS MEETINGS
The Construction Manager will conduct progress meetings at the project site at regularly scheduled intervals which may be as frequent as weekly. Frequency of meetings are to be determined at the pre-construction conference.

2.1 Schedule
The dates, times and locations for the various meetings shall be agreed upon and recorded at the preconstruction conference. Subsequent changes to the schedule shall be by agreement between the Construction Manager and Contractor, with appropriate written notice to all parties involved.

2.2 Attendees
The City, Design Consultant, Construction Manager, Contractor, and its Superintendent shall each be represented at these meetings. Attendance by subcontractors, suppliers and other entities is subject to issues and/or items of the agenda which may or may not, require attendance.

2.3 Agenda
Purpose of progress meetings: To expedite work of subcontractors or other organizations that are not meeting scheduled progress, resolve conflicts, and coordinate and expedite execution of the Work.

1. Review progress of the Work, Progress Schedule, narrative report, Application for Payment, record documents, and additional items of current interest that are pertinent to execution of the Work. Verify: Actual start and finish dates of completed activities since last progress meeting.

2. Durations and progress of activities not completed.

3. Reason, time, and cost data for Change Order Work that will be incorporated into Progress Schedule and application for payment.

4. Percentage completion of items on Application for Payment.

5. Reasons for required revisions to Progress Schedule and their effect on Contract Time and Contract Price.

Discuss potential problems which may impede scheduled progress and corrective measures.

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2.4 Minutes
Meeting minutes will be taken by the Construction Manager and distributed accordingly within fourteen (14) days. If the Contractor does not submit written objection to the contents of such minutes within seven (7) days after presentation to him, it shall be understood and agreed that the Contractor accepts the minutes as a true and complete record of the meeting.

3.0 CONFERENCES
At any time during progress of the Work, the City and the Construction Manager shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend job-site conferences. Any notice of such conference shall be duly observed and complied with by the Contractor and subcontractors, suppliers, or service providers without extra cost to the City.

4.0 POST CONSTRUCTION MEETING
The Contractor shall plan, and include in its bid, all costs for a post construction meeting, including the following:

The Contractor shall:

A. Meet with and inspect the Work 11 months after date of Substantial Completion with City and Construction Manager.

B. Arrange the meeting at least 7 days before meeting.

C. Meet in the City’s office or other mutually agreed upon place.

D. Inspect the Work and draft list of items to be completed or corrected.

E. Review service and maintenance contracts, and take appropriate corrective action when necessary.

F. Complete or correct defective work and extend correction period accordingly.

G. Require attendance of Superintendent, appropriate manufacturers and installers of major units of constructions, and affected subcontractors. *** END OF SECTION***
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SECTION 01300 - SUBMITTALS

1.0 DESCRIPTION
This Section covers requirements for submittals and forms a part of all other Specification Sections in which submittals are specified or required. Refer to the specific Sections and Divisions of the Specifications for additional submittal requirements.

A. Submittal Requirements Included In This Section

1. Number of submittal copies required.

2. Progress schedule.

3. Schedule of values.

4. Shop drawings.

5. Samples.

6. Materials lists and equipment data.

7. Instruction (operation and maintenance) manuals.

8. Installation instructions.

9. Record Drawings and Specifications.

10. Certificates.

B. Submittal Requirements Covered In the Conditions of the Contract and Other Sections

1. Applications for payments.

2. Schedule of testing laboratory services.

3. Written guarantees and warranties.

4. Manufacturers' certified reports.

5. Web Based Construction Document Management.

2.0 SUBMITTAL-GENERAL REQUIREMENTS
Submit to the Owner for its review and approval technical data and drawings for all shop drawings, samples, materials lists, equipment data, software, assemblies and installations, test procedures, instruction manuals, record documents, manufacturers' equipment manuals, and other submittals required by the Technical Specifications. All such items required to be submitted for review shall be furnished by and at the expense of the Contractor and any work affected by them shall not proceed without such review. Properly prepare, identify, and transmit submittals and their contents as provided herein or as the Owner may otherwise direct. Except for record documents, test procedures, and instructional manuals for operation and maintenance, obtain submittal approval before the material or equipment covered by the submittal is delivered to the site. Contractor will not be paid for equipment or material delivered to the project site until the appurtenant submittals have been approved. Coordinate the progress schedule required under Section 01310 and the Special Provisions to this requirement.

A. Submittal Review Time Allow no less than thirty (30) days for the review of submittals, not including the time necessary for delivery or mailing, and this time shall cause no delay in the Work. Extension of the Contract Time shall not be granted because of the Contractor's failure to make timely and correctly prepared and presented submittals with allowance for the checking and review periods. All submittals shall be completed within ninety (90) days after Notice to Proceed by the City, unless the Construction Manager accepts an alternate EXHIBIT 1
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schedule for submission of submittals proposed by the Contractor. This time provision does not obligate the Construction Manager to approve submittals that may otherwise be deemed not acceptable.

B. Deviations At the time of the submission, give notice in writing in the submittal of any deviation from the requirements of the Technical Specifications and Project Plans. Clearly indicate or describe the deviations and reasons therefore, including all other changes required to correlate the Work. State in writing all variation in costs occasioned by the deviations and any assumption of the cost of all related changes if the deviation is approved.

Requirements stated in Paragraph E below shall also apply.

C. Number of Submittals Except for manufacturer's instruction manuals and samples, the Owner shall require and retain four (4) copies of all submittals, specified or required in this and all other Sections of these Specifications, for his and his representatives' use, unless otherwise specifically noted in a specific Specification section. Submit such additional number of copies, not to exceed four (4), to be reviewed and returned for your use. For submitted drawings 11 x 17 and larger, submittal of a reproducible copy set with two (2) sets of black-line printed copies is preferred and encouraged. Additional sets for the Contractor's use are not necessary in this case as the reproducible set will be returned to the Contractor marked to show the required corrections or approval.

