Vernon City Council
January 16, 2024

1. Lump Sum. By mutual acceptance of a lump sum proposal from Contractor properly itemized
and supported by sufficient substantiating data to permit evaluation. Such proposal shall be
based solely on Allowable Costs, as defined in Subparagraph 6.06-C, and Allowable Mark-Ups,
as defined in Subparagraph 6.06-E, and shall not include any costs or expense that is not
permitted by the terms of any provision of the Contract Documents.

2. Unit Prices. By unit prices contained in Contractor’s original Bid and incorporated in the Contract
Documents or fixed by subsequent agreement between City and Contractor. Unless otherwise
stated in the Bidding Documents, unit prices stated in the Contract Documents or agreed upon
by the County and Contractor shall be deemed to include and encompass all Allowable Markups.

3. Time and Materials. By calculating the actual Allowable Costs directly incurred, plus a sum for
Allowable Mark-Ups on such Allowable Costs.

4. Deletion of Work. By Unit Prices contained in Contractor’s original Bid and incorporated in the
Contract Documents, or by using the Schedule of Values to determine the value of the decrease
of the Contract Sum, less the value of any Work performed, plus a reasonable percentage of
the decrease for the Contractor’s saved overhead unless the Schedule of Values allocates
general conditions costs to individual line items, in which case no percentage of the decrease
shall be added. When a change consists of both addition and deletion of Work, the added costs
and deleted costs shall be calculated separately, and then added together, resulting in the net
cost for the change. The Allowable Mark-Up shall be applied to this net cost.

B. Contractor Maintenance of Daily Records for
Changes

1. In the event that Contractor is directed to perform any Extra Work, or should Contractor
encounter conditions which the Contractor believes would obligate the City to adjust the Contract
Sum and/or the Contract Time, Contractor shall maintain detailed records of the cost of such
changes on a daily basis summarized in a daily report supplemented by back-up records.

Such
records shall include without limitation:
a.
b.
c.

Labor. At the close of each day on which such Extra Work is performed, Contractor
shall submit an Extra Work labor report, on forms provided by Director, to Director that
sets forth a list of the actual hours spent in performing the Extra Work, that clearly
differentiates between the labor expended on the Extra Work and other Work, and the
Allowable Costs for such Extra Work performed that day showing the names of
workers, their classifications, hours worked and hourly rates.

Materials, Equipment. A list of Allowable Costs of materials and equipment consumed
in the performance of the Extra Work on the day on which such Extra Work is
performed, together with copies of applicable delivery tickets and unit prices for all
materials and for all equipment used the type of equipment, identification number,
hours of operation (including loading and transportation) and hourly/daily rates involved
for that day.

Other Services or Expenditures. A list of other services and expenditures constituting
Allowable Costs incurred in performance of the Extra Work on the day on which such
Extra Work is performed, along with documentation verifying the amounts thereof in
such detail as Director may require.

2. In the event that more than one change to the Work is performed by the Contractor in a calendar
day, Contractor shall maintain separate records of labor, construction equipment, materials, and
equipment for each such change. In the event that any Subcontractor of any tier shall provide
or perform any portion of any change to the Work, Contractor shall require that each such
Subcontractor maintain records in accordance with this Section.

3. Each daily record maintained hereunder shall be signed by Contractor; such signature shall be
deemed Contractor’s representation and warranty that all information contained therein is true,
accurate, complete, and relates only to the change referenced therein. All records maintained
by Subcontractors of any tier, relating to the costs of a change in the Work shall be signed by
such Subcontractor’s authorized project manager or superintendent.

All such records shall be forwarded to the Director on the day the Work is performed (same day)
for independent verification. The Director shall attempt to review and reconcile costs for
changes on a daily basis. Records not available on the day on which the Extra Work is
performed, such as, but not limited to, material invoices, shall be submitted as soon as they are
available but not later than five (5) calendar days after the earlier of the day of delivery or
incorporation of the particular item of Extra Work at the Site.

4. The Director may additionally require authentication of all time and material tickets and invoices
by persons designated by the Director for such purpose. In the event that Contractor shall fail
or refuse, for any reason, to maintain or make available for inspection, review, and/or
reproduction such records, adjustments to the Contract Sum or Contract Time, if any, on account
of any change to the Work may be deemed waived for that day. Contractor’s obligation to
maintain back-up records hereunder is in addition to, and not in lieu of, any other Contractor
obligation under the Contract Documents with respect to changes to the Work.