The number of submittals required for manufacturer's instruction manuals and samples are described later in this Section.

D. Method of Submittal Deliver submittals by means of separate, dated, signed, and sequence numbered transmittals, identifying as to initial or re-submittal status, and fully describing the submittal contents. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer’s package or are so functionally related that expediency indicates checking or review of the group or package as a whole. Except as noted, do not combine in a single submittal equipment which is specified in one section of the Specifications with equipment specified in other Sections of the Specifications. Submittals are not acceptable directly from Subcontractors, suppliers, or manufacturers. In each transmittal state the Owner's Project Number and Name, Name and Address of Contractor, Name and Address of Subcontractor, Manufacturer, Supplier or Distributor as applicable, Plan Reference and Specification Section, Articles, and paragraphs to which the submittal pertains; identify accompanying data sheets, catalogs, and brochures in the same manner. Where several types or models are contained in the literature, delete non-applicable portions or specifically indicate which portions are intended and applicable. Fully index all items submitted in the transmittal letter.

E. Submittals in electronic media format

1. General: Provide all information In PC compatible format using operating system as utilized by the Construction Manager and City.

2. Text: Provide text documents and manufacturer’s literature using current version of [MS Word] [Adobe Acrobat (i.e. PDF extension)] as utilized by the [City] [and] [Construction Manager].

3. Graphics: Provide all graphic submittals (drawings, diagrams) utilizing current version of AutoCAD, Microstation, Adobe Acrobat (i.e. PDF extension) as utilized by the Construction Manager and City.

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4. Contractor using other software shall be required to provide to the Construction Manager conclusive evidence of 100 percent data transfer compatibility.

5. Delivery: Deliver submittals to Construction Mananger via email.

6. Incomplete Submittals, including those not correctly transmitted, not correctly titled and identified, or not bearing the Contractor's review and approval stamp, shall be returned to the Contractor without review.

7. Interrelated Submittals Except where the preparation of a submittal is dependent upon the approval of a prior submittal, simultaneously submit all submittals pertaining to the same class or portion of the Work.

During the preparation of submittals, informal communication and clarifications may be required between the Contractor and the City for exchange of technical information to assist and expedite preparation of complete submittals. As a result of this informal information exchange, certain minor refinements and revisions in the systems specified may be authorized informally by the City, but these shall not alter the scope of work or case increase or decrease in the Contract price. During this informal exchange, no oral statement by the City shall be construed to give formal approval of any component or method, nor shall any statement be construed to grant formal exception to, or variation from these Specifications.

F. Contractor's Review and Approval All submittals shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness and coordination.

Such responsibility shall not be delegated in whole or part to subcontractors or suppliers.

These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents. The Contractor shall ensure that there is no conflict with other submittals and notify the Construction Manager in each case where its submittal may affect the work of another contractor or the City. The Contractor shall ensure coordination of submittals among the related crafts and subcontractors.

On every submittal of shop drawings, samples, materials lists, equipment data, instruction manuals, and other submittals upon which the proper execution of the Work is dependent, mark with the Contractor's review and approval stamp certifying that (1) the submittal has been reviewed, checked, and approved and the contents have been coordinated with the requirements of the Work and the Technical Specifications and Project Plans including related Work, (2) all quantities, field measurements, field construction criteria, materials, equipment, catalog numbers, and similar data have been determined and verified, or that it shall be done, and (3) the Work covered by the submittal is recommended by the Contractor and the Contractor's guarantee shall fully apply thereto. The Contractor's stamp shall be dated and signed by the Contractor in every case.

G. Review and Approval Submittals will be reviewed only for conformance with the design concept of the Project and with the information given in the Technical Specifications and Project Plans. The approval of a separate item as such shall not indicate approval of the assembly in which the item functions nor shall approval be construed as revising, in any way, the requirements for a fully integrated and operable system as specified. The approval of submittals shall not relieve the Contractor of responsibility for any deviation from the requirements of the Technical Specifications and Project Plans or for any revision in resubmittals unless the Contractor has given notice in writing of the deviation or revision at the EXHIBIT 1
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time of submission or resubmission and written approval has been given to the specific deviation or revision. The approval of submittals shall not relieve the Contractor of responsibility for errors or omissions in the submittals or for the accuracy of dimensions and quantities, the adequacy of connections, and the proper and acceptable fitting, execution, and completion of the Work.

H. Form of Approval Review of submittals has as its primary objective the completion for the City of a project in full conformance with the Contract Plans and Specifications, unmarred by field corrections, and within the time provided. In addition to this primary objective, submittal review as a secondary objective will assist the Contractor in its procurement of equipment that will meet all requirements of the project Plans and Specifications, will fit the structures detailed on the Plans, will be completed with respect to piping, electrical, and control connections, will have the proper functional characteristics, and will become an integral part of a complete operating facility.

After review by the Design Consultant of each of the Contractor’s submissions, the material will be returned to the Contractor with actions defined as follows:

1. NO EXCEPTIONS NOTED (RESUBMITTAL NOT REQUIRED) - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission.

2. MAKE CORRECTIONS NOTED (RESUBMITTAL NOT REQUIRED) - Same as 1, except that minor corrections as noted shall be made by the Contractor.

3. AMEND AND RESUBMIT- Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Design Consultant.

4. NOT ACCEPTABLE (RESUBMIT) - Submitted material does not conform to Plans and Specifications in major respect (i.e., wrong size, model, capacity, or material).

Items 1 and 2 above (no re-submittal required) are considered “favorable review.” Items 3 and 4 above (correction and re-submittal required) are considered “unfavorable review.” It shall be the Contractor’s responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors.

I. Corrections and Re-submittals Make all required corrections and resubmit the required number of corrected submittals until approved by the Owner. Direct specific attention in writing to revisions other than the corrections called for by the Owner on previous submittals, and state in writing all variations in costs and your assumption of the cost of related changes the same as is required for deviations in 2.0B. Identify each re-submittal with number of the original submittal followed by consecutive letters starting with "A" for first re-submittal, "B" for second re-submittal, etc. The Owner reserves the right to deduct moneys from the amounts due the Contractor to cover the cost of its review time for any and all submittals beyond the second submission.

J. Check of Returned Submittals Check returned submittals for correction and ascertain if the corrections result in extra cost above that included under the Technical Specifications and Project Plans, and give written notice to the Owner within five days if, in your opinion, such EXHIBIT 1
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extra cost results from corrections. By failing to so notify the Owner or by starting any Work covered by a submittal, all claims for extra costs resulting from required corrections are waived.

K. Conformance Do not purchase, fabricate, deliver, construct, or commence any Work represented by required submittals until the applicable submittal has been approved.

Conform Work to the approved submittals and all other requirements of the Technical Specifications and Project Plans unless subsequently revised by contract change order, in which case prepare and submit revised submittals as may be required. Do not proceed with any related Work which may be affected by the Work covered under submittals until the applicable submittals have been approved, particularly where piping, machinery, equipment, concrete work and the required arrangements, embedments and clearances are involved.

L. Piecemeal Submittals Except for reinforcing steel submittals, piecemeal submittals shall be returned un-reviewed. However, for mechanical equipment and the like, separate submittals for embedded items, embedded metal work and anchors shall be reviewed.

3.0 SCHEDULE OF VALUES
Submit to the Owner for acceptance, in the form directed by or acceptable to the Owner, a complete schedule of the values of the various portions of the Work to coincide with the construction schedule, including quantities and unit prices aggregating the Contract Price (except in cases and to the extent that accepted unit prices form the basis for payment). In the schedule, subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction and to coordinate with the progress schedule required for this Work. Provide support data to substantiate its correctness as required by the Owner. Include with each item in the schedule of values, its proper share of overhead and profit. An unbalanced breakdown providing for overpayment to the Contractor on items of Work which would be performed first will not be approved. The schedule of values, when accepted by the Owner, shall be used only as a basis for the Contractor's applications for payment and not for additions to or deductions from the Contract Price. Provide the initial submittal for the schedule of values at the preconstruction conference as per Section 01200.

4.0 PROGRESS SCHEDULE
Refer Section 01310, Construction Schedule.

5.0 SHOP DRAWINGS
Each submittal shall be complete with respect to dimensions, design criteria, materials, connections, bases, foundations, anchors, and the like, and shall be accompanied by technical and performance data as necessary to fully illustrate conformance with the Technical Specifications and Project Plans. Provide the number of submittal sets as indicated in paragraph 2.0C of this Section.

A. Title Block and Identification On each shop drawing, provide a space for the Engineer's approval or correction stamp and a title block showing the following:

1. Name and address of Contractor.

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2. Name and address of Subcontractor, manufacturer, supplier, or distributor, as applicable.

3. Name and address of Owner.

4. Date, scale of drawings, and identification number.

5. Revision date, number, and brief description.

6. Contractor's review and approval stamp.

7. Owner's Number.

8. Plan Reference and Specification Section reference.

9. Project Name.

B. Preparation and Size Details and information shall be clearly drawn, dimensioned, noted, and cross referenced. Unless otherwise approved, prepare shop drawings of the same size as the Contract Drawings or on 8-1/2 by 11 inch or 11 x 17 inch sheets as applicable.

Maximum sheet size shall be 22 inches by 34 inches. Refer to Paragraph 2.0C above regarding use of a reproducible copy set for the larger drawings.

Submittal and record drawings shall be drafted and submitted in AutoCAD with two copies of half sheet drawings and a magnetic media copy on a CD.

C. Data Unless the following data is included in the instruction manuals or equipment data submitted prior to or with the shop drawings, submit with the shop drawings complete catalog and technical data for all manufactured products, materials, machinery, and equipment covered by the shop drawing submittal. Include data showing for each item, as applicable, the following information:

1. Manufacturer's specifications and details.

2. Applicable technical data and performance curves.

3. Preparation, assembly, and installation instruction with allowable tolerances.

4. Connection requirements.

5. Pre-start-up servicing and operating methods.

6. Other data and information necessary to demonstrate that the proposed items conform to the Technical Specifications and Project Plans.

D. Information Required Shop drawings shall contain details and information fully developing the pertaining Technical Specifications and Project Plans requirements and such other information as may be specified or required for approval, including but not limited to:

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1. Related work with cross references to applicable portions of the Technical Specifications and Project Plans.

2. Dimensions including variations between indicated dimensions and actual conditions.

3. Physical configurations with critical dimensions for clearance, access, and servicing.

4. List of materials including fasteners and connectors.

5. Structural construction and assemblies, welds shown by AWS symbols, and each fastener and connector shown by type and class.

6. Grouting work, including grouting space and material.

7. Concrete foundations and bases for machinery and equipment including joints, joint filler and sealer, and reinforcing.

8. Anchor bolt details showing type and class, sizes, embedments, projections, and locations measured with respect to permanent structural features. An anchor bolt template shall be shown on the Shop Drawings and shall be furnished unless waived in writing by the Owner.

9. Protective coatings and factory finishes fully described as to materials, number of coats, plated and metallic coating finishes, treatments, and similar information, all based on specified requirements. The term "as specified" is not acceptable for this purpose.

10. Machinery and equipment details. Standard catalog items need not be illustrated in detail, but indicate and detail sizes, supports, and connections.