5. Waiver by Contractor. Failure to submit such records as are required by this Paragraph daily
shall waive any rights for recovery of Allowable Costs incurred for Extra Work performed that
day. The failure of the Contractor to secure any required authentication shall, if the City elects
in its sole discretion to treat it as such, constitute a waiver by the Contractor of any right to
adjustment of the Contract Sum for the Allowable Cost of all or that portion of the Extra Work
covered by such non-authenticated ticket or invoice.

C. Allowable Costs
The term “Allowable Costs” shall mean in the case of Extra Work actual costs incurred by Contractor
and/or any Subcontractor, regardless of tier, and necessarily involved in direct performance of the
Extra Work, or in the case of deleted work the actual costs that would have been incurred in
performing deleted work by Contractor and/or any Subcontractor, regardless of tier, and shall be
limited to the following costs:

1. Labor. Straight-time wages or salaries, and overtime wages and salaries specifically authorized
by City in writing, for employees employed at the site, or at fabrication sites off the site, in the
direct performance of the Extra Work or that would have been incurred in the direct performance
of the deleted work, based on the actual cost for wages prevailing locally for each craft or type
of workers at the time the Extra Work is done or the deleted work is ordered eliminated.

Labor
costs for equipment operators and helpers shall be reported only when such costs are not
included in the invoice for equipment rental. The use of labor classification which would increase
the Allowable Cost for Extra Work will not be permitted unless Contractor establishes the
necessity for such additional costs.

2. Benefits. Payroll taxes, insurance, health and welfare, pension, vacation, apprenticeship funds
and benefits required by lawful collective bargaining agreements for employees on straight-time
wages or salaries, and on overtime wages and salaries specifically authorized by City in writing,
for employees employed at the site, or at fabrication sites off the site, in the direct performance
of the Extra Work or that would have been incurred in the direct performance of the deleted
work.

3. Materials, Consumables. Costs of materials and consumable items which are furnished and
incorporated into the Work, as approved by City, or that would have been incorporated into the
Work in the case of deleted work shall be at the lowest price available to Contractor but in no
event shall such costs exceed competitive wholesale prices obtainable from other
Subcontractors, suppliers, manufacturers and distributors in the general vicinity of the site. If
City determines, in its discretion, that the cost of materials is excessive, or if Contractor fails to
furnish satisfactory evidence of the cost from the actual supplier thereof, then in either case the
cost of the materials shall be deemed to be the lowest wholesale price at which similar materials
are available in the quantities required at the time they were needed. The City reserves the right
to furnish such materials as it deems advisable, and Contractor shall have no claim for costs or
profits on materials so furnished. Material invoices must be included with the extra work report
to obtain payment.

4. Taxes. Sales taxes on the costs of materials and consumable items described in Paragraph

5.04-C.3 above.

5. Tool, Equipment Rental. Rental charges for necessary machinery and equipment, whether
owned or hired, as authorized in writing by City, exclusive of hand tools, used directly in the
performance of the Extra Work or that would have been used in the direct performance of the
deleted work. Regardless of ownership, such rental charges shall not exceed the hourly rate
derived from the most recently published “Rental Rate Blue Book for Construction Equipment”
or the “Rental Rate Blue Book for Older Construction Equipment,” as published by K111, San Jose, California, which is in effect at the time of commencement of the changed work. The
Contractor shall attach a copy of the rate schedule to the daily reports required by Paragraph

6.06-B, above. The charges for any machinery and equipment shall cease when the use thereof
is no longer necessary for the Extra Work or deleted work. No charge shall be allowed for use
of equipment or tools which have a replacement value of $500 or less. The allowable rental
rates shall include the cost of fuel, power oil, lubrication, supplies, small tools, necessary
attachments, loading, transportation, repairs and maintenance of any kind, depreciation,
storage, insurance, and all incidentals. Notwithstanding the provisions of Paragraph

6.06-E
below, no mark-up shall be allowed for overhead, profit or bond premiums for use of equipment
if the equipment is supplied by an equipment rental firm. If equipment is used intermittently and,
when not in use, could be returned to its rental source at less expense to City than holding it at
the Site, it shall be returned, unless Contractor elects to keep it at the Site at no expense to City.

Costs incurred while equipment is inoperative due to breakdowns, regular maintenance, or for
non-Working Days shall not be allowed. The rental time shall include the time required to move
the equipment to the Work from the nearest available source for rental of such equipment and
to return it to the source. If such equipment is not moved by its own power, then loading and
transportation will be allowed. Neither moving time nor loading and transportation costs will be
paid if the equipment is for use on the Project unrelated to the Extra Work. All equipment shall
be acceptable to City, in good working condition, and suitable for the purpose for which it is to
be used.