11. Location of auxiliary items that are parts of machinery and equipment including sight glasses, petcocks, gauges, lubrication fittings and access, and maintenance monitoring devices.

12. Piping systems and piping including layout, fittings, valves, appurtenances, hangers and supports, and sleeves.

13. Electrical equipment showing plans, elevations, sections, arrangements, materials, anchor bolts, supports, weights, wiring and circuit diagrams, internal connections, busses, grounding, conduit spaces, layout of instruments, gages, meters, and other components. Diagrams shall carry a uniform and coordinated set of wire numbers and terminal block numbers to permit cross-referencing between the contract document drawings, the drawings prepared by the Contractor’s installer, and equipment Technical Manual Drawings. Drawing number cross-referenced shall be provided.

14. Written descriptions fully describing the operation of all control circuits, start-up sequencing, shut down sequencing and alarms.

15. Underground duct banks showing typical details of conduits, joints, spacers, and means of securing conduits in place during concrete placement.

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16. Dielectric connections, and materials and methods to be used to isolate aluminum from dissimilar materials.

17. Full-size lettering layouts for data plate and nameplate inscriptions.

E. Details and Connections Satisfactorily detail all connections required to complete the Work, including details necessary to make indicated or specified additions to existing work or to provide connections for future work. Design connections and parts of strength to withstand, without adverse deflection or stress, all loads or pressures to which they may be subjected and to develop the strength of the members or parts connected. In no case shall the connections, parts, or details be inferior to those required by the Technical Specifications or Project Plans.

F. Related Work The term "by others" is not acceptable for the description of related work shown in the shop drawings. Clearly note by name or description the Contractor, Subcontractor, or trade to provide such related Work; where such name or description is missing, it shall be understood and agreed that the Contractor is to furnish and install such related Work.

G. Clearances Do not proceed with any related Work that may be affected by piping, machinery, equipment, or other work therein until shop drawings and data showing all components with acceptable clearances have been approved.

H. Composite Shop Drawings With Installation Layouts Prepare and submit drawings, wherever specified or required, to resolve tight or conflicting field conditions. Show dimensional plans and elevations of the materials or equipment of all trades in the involved area or space, and include complete information as to arrangements, locations, clearances, avoidance of interferences, access, sizes, supports, connections, services, assembly, disassembly, and installation. Composite shop drawings and layouts shall be coordinated in the field by the Contractor and his Subcontractors for proper relationship to the Work of all trades, based on field conditions, and shall be checked and approved by them before submittal. Contractor shall have competent technical personnel readily available for such coordinating and checking.

6.0 SAMPLES
Where samples are required in any of the following Specification Sections, unless otherwise specified, each sample submittal shall include two sets of samples. One set of approved samples and all disapproved samples shall be returned to the Contractor. Samples of value retained by the Owner shall be returned to the Contractor after completion of the Work if the Contractor's first transmittal of the sample requests its return. Approved samples of manufactured items returned to the Contractor may be installed in the Work if the location is recorded and the samples bear temporary identification as such.

A. Identification Label or tag each sample or set of samples identifying the manufacturer's name and address, brand name, catalog number, intended use and other data as required by these Specifications.

B. Colors, Patterns, and Textures For items required to be of selected and approved colors, patterns, textures, or other finish, submit sufficient samples to show the range of shades, EXHIBIT 1
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tones, values, patterns, textures, or other features corresponding to the instructions and requirements specified.

C. Field-Applied Paint and Coatings Submit samples of finishes at least 60 days prior to start of such finishing operations in conformance with requirements specified in Section 09900, Painting and Protective Coatings.

D. Factory Finish Colors of material specified to be furnished with a factory finish are subject to approval. Submit duplicate samples of factory finishes showing the full range of available colors for selection and approval when requested by the Owner.

7.0 MATERIALS LISTS AND EQUIPMENT DATA
Within thirty (30) days after the Notice to Proceed, the Contractor shall submit a List of Materials to the Construction Manager for review. The List shall include all items of equipment and materials for mechanical, piping, architecture, electrical, heating and ventilating, equipment piping, and plumbing work; and the names of manufacturers with whom purchase orders have been or will be placed. Items on the List shall be arranged in the same order as in these Specifications, and shall contain sufficient data to identify precisely the items of material and equipment the Contractor proposes to furnish. The List shall include the Specifications or Drawing references. After the submission is favorably reviewed and returned to the Contractor by the Construction Manager, it shall become the basis for the submission of detailed manufacturer’s drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth elsewhere in the Contract Documents. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal.

In determining acceptability, consideration shall be given to the availability of maintenance and replacement parts and materials, the availability of manufacturer's technical representatives, other factors that relate to the maintenance and repair of installed items without excessive inconvenience to the Owner, guarantees and warranties, as well as determination of conformance with the Technical Specifications and Project Plans.

A. Materials Furnished Under Standard Specifications For materials specified by reference to standard or reference specifications, prepare and submit for approval a list of such materials by manufacturer's names and identifications to the extent requested by the Owner.

B. Material Lists Neatly bind submittal copies with sturdy labeled covers. Copies shall contain an index listing the contents. Loose submittals shall be returned un-reviewed. For each item listed, include the manufacturer's name and address, trade or brand name, local supplier's name and address, catalog numbers and cuts, brochures, terms and conditions of manufacturer's guarantee and warranty, other information to fully describe the item, and supplementary information as may be required for approval. Mark cuts, brochures, and data to indicate the items proposed and the intended use. Provide the number of submittal sets as specified in Paragraph 2.0C above.

C. Equipment Data Submit complete technical and catalog data for every item of mechanical and electrical equipment and machinery to be incorporated in the Work, including components. Submittal copies shall be bound, indexed, and contain information as required in paragraph 7.0B for submittal of materials lists and shall further include specific information on performance and operating curves and data, ratings, capacities, characteristics, efficiencies, and other data to fully illustrate and describe the items as may be specified or EXHIBIT 1
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required for approval, in particular, equipment incorporating logic circuits shall have a draft of a detailed theory of operation. Data shall be submitted in sets covering complete systems or functioning units. The number of submittal sets required shall be as specified in Paragraph

2.0C above.

D. Foreign Materials which are manufactured, produced or fabricated outside of the United States shall be delivered to a distribution point in Stockton, unless otherwise required in these specifications or the special provisions, where they shall be retained for a sufficient period of time to permit inspection, sampling, and testing.

Attention is directed to the provisions in Section 00700-6.5 Liquidated Damages. The Contractor shall not be entitled to an extension of time for acts or events occurring outside of the United States and it shall be the Contractor’s responsibility to deliver materials obtained from outside of the United States to the point of entry into Continental United States in sufficient time to permit timely delivery to the job site.

The Contractor, at no cost to the City, shall supply the facilities and arrange for any testing required in Stockton which the City is not equipped to perform. All testing by the Contractor shall be subject to witnessing by the City.

The manufacturer, producer or fabricator of foreign material shall furnish to the City a Certificate of Compliance. In addition, certified mill test reports clearly identifiable to the lot of material shall be furnished where required in these specifications or otherwise requested by the City.

8.0 INSTRUCTION MANUALS
Obtain data from the various manufacturers and submit instruction (operation and maintenance) manuals covering all mechanical and instrumentation equipment and machinery installed in the Work.

A. Contents Each manual shall have an index listing the contents. Information in the manuals shall include not less than:

1. General, introduction and overall equipment description, purpose, functions, and simplified theory of operation.

2. Specifications.

3. Installation instructions, procedures, sequences, and precautions, including tolerances for level, horizontal, and vertical alignment.

4. Grouting requirements including grout spaces and materials.

5. List showing lubricants for each item of mechanical equipment, approximate quantities needed per year, and recommended lubrication intervals; where possible, types of lubricants shall be consolidated with equipment manufacturers' approval to minimize the number of different lubricants required for plant maintenance.

6. Start-up and beginning operation procedures.

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7. Operational procedures.

8. Shutdown procedures.

9. Short and long term inactivation procedures.

10. Maintenance, calibration, repairs and rebuilds instruction.

11. Parts lists and spare parts recommendations.

12. Lists of all special tools, instruments, accessories, and special lifting and handling devices required for periodic maintenance, repair, adjustment, and calibration.

13. Wiring diagrams and detailed circuit operation description.

14. Performance curves and data.

15. Other information as may be specified or required for approval.

In addition to the above information, the Contractor, with the assistance of the respective equipment manufacturer, shall complete and include as part of the instruction manual for all equipment and machinery, the City of Stockton’s “Preventative Maintenance Modification/Addition Request Form.” A copy of the subject form is included at the end of this Section for information. Both pages of the entire form must be completed by the Contractor. Clean copies of this form will be provided to the Contractor for his use. A copy of the City of Stockton’s “PM Procedure Number and Description Report” will be provided to the Contractor and is to be used in completing the aforementioned form.

B. Format and Organization

1. Use drawings and pictorials to illustrate the printed text as necessary to fully present the information.

2. Where information covers a family of similar items of equipment, identify the applicable portions by heavy weighted arrows, boxes or circles, or strike-out the inapplicable information. Non-conforming data are not acceptable and shall be returned for rework and re-submittal. The submittal cover should state the method used to identify the applicable portions.

3. Incorporate into books all Manufacturers' Equipment Manuals including those specified in pertinent Sections of the Specifications. These books shall be organized by Equipment Class in same manner and sequence as the Specifications, i.e. Mechanical, Electrical, Instrumentation, etc. Book size and quantity shall be sufficient for inclusion of all data, and be of type and quality hereinafter specified in Paragraph 8.0C below.

4. Within each book of manuals, provide a Table of Contents for that book. If more than one book is necessary for a Class of Equipment, place a complete Table of Contents for that Class of Equipment within each book of that Class.

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5. In addition, an overall Index of Contents shall be prepared in the same number of sets as required below for the final manuals and submitted separately to the Owner for his insertion in the Operation and Maintenance Manuals.

6. When a manufacturer's manual exceeds one inch in thickness and is bound as specified in Paragraph 8.0C it need not be rebound within another book, but the Overall Index shall refer to it by title and indicate that it is bound separately.

7. Electronic assembly drawings: Detailed circuit schematics, circuit board drawings, and chassis layouts shall be provided for all electrical and electronic equipment as part of the submittal. The circuit schematics, circuit board drawings, and chassis layouts shall clearly show, locate, and identify all components and component wiring. Circuit boards and circuit board components shall be identified by the original manufacturer’s name and part number. Component values and tolerance shall be shown.

8. Drawings: Preprinted drawings provided by manufacturers of off-the-shelf equipment may be used if the drawings are an integral part of an offset printed O&M Manual, are not larger than 11-inches by 17-inches, are clearly legible when reproduced using conventional office copying machines, and, in the opinion of the Construction Manager, satisfy the requirement of these specifications. One reproducible of the O&M Manual drawing original must be supplied for each O&M Manual drawing larger than 11-inches by 17-inches, and must satisfy all drawing requirements specified herein. Those preprinted O&M Manual drawings, which are not acceptable, or which must be modified or corrected to show the actual as-built design, shall be redrawn as new speciallyprepared shop drawings. Acceptable equipment manufacturer’s drawings incorporated into equipment operating and maintenance manuals need not be duplicated or removed from the manuals.