6. Royalties. Additional or saved costs of royalties due to the performance of the Extra Work or
deleted work.

7. Insurance, Bonds. Additional or saved costs of insurance and bonds, provided, however, that
for Extra Work such costs shall not exceed one percent (1%) of Items 1 through 6 D. Costs Not Allowed above.

Allowable Costs shall not include any of the
following:

1. Wages, salaries, fringe benefits and payroll taxes of Contractor’s and all Subcontractor’s noncraft labor (above a Foreman level);

2. Overhead (including home office overhead), administrative or general expenses of any kind
including engineering, estimating, scheduling, drafting, detailing, etc., incurred in connection

3. Vehicles not dedicated solely for the performance of the extra of deleted with Extra Work; work;

4. Small tools (replacement value not exceeding $500);

5. Office expenses, including secretarial and administrative staff, materials and supplies;

6. On-site and off-site trailer and storage rental and expenses;

7. Site fencing;

8. Utilities, including gas, electric, sewer, water, telephone, telefax, copier equipment;

9. Computer and data processing personnel, equipment and software;

10. Federal, state of local business income and franchise taxes;

11. Losses of efficiency or productivity; and

12. Costs and expenses of any kind or item not specifically and expressly included in Paragraph

6.06-C.

E. Allowable MarkUp

1. Extra Work by contractor (Markup): The following percentages shall be added to the Contractor’s
costs and shall constitute the markup for all overhead and profits: Labor Materials
Equipment Rental
Other Items and Expenditures
33%
15%
15%
15%

2. Extra Work by Subcontractor (Markup): When all or any part of the extra work is performed by a
Subcontractor, the markup provided for the Contractor in 6.06.E.1 shall apply to the
Subcontractor’s actual costs. A markup of 5% on the subcontracted portion of each extra work
may be added for the Contractor.

F. Net Allowable Costs
If anyone scope change involves both Extra Work and deleted work in the same portion of the Work
and the additive allowable costs exceed the deductive allowable costs, the Allowable Markups on
the Extra Work will be only the difference between the two amounts. 6.07 CITY ORIGINATED REQUEST FOR ITEMIZED CHANGE ORDER PROPOSAL

REQUEST
City may issue a Construction Change Directive or other written request to Contractor describing a proposed
change to the Work and requesting the Contractor submit an itemized change order proposal in a format
acceptable to City within ten (10) calendar days after City issues the request. The Contractor's change order
proposal shall include an analysis of impacts to cost and time, if any, to perform additional work, change
Work or delete Work, as applicable, including the effects and impacts, if any, on unchanged Work, estimates
of costs (broken down by the cost categories listed in this Paragraph), and Contractor's proposed methods
to minimize costs, delay, and disruption to the performance of the Work. If Contractor fails to submit a written
change order proposal within such period of time, it shall be presumed that the change described in the City's
original proposal request will not result in an increase to the Contract Sum or Contract Time and the change
shall be performed by Contractor without additional compensation to Contractor. City's request for itemized
change order proposal request does not authorize the Contractor to commence performance of the change.

If City desires that the proposed change be performed, the Work shall be authorized according to the Change
Order or Construction Change Directive procedures set forth herein.

6.08 CONTRACTOR ORIGINATED CHANGE ORDER

REQUEST (COR)
If the Contractor believes that instructions issued by the City after the effective date of the Contract will result
in changes to the Contract Sum or Contract Time or if the Contractor otherwise becomes aware of the need
for or desirability of a change in the Work, Contractor may submit a written Change Order Request ("COR")
to the City in writing, in a format acceptable to City and in accordance with the notice provisions and other
requirements of Article 7 below for Claims. The COR must specify the reasons for the proposed change, cost
impacts and relevant circumstances and impacts on the Construction Schedule. The document shall be
complete in its description of the Work, its material and labor quantities and detail, and must support and
justify the costs and credits claimed by the Contractor. A Critical Path Method schedule Fragnet is required
to support and justify any additional time of performance requested by the Contractor. The City will not review
any COR which is incomplete. The Contractor may request additional compensation and/or time through a
COR but not for instances that occurred more than ten (10) calendar days prior to the notice date.

Contractor's
failure to initiate a COR within this ten-day period or to provide detailed back-up documentation to
substantiate the COR within thirty (30) calendar days of the initial written notice shall be deemed a waiver of
the right to adjustment of the Contract Sum or the Contract Time for the alleged change. Any COR that is
approved by the City shall be incorporated in a Change Order or Construction Change Directive. If the COR
is denied but the Contractor believes that it does have merit, the Contractor shall proceed with the disputed
Work and may submit a Claim in accordance with the procedures set forth herein.