C. Manual Binding

1. Bind all materials in sturdy three-ring loose leaf binders designed to provide full view opening and ease of making content additions or replacements. Maximum binder size shall be three (3) inches, with this binder size containing not more than 21/2 inches of material. Binders of smaller thickness shall contain correspondingly less material. All bound material shall be three-hole punched; loose material shall not be permitted.

Prints larger than 11 x 17 inches shall be inserted into a clear plastic cover envelope equipped with a three-hole tab on one edge suitable for inserting in the above described binders.

2. Permanently label face of cover and bound edge of each book "MANUFACTURERS' INSTRUCTION MANUAL," and indicate Class of Equipment, i.e., Mechanical, Electrical, Instrumentation, etc. or name specific equipment if a single unit is contained.

Where more than one book is needed for a Class of Equipment or a single specific equipment unit, number books consecutively BOOK I, BOOK II, etc.

3. If more than one Class of Equipment is contained in a book, separate each class with a tabbed stiff divider insert page.

4. Prior to purchase or delivery, submit samples of each intended type of binder and obtain approval from the Owner.

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D. Manual Submittals Submittals shall include three (3) complete copies of each manual, one of which shall be returned to the Contractor marked to show the required corrections or approval. When approved, the Contractor shall deliver four (4) sets of unmarked (without review comments) manuals to the Owner. The Contractor shall submit preliminary instruction manuals at least ten (10) days prior to the start of Factory Acceptance test.

In addition to the above information, the Contractor, with the assistance of the respective equipment manufacturer, shall complete and include as part of the instruction manual for all equipment and machinery the City of Stockton's "Equipment Data and Preventive Maintenance Tasks Sheet.” A copy of the subject form is included at the end of this Section for information.

9.0 INSTALLATION INSTRUCTIONS
In addition to the instructions submitted under the above Section 8.0, submit copies of manufacturers' installation instructions for material and equipment incorporated in the Work to the extent specified in other Sections and Divisions of the Specifications or requested by the Owner for its review. Installation instructions shall be reviewed for general adequacy only. After review, the Contractor shall distribute copies to all those involved with the instructions.

10.0 CITY PERSONNEL TRAINING PLAN
The Contractor shall submit a training plan at least fourteen (14) days prior to the start of any required City personnel training. Training plans shall describe the training course objectives, the scope of subjects to be covered, course outline including approximate time devoted to each subject, course materials to be provided by the Contractor, training aids to be used and training methods to be used (lecture, demonstration, student practice, etc.). The submittal shall include resumes for instructors of each class demonstrating the instructor’s qualifications.

11.0 OTHER SUBMITTALS
Provide copies of other submittals such as calculations, manufacturer's certified reports, operational demonstration and system validation reports specified in other Sections and Divisions of the Specifications.

12.0 STORAGE INSTRUCTIONS
For each equipment and material item furnished, provide for the Owner's records two (2) copies of the manufacturer's recommended instructions for storage of the respective equipment or material.

The instructions shall address conditions both before installation and (for mechanical, electrical and instrumentation equipment) after installation but before placing into continuous operation. Submit manufacturer's storage instructions either prior to delivery of the material/equipment or with the request for payment of materials delivered. Payment for materials delivered shall not be approved without submittal of the manufacturer's storage instructions.

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13.0 TOOLS, ACCESSORIES, SPARE PARTS, AND MAINTENANCE MATERIALS Furnish and deliver all special tools, instruments, accessories, spare parts, and maintenance materials required by the Technical Specifications and Project Plans, and furnish and deliver the special tools, instruments, accessories, and special lifting and handling devices shown in the approved instruction manuals. Unless otherwise specified or directed, deliver the items to the Owner, with the Contractor's written transmittal accompanying each shipment, in the manufacturers' original containers labeled to describe the contents and the equipment for which it is furnished. Where specifically required in the Section covering the material, furnish a metal cabinet to house this equipment.

Provide spare parts and special tool lists. The list shall show the manufacturer’s/supplier’s name, address, and telephone number, the quantity of spare parts and special tools required for each item of equipment provided under division 17, and the current list price of each.

14.0 RECORD DRAWINGS AND SPECIFICATIONS
Maintain one record copy of all Drawings, Specifications, Addenda, Modifications, approved submittals, correspondence, and transmittals at the site in good order and readily available to the Owner. Clearly and correctly mark the Record Drawings and the Record Specifications annotated to show all changes made during the construction process at the time the changed Work is installed.

No such changes shall be made in the Work unless previously authorized by a Modification or by specific approval of deviations or revisions in submittals.

A. Buried and Concealed Work Record the precise location of all piping, conduits, ducts, cables, and like Work that is buried, embedded in concrete or masonry, or concealed in wood or metal framed walls and structures at the time such Work is installed and prior to concealment. Each feature of the concealed Work, such as the beginning and end of straight runs, radius center point of curved runs, angles, connections, plugged tees or other fittings for future connections, and like items shall be accurately located by not less than two dimensions to permanent structures. The depth below finish grade, slab, or paving shall be noted for buried pipe, conduit, or ducts at the beginning and end of straight grade runs and at all grade change points, excepting sewer or drain lines run between manholes. Should the Contractor fail to record such buried or concealed Work, he shall uncover the unrecorded Work to the extent required by the Owner and shall satisfactorily restore and reconstruct the removed Work with no change in the Contract Price or the Contract Time.

B. Delivery Upon completion and prior to final inspection of the Work, and as a condition of final payment, submit the Record Drawings and Specifications to the Owner for review, and make such revisions or corrections as may be necessary for them to be a true, complete, and accurate record of the Work in the opinion of the Owner. When approved, the Contractor shall deliver the Record Drawings and Specifications to the Owner.