6.09 ISSUANCE OF WORK DIRECTIVE
(UNILATERAL).

In the event of a dispute as to whether or not Extra Work is required, City shall have the right to unilaterally
issue a Work Directive; Contractor shall continue performance of disputed Work pending resolution and shall
maintain and submit to City all accounting and cost data necessary to substantiate Contractor’s cost of such
disputed Work.
[END OF
ARTICLE]

ARTICLE 7 - CONTRACT PAYMENTS AND CLAIMS

7.01 GENERAL
A.

B.

C.

Payment will be made at the price for each item listed on the bidding form or as Extra Work as provided
in the General Conditions.

Initial progress payment will not be made prior to approval by the Director of the Schedule of Values,
the Construction Progress Schedule, and the Schedule of Submittals.

No subsequent progress payment will be made prior to receipt by the Director of the monthly revision
of the Construction Progress Schedule.

7.02 SCHEDULE OF VALUES FOR

PAYMENTS
A. Submission
Upon City’s request, the three (3) lowest bidders shall complete and submit a Preliminary Schedule
of Values, within seven (7) calendar days.

In addition, Contractor shall complete and furnish within seven (7) calendar days after receiving the
Notice of Award of the Construction Contract a Final Schedule of Values giving a complete
B. breakdown of the Contract Sum for each component of the Work. Content The Schedule of Values shall be in sufficient detail as the Director may, in its discretion, deem
necessary to evaluate progress at any point in the performance of the Work. Unless otherwise
specified in the Contract Documents, the Schedule of Values shall include, without limitation, a
breakdown of the general categories of Subcontractor work, direct overhead, profit and contingency,
and a further breakdown of the general categories of Subcontractor work into separate trade line
items of costs for Subcontractor services, labor and material, which is based on actual Subcontractor
contract, subcontract, purchase order or vendor prices. If requested by Director, Contractor shall
revise the Schedule of Values to allocate sums for Contractor overhead, profit and/or contingency
among the individual line items for trade portions of the Work. No amounts shall be reflected in the
Schedule of Values or Application for Payment for Extra Work or Deleted Work for which a Change
Order has not been executed by Contractor and City or for which a Construction Change Directive
has not been issued by City. Amounts that have been mutually agreed to by Change Order or
unilaterally determined by City pursuant to a Construction Change Directive shall be segregated from
the cost of the base Contract Work and separately listed by line item in the Schedule of Values. The
Schedule of Values must be prepared in sufficient detail and supported by sufficient data to
substantiate its accuracy as the Director may require.

C. Applications for
Payment
The Schedule of Values, when approved by the Director, shall be used as a basis for Contractor's
Applications for Payment and may be considered as fixing a basis for adjustments to the Contract
Sum.

D. Revisions
If, at any time, it is determined that the Schedule of Values does not allocate the Contract Sum in a
manner that reasonably and fairly reflects the actual costs anticipated to be progressively incurred

7.03 APPLICATIONS FOR by Contractor, it shall be revised and resubmitted for the Director’s approval.

PAYMENT
A.

B.

Marked Schedule of
Values
Five (5) Days prior to the date set forth in Paragraph 7.03-B below for the monthly progress payment
meeting, Contractor shall submit to Director a copy of the proposed Schedule of Values, marked to
show the percentage of completion certified by Contractor for each line item in the Schedule of
Values, including any stored materials approved for payment by City pursuant to Paragraph

7.03-D,
below and any withholdings from Contractor proposed by Director.

Monthly Review
For the purpose of expediting the progress payment procedure, Contractor shall meet with the
Director on or before the twentieth (20th) day of each month to review the Contractor's marked
Schedule of Values prepared in accordance with Paragraph 7.03-A, above. The Director shall revise
as appropriate and sign the marked Schedule of Values to verify such review. If any item in the
marked Schedule of Values submitted for payment is disputed during this review, Contractor agrees
to use its best efforts to resolve the disputed items with the Director before submitting its Application
for Payment. If the Director and Contractor cannot agree, then the percentage completion shall be
established at such percentage as the Director, in good faith, determines is appropriate to the actual
progress of the Work. No inaccuracy or error in the Director’s good faith estimate shall operate to
release Contractor or Surety from any responsibility or liability arising from or related to performance
of the Work. The Director shall have the right subsequently to correct any error and dispute any item
submitted in Contractor's Application for Payment, regardless of whether an item was identified as
disputed in the review process provided for herein.

C. Certification
Each Application for Payment shall be signed and certified by Contractor under penalty of perjury to
City that:

1. The data comprising the Application for Payment is accurate and the Work has progressed to
the point indicated;

2. To the best of Contractor's knowledge, information and belief, the Work is in accordance with
the Contract Documents;

3. Contractor is entitled to payment in the amount certified; and

4. All sums previously applied for by Contractor on account of Work performed by Subcontractors
and that have been paid by City have been paid to the Subcontractors performing such Work,
without any retention, withholding or backcharge by Contractor.

D. Stored Materials
Payments may be made by City, at its discretion, on account of materials or equipment not
incorporated into the Work but delivered on the ground at the Site and suitably stored by Contractor
or stored off-Site under the control of City. Such payments shall only be considered upon submission
by Contractor of satisfactory evidence that it has acquired title to same, that the material or equipment
will be utilized in the Work and that the material is satisfactorily stored, protected and insured, and
that such other procedures are in place satisfactory to City to protect City's interests.

To be
considered for payment, materials or equipment stored off-Site shall, in addition to the above
requirements and unless otherwise specifically approved by City in writing, be stored in a bonded
warehouse, fully insured, and available to City for inspection. City shall have sole discretion to
determine the amount of material and equipment that may be stored on the Site at any given time.

7.04 PROGRESS PAYMENTS
A. Conditions to Progress
Payments
Contractor shall submit its Application for Payment to the Director, using such forms as required by
City, once a month on or before the first (1st) Day of the month following the month in which the
Work that is the subject of such Application for Payment was performed. Without limitation to any
other provisions of the Contract Documents, the following shall be conditions precedent to a proper
submission and to the Director approval of each Application for Payment:

1. Submission of a Schedule of Values that reflects the percentages of completion either agreed
to or determined by Director in accordance with Paragraph 7.03-B, above;

2. Submission of the Contractor's certification required by Paragraph 7.03-C, above;

3. Submission of conditional releases of stop notice, if any, and bond rights upon progress
payment, complying with California Civil Code Section 8132, for all Work performed during the
time period covered by the current Application for Payment, signed by Contractor, its
Subcontractors of every tier, and all material suppliers to each, and (2) forms of unconditional
release of stop notice and bond rights upon progress payment, complying with California Civil
Code Section 8134 for all Work performed during the time period covered by the previous
Application for Payment, signed by Contractor, its Subcontractors of every tier and all material
suppliers to each;

4. Compliance by Contractor with its obligation for maintenance of As-Builts as required by the
Contract Documents;

5. Compliance by Contractor with its obligation for submission of monthly and daily reports as
required by the Contract Documents;

6. Compliance by Contractor with its obligations for submission of scheduling information and
updating of the Construction Schedule as required by Article 4, above and other provisions of

7. Submission of certified payroll records as required by the Contract the Contract Documents pertaining to preparation or updating of schedule information; Documents;

8. Submission of certifications by Contractor and each Subcontractor as required by applicable
collective bargaining agreements certifying that all employee benefit contributions due and

owed pursuant to any applicable collective bargaining agreement have been paid in full; and

9. Compliance by Contractor with all of its other obligations for submission of documentation or
performance of conditions which, by the terms of the Contract Documents, constitute conditions
B. Payments by City to Contractor's right to receive payment for Work performed.

Pursuant to California Public Contract Code Section 20104.50, City shall make progress payment of
undisputed sums due within thirty (30) Days after receipt by Director of an undisputed and properly
submitted Application for Payment, calculated on the basis of ninety-five percent (95%) of value
determined pursuant to Paragraph 7.03-B above of the following:

1. The portion of the Work permanently installed and in place;

2. Plus, the value of materials delivered on the ground or in storage as approved by City pursuant
to Paragraph 7.03-D, above,

3. Less, the aggregate of previous payments, and

4. Less, any other withholdings authorized by the Contract Documents.

Rejection by City
C.

D.

Any Application for Payment determined not to be undisputed, proper and suitable for payment shall
be returned to Contractor as soon as practicable, but not later than seven (7) Days, after receipt by
City accompanied by an written explanation of the reasons why the payment request was rejected.

Failure by City or Director to either timely reject an Application for Payment or specify any grounds
for rejection shall not constitute a waiver of any rights by City. Applications for Payment that are
rejected shall be corrected and resubmitted within seven (7) Days after receipt by Contractor.