15.0 REVISION OF SUBMITTALS
Whenever a contract change order causes a change to the information contained in previously approved submittals, submit information and data corresponding to the changed requirements for approval. Submit revisions following the procedure required for previously approved submittals.

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16.0 CERTIFICATES
Each certificate required under the Contract or in any of the following Sections shall be signed by the individual, office, or agent lawfully authorized to execute the certificate, and such authority shall be cited in the certificate by title, description, or other acceptable evidence. All certificates shall be sworn as to the correctness and validity of the contents. Where specifically required in the respective section, certificates shall be notarized and duplicate copies of required certificates shall be notarized to be true copies.

A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications and any such material not conforming to such requirements will be subject to rejection whether in place or not.

The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Construction Manager.

17.0 EARTHQUAKE DESIGN AND RESTRAINT
Design, construct and attach all manufactured equipment supplied under this Contract, and as noted in the respective technical Sections, to resist stresses produced by seismic forces specified in this Section. Rigidly attach equipment that does not vibrate during normal operation. For equipment that vibrates during normal operation, attach by means of isolators with mechanical stops that limit movement in all directions unless it can be demonstrated by calculations that such stops are not required. Restrain equipment or portions of equipment that move during normal operation with mechanical devices that prevent displacement unless it can be demonstrated by calculations that such restraints are not required.

A. Work Included The work included in this Paragraph includes, but is not limited to, the following: All electrical equipment, cabinets and casework plus contents, electrical panels and lighting fixtures.

B. Minimum Earthquake Forces Except as provided herein, base calculations on the minimum earthquake forces prescribed for Essential Facilities by the 2010 California Building Code as published by California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, CA 95833-2936.

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C. Include calculations with submittals of shop drawings, details and data specified in respective technical Sections of these Specifications. Calculations must bear the original seal and signature of a Professional Engineer or a Structural Engineer licensed in California and who provided responsible charge for the design.

18.0 CONSTRUCTION PHOTOGRAPHS
The Contractor shall perform pre-construction and post-construction survey of all existing structures, pavements and other above ground facilities within the project limits prior to beginning any work, noting their condition by means of dated photographs supplemented by written documentation, where applicable.

Color photographs shall be taken with a digital camera at locations that are appropriate to show pre-existing conditions and after constructed conditions. Each photograph shall show the date and time the photograph was taken and clearly be labeled showing the location, viewing direction, and any special features noted. Two (2) 4”x6” copies of each photograph shall be submitted to the City.

The photographs shall be indexed, inserted in a plastic viewing folder.

Full compensation for pre-construction survey shall be included in the contract price for the various items of work involved, and no additional compensation will be allowed therefore.

18.1 SUMMARY
A. Section includes requirements for:

1. Pre-construction photographs.

2. Pre-construction videos.

3. Post-construction photographs.

4. Post-construction videos.

B. The purpose of the photographs and videos is to document the condition of the facilities prior to the Contractor beginning work at the Project site and after Substantial Completion of the Work.

C. Areas to be photographed and videoed shall include the site of the Work and all existing facilities either on or adjoining the Project site, including the interior of existing structures, that could be damaged as a result of the Contractor’s Work.

D. The scope of the photographic and video graphic documentation shall be the sole responsibility of the Contractor, but shall be acceptable to the Construction Manager.

E. Related sections:

1. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

2. It is the Contractor’s responsibility for scheduling and coordinating the Work of subcontractors, suppliers, and other individuals or entities performing or furnishing any of Contractor’s Work.

3. The following Sections are related to the Work described in this Section. This list of Related Sections is provided for convenience only and is not intended to excuse or otherwise diminish the duty of the Contractor to see that the completed Work complies accurately with the Contract Documents.
a. Section 01200 - Project Meetings.

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b. Section 01700 - Closeout Procedures.

18.2 SUBMITTALS
F. Key plan: Submit key plan of Project site with notation of vantage points marked for location and direction of each photograph. Include the same label information as the corresponding set of photographs.

G. Photographs:

1. Paper media:
a. Submit 4 prints of each photographic view within 7 days of taking photographs. b. Format:
1) 4- by 6-inch photos.
2) Photographs shall be enclosed in clear plastic sleeves that are punched for standard 3-ring binders.
c. Identification: On back or below each print, provide the following information:
1) Name of project.
2) Date photograph was taken.
3) Description of vantage point, indicating location and direction by compass point.

2. Digital media:
a. Provide photos as individual, indexed JPG files with the following characteristics:
1) Compression shall be set to preserve quality over file size. 2) Highest resolution JPG images shall be submitted. Resizing to a smaller size when high resolution JPGs are available shall not be permitted. 3) JPG image resolution shall be 800 by 600 or higher.
4) Images shall have rectangular clean images. Artistic borders, beveling, drop shadows, etc., are not permitted.

H. Videos:

1. Submit 4 copies of each video within 7 days of recording.

2. Videos shall be submitted in a digital color video format on a DVD suitable for playback on a standard DVD player.

3. Identification: On each copy provide a label with the following information:
a. Name of project.
b. Date video was recorded.

I. Pre-construction photographs and videos: Submit prior to beginning work at the Project site or prior to the Preconstruction Conference specified in Section 01200, whichever occurs earlier.

J. Post-construction photographs and videos: Submit with project closeout documents as specified in Section 1300.

18.3 MEDIA
K. Paper media:

1. Commercial grade, glossy surface, acid-free photographic paper.

L. Digital media:

1. 120 millimeters, 700-MB, 80-minute CD compatible with Microsoft Windows XP.

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M. Videos:

1. 120 millimeters, DVD compatible with standard DVD players.

18.4 GENERAL
N. Photographs (paper and digital media):

1. Date stamp: Unless otherwise indicated, date and time stamp each photograph as it is being taken so stamp is integral to photograph.