Interest
If City fails to make a progress payment to Contractor as required by Paragraph 7.04-B, above, City
shall pay interest to Contractor equivalent to the legal rate set forth in subdivision (a) of California
Code of Civil Procedure Section 685.010. The number of Days available to City to make payment
pursuant to Paragraph 7.04-B, above without incurring interest pursuant to this Paragraph shall be
reduced by the number of Days by which City exceeds the seven (7) Day return requirement
applicable to City as set forth in Paragraph 7.04-C, above.

7.05 FINAL

PAYMENT
A. Retention
ln addition to withholdings permitted by Paragraph 7.09 below, a sum equal to five percent (5%) of
all sums otherwise due to Contractor as progress payments shall be withheld by city pursuant to
Paragraph 7.04-B from each progress payment (“Retention”) and retained until such time as it is due
as described herein. A higher Retention amount may be approved by the City Council where project
is deemed “substantially complex” by City Council.

B. Conditions to Final
Payment
Contractor shall submit its Application for Final Payment, using such forms as required by Director,
prior to requesting a final inspection of the Work in accordance with Paragraph 3.06 above. Such
Application for Final Payment shall be accompanied by all the following: 1. An affidavit that payrolls, bills for materials and equipment, and other indebtedness connected
with the Project for which City or City's property or funds might be liable have been paid or

2. Contractor’s certification as required by Paragraph 7.03-C, otherwise satisfied; above;

3. Consent of surety, if any, to Final Payment;

4. A certificate evidencing that the insurance required by the Contract Documents is in force;

5. Conditional Waiver and Release Upon Final Payment in the form required by California Civil
Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all material

6. Unconditional Waiver and Release Upon Progress Payment in the form required by suppliers of each, covering the final payment period; California
Civil Code Section 8136 executed by Contractor, all Subcontractors of every tier and by all

7. All Record Documents (including, without limitation, complete and accurate As-Built material suppliers of each, covering the previous payment period; drawings
which shall be kept up to date during the performance of the Work);

8. Documentation that Contractor has inspected, tested, and adjusted performance if every system
or facility of the Work to ensure that overall performance is in compliance with the terms of the

9. Four (4) copies of all warranties from vendors and Subcontractors, operation and Contract Documents; maintenance
manuals, instructions and related agreements, and equipment certifications and similar

10. Certifications by Contractor and each Subcontractor as required by applicable documents; collective
bargaining agreements that all employee benefit contributions due and owing pursuant to any

11. Releases of rights and claims relating to patents and trademarks, as required by the applicable collective bargaining agreement have been paid in full; Contract
Documents; and

12. Any other documents or information required by the Contract Documents as a condition of Final
Payment or Final Completion.

C. Final Payment
Pursuant to the Public Contract Code Section 7107, within sixty (60) Days after City issues the Notice

of Completion to Contractor, the Final Payment, including Retention, shall be released to Contractor,
subject to the City’s right to withhold 150% of any disputed amounts.

D. Disputed Amounts
Pursuant to California Public Contract Code 7107, City may deduct and withhold from the Final
Payment due under Paragraph 7.05-C, above, an amount up to 150% of any disputed amounts,
including, without limitation, amounts to protect City against any loss caused or threatened as a result
of Contractor's failing to fully perform all of those obligations that are required to be fulfilled by
Contractor as a condition to Final Completion and Final Payment. Alternatively, City may elect, in its
sole discretion, to accept the Work without correction or completion and adjust the Contract Sum
pursuant to the Contract Documents.

E. Acceptance of Final
Payment
Acceptance of Final Payment by Contractor shall constitute a waiver of all rights by Contractor
against City for recovery of any loss, excepting only those Claims that have been submitted by
Contractor in the manner required by the Contract Documents prior to or at the time of the Final
Payment.

7.06 MISCELLANEOUS
A. Joint Payment
City shall have the right, if deemed necessary in its sole discretion, to issue joint checks made
payable to Contractor and any Subcontractor(s) of any Tier. The joint check payees shall be solely
responsible for the allocation and disbursement of funds included as part of any such joint payment.

Endorsement on such check by a payee shall be conclusively presumed to constitute receipt of
payment by such payee. In no event shall any joint check payment be construed to create any
contract between City and a Subcontractor of any Tier, any obligation from City to such Subcontractor
or any third party rights against City or Director.

B. Withholding/Duty to
Proceed
The payment, withholding or retention of all or any portion of any payment claimed to be due and
owing to Contractor shall not operate in any way to relieve Contractor from its obligations under the
Contract Documents. Contractor shall continue diligently to prosecute the Work without reference
to the payment, withholding or retention of any payment. The partial payment, withholding or
retention by City in good faith of any disputed portion of a payment, whether ultimately determined
to be correctly or incorrectly asserted, shall not constitute a breach by City of the Construction
Contract and shall not be grounds for an adjustment of the Contract Sum or Contract Time.

C.

D.

No Acceptance
No payment by City or partial or entire use of the Work by City shall be construed as approval or
acceptance of the Work, or any portion thereof.

Contractor Payment
Warranty
Submission of an Application for Payment shall constitute a representation and warranty by
Contractor that:

1. Title to Work covered by an Application for Payment will pass to City either by incorporation into
the construction or upon receipt of payment by Contractor, whichever occurs first; and

2. Work covered by previous Applications for Payment are free and clear of liens, stop notices,
claims, security interests or encumbrances imposed by the Contractor or any other E. Corrections person.

No inaccuracy or error in any Application for Payment provided by Contractor shall operate to release
Contractor from the error, or from losses arising from the Work, or from any obligation imposed by
the Contract Documents. City retains the right to subsequently correct any error made in any
previously approved Application for Payment, or progress payment issued, by adjustments to
subsequent payments.

7.07 PAYMENTS BY

CONTRACTOR
Contractor shall not include in its Applications for Payment sums on account of any Subcontractor's portion
of the Work that it does not intend to pay to such Subcontractor. Upon receipt of payment from City, Contractor
shall pay the Subcontractor performing Work on the Project, out of the amount paid to Contractor on account
of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled in accordance
with the terms of its contract with Contractor and applicable laws, including, without limitation, California Public
Contract Code Section 7107. Contractor shall remain responsible notwithstanding a withholding by City
pursuant to the terms of these Contract Documents, to promptly satisfy from its own funds sums due to all
Subcontractors who have performed Work that is included in Contractor's Application for Payment.

Contractor
shall, by appropriate agreement, require each Subcontractor to make payments to its subcontractors and
material suppliers in similar manner. City shall have no obligation to pay or be responsible in any way for
payment to a Subcontractor of any tier or material supplier.

7.08 PAYMENTS

WITHHELD
A. Withholding by
City
In addition to any other amounts which City may have the right to retain under the Contract
Documents, City may withhold a sufficient amount of any payment otherwise due to Contractor as
City, in its sole discretion, may deem necessary to cover actual or threatened loss due to any of the
following:

1. Third Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating
probable filing of such claims or stop notices. City shall promptly inform Contractor of any third

2. Defective Work. Defective Work not party claims related to this Contract; remedied;

3. Nonpayment. Failure of Contractor to make proper payments to its Subcontractors for services,
labor, materials or equipment;

4. Inability to Complete. Reasonable doubt that the Work can be completed for the then unpaid
balance of the Contract Sum or within the Contract Time;

5. Violation of Applicable Laws. Failure of Contractor or its Subcontractors to comply with
applicable laws or lawful orders of governmental authorities;

6. Penalty. Any claim or penalty asserted against City by virtue of Contractor’s failure to comply
with applicable laws or lawful orders of governmental authorities (including, without limitation

7. Failure to Meet Contract Time. Any damages which may accrue as a result of labor laws); Contractor failing
to meet the Construction Schedule or failing to perform within the Contract Time;

8. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding
offset or set off or that would legally entitle City to a set-off or recoupment;

9. Consultant Services. Additional professional, consultant or inspection services required due to
Contractor’s failure to comply with the Contract Documents;

10. Liquidated Damages. Liquidated damages assessed against Contractor;

11. Materials. Materials ordered by City pursuant to the Contract Documents; 12. Damages. Loss caused by Contractor or Subcontractor to City, Separate Contractors or any
other person or entity under contract to City;

13. Clean Up. Clean up performed by City and chargeable to Contractor pursuant to the Contract
Documents;

14. Employee Benefits. Failure of Contractor to pay contributions due and owing to employee
benefits funds pursuant to any applicable collective bargaining agreement or trust

15. Required Documents. Failure of Contractor to submit on a timely basis, proper and agreement; sufficient
documentation required by the Contract Documents, including, without limitation, Construction
Schedule updates, ‘look ahead’ schedules, Submittals, Schedules of Values, information on
Subcontractors, Change Orders, certifications and other required reports or documentation; and

16. Other Breach. A breach of any obligation or provision of the Contract Documents.

Release of Withholding
B.

C.