O. Videos:

1. Display continuous running time. At start of each video recording, record weather conditions from local newspaper or television and the actual temperature reading at Project site. No additional compensation shall be provided for construction photographs and all costs therefore shall be included in the overall bid for construction of the project. *** END OF SECTION ***
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Equipment Data & PM Tasks
(One Entity per Sheet - please circle one: new or additional) Equipment Tag #: Date installed:

Equipment Name: Warranty Start Date:

Equipment Initial Value: Warranty End Date:

Equipment Description: Supplier Name:

Manufacturer Name: Model NO: Serial NO:

Equipment Location:

Misc. Equipment
Size: Manufacturer: Capacity: Model NO:

Voltage: Serial NO:

Phase: Hertz:

Pumps
Galons Per Minute: Seal Type:

Size: Manufacturer:

RPM: Model NO:

TDH: Serial NO:

Type: Voltage:

Phase: Hertz:

Motors
Frame: Phase:

RPM: Horsepower:

Voltage: Weight:

Amerpage: Manufacturer:

Model NO: Serial NO:

Control Voltage:

Engines
Primary Fuel: Manufacturer:

RPM: Model NO:

Cylinders: Serial NO:

Horsepower:

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Generator
Manufacturer: Amps:

Model NO.: Phase:

Serial NO.: Power Factor:

KVA: Frame:

Voltage: KW:

Fan Specs
Manufacturer: Wheel Diam, Inches:

Model NO.: Discharge:

Serial NO.: Rotation:

Type: BHP:

Weight: SP (in. wg):

CFM:

Valve Specs
Manufacturer: Actuator Type:

Model NO.: Body Type:

Serial NO.: Material:

Voltage: Connection Type:

Service: Size:

PM Tasks
NO of Days/Hours Task NO Task Description Est Time
Start
Date

NO. of Days/Hours: How often does this task need to be completed? Task NO.:

If this is a new task, leave the task number blank and write out the description of the new task.

Est. Time: What is the estimated time to complete the task? Start Date: When should this task start?
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SECTION 01310 - PROGRESS SCHEDULE

1.0 CONSTRUCTION SCHEDULE
The schedule shall be submitted within ten (10) days of Notice to Proceed and favorably reviewed by the Construction Manager before the first partial payment can be made.

The Contractor shall provide with its schedule a procedural outline of the system shutdowns and proposed tie-in procedures, which shall be subject to the favorable review of the Construction Manager and the City.

1.1 General
The Progress Schedule for this Project will also be referred to as the CPM Schedule.

The Contractor shall designate, in writing, an authorized representative in its firm who will be responsible for the preparation, revising, and updating of the CPM Schedule. The Contractor's representative shall have direct project control and complete authority to act on behalf of the Contractor in fulfilling the construction scheduling requirements set forth herein, and such authority will not be interrupted throughout the duration of the Project. The requirements for the CPM Schedule are included to assure adequate planning and execution of the work and to assist the Construction Manager in appraising the reasonableness of the proposed schedule and evaluating progress of the work.

Within seven (7) days from award of the Contract, the Contractor shall submit to the Construction Manager demonstration of competence in the use of CPM Scheduling, including evidence of the use of CPM Scheduling on projects of similar value and complexity. In the event of the failure of the Contractor to satisfy the Construction Manager of its CPM Scheduling competence, the Contractor will be required to employ a qualified CPM consultant who regularly performs these services and who in the opinion of the Construction Manager possesses the qualifications required to perform CPM Scheduling for this Project.

Demonstration of competence in the use of CPM Scheduling shall be indicated by providing evidence to verify capability of using the critical path method (CPM) of construction by submitting: (1) Information regarding at least two construction projects, complete with description of the work, valued at least equal to the expected value of this Project, which were successfully controlled by the Contractor or its CPM consultant throughout their duration by means of CPM Scheduling and periodic systematic reviews of the CPM Schedules; (2) The Contractor's or its CPM Consultant's experience in the application of CPM Scheduling techniques for construction projects of similar size and complexity; (3) The Contractor's or its CPM consultant's library of computer programs for production of CPM Schedules; and (4) Information regarding the Contractor's or its CPM consultant's computer facilities (either by possession or contractual access).

The person designated by Contractor as its authorized representative for scheduling, whether an employee or a Consultant, shall be available onsite as needed, and shall attend project meetings as called for by the Construction Manager for proper explanation of all schedule updates. All scheduling software and hardware shall be located onsite.

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1.2 Preliminary Progress Schedule

1.2.1 Within ten (10) days after receipt of Notice to Proceed, the Contractor shall submit two (2) copies of a Preliminary Progress Schedule in the form of an arrow or precedence diagram covering the following project phases and activities:
a. Procurement and Submittals, including shop drawings and fabrication and delivery of key and long lead time procurement activities.

1. The Contractor's submittal information shall show intended submittal dates and shall be incorporated into the base project schedule.

2. The delivery information shall include realistic delivery dates for the procurement activities.
b. The activities planned for the first 90 days in the execution of the Work. c. The approach to scheduling the remaining activities or phases of the Work. The Work for each phase or activity shall be represented by at least one summary activity and the sum of the summary activities shall equal the Contract Time. d. Approximate cost and duration for each summary activity representing the Contractor's best estimate for the work the summary activity represents.

1.2.2 The Preliminary Progress Schedule shall describe the activities to be accomplished and their dependency subject to all requirements under these Construction Schedule provisions, as appropriate. Work activities, other than procurement activities, shall be cost-loaded. The Preliminary Progress Schedule will be used temporarily to record and monitor the progress of the Work until the Base Schedule specified hereinafter, has been completely developed and approved. Recorded data on the Preliminary Progress Schedule shall be incorporated into the Base Schedule during the first schedule update.