If and when City determines, in its sole discretion, that the above grounds for withholding have been
removed and that all losses incurred or threatened have been paid, credited or otherwise satisfied, then
payment shall be made for amounts withheld because of them. Application of Withholding
City may apply sums withheld pursuant to Paragraph 7.08-A above, in payment of any loss or
threatened loss as City determines, in its sole discretion, to be appropriate. Such payments may be
made without a prior judicial determination of City’s actual rights with respect to such loss.

Contractor
agrees and hereby designates City as its agent for such purposes, and agrees that such payments
shall be considered as payments made under Construction Contract by City to Contractor.

City shall
not be liable to Contractor for such payments made in good faith. City shall submit to Contractor an
accounting of such funds disbursed on behalf of Contractor. As an alternative to such payment, City

may, in its sole discretion, elect to exercise its right to adjust the Contract Sum as provided in the
Contract Documents.

D. Continuous Performance
Provided City pays the undisputed portion, if any, of funds withheld in good faith, Contractor shall
maintain continuous and uninterrupted performance of the Work during the pendency of any disputes

7.09 SUBSTITUTION OF or disagreements with City.

SECURITIES
A. Public Contract Code
Pursuant to the requirements of California Public Contract Code Section 22300, upon Contractor’s
request, City will make payment to Contractor of any funds withheld from payments to ensure
performance under the Contract Documents if Contractor deposits with City, or in escrow with a
California or federally chartered bank in California acceptable to City (“Escrow Agent”), securities
eligible for the investment of State Funds under Government Code Section 16430, or bank or savings
and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or
any other security mutually agreed to by the Contractor and the City, upon the following conditions:

1. Contractor shall be the beneficial owner or any securities substituted for monies withheld for the
purpose of receiving any interest thereon.

2. All expenses relating to the substitution of securities under Public Contract Code Section 22300
and under this Paragraph 7.04, including, but not limited to City’s overhead and administrative

3. Securities or certificates of deposit substituted for monies withheld shall be of a value of expenses, and expenses of Escrow Agent shall be the responsibility of Contractor. at least
equivalent to the amounts of retention to be paid to Contractor pursuant to the Contract

4. If Contractor chooses to deposit securities in lieu of monies withheld with an Escrow Documents.

Agent,
Contractor, City and Escrow Agent shall, as a prerequisite to such deposit, enter into an escrow
agreement, using the City’s form, “Escrow Agreement for Deposit of Securities in Lieu of
Retention.”

5. Contactor shall obtain the written consent of Surety to such agreement.

6. Securities, if any, shall be returned to Contractor only upon satisfactory Final Completion of the
Work.

B. Substitute Security
To minimize the expense caused by such substitution of securities, Contractor shall, prior to or at the
time Contractor requests to substitute security, deposit sufficient security to cover the entire amount to
be withheld. Should the current market value of such substituted security fall below the amount for
which it was substituted, or any other amounts which the City withholds pursuant to the Contract
Documents, Contractor shall immediately and at Contractor’s expense and at no cost to City deposit
additional security qualifying under Public Contract Code Section 22300 until the current market value
of the total security deposited is no less than the amount subject to withholding under the Contract

Documents. Securities shall be valued as often as conditions of the securities market warrant, but in
no case less frequently than once per month.

C. Deposit of Retentions
Alternatively, subject to the conditions set forth in Paragraph 7.04-A above, upon request of
Contractor, City shall make payment of retentions directly to Escrow Agent at the expense of
Contractor, provided that Contractor, City and Escrow Agent shall, as a prerequisite such payment,
enter into an escrow agreement in the same form as prescribed in Part 4 of Paragraph A, above. At
the expense of Contractor and at no cost to City, Contractor may direct the investment of the
payments into securities and interest bearing accounts, and Contractor shall receive the interest
earned on the investments. Escrow Agent shall hold such direct payments by City under the same
terms provided herein for securities deposited by Contractor. Upon satisfactory Final Completion of
the Work, Contractor shall receive from Escrow Agent all securities, interest and payments received
by Escrow Agent from City, less escrow fees and charges of the Escrow Account, according to the
terms of Public Contract Code Section 22300 and the Contract Documents.

D. Time for Election of Substitution of
Securities
Notwithstanding the provision of 7.04 A, B, and C above and California Public Contract Code Section
22300, the failure of Contractor to request the Substitution of eligible securities for monies to be withheld
by City within ten (10) days of the award of Contract to Contractor shall be deemed to be a waiver of
all such rights.

7.10 CLAIMS
A. Arising of Claim.

1. Scope Change. When Contractor has a claim for an increase in the Contract Sum or Contract
Time due to a scope change which has not yet become final, a “claim” will be deemed to arise
once the Director has issued a decision denying, in whole or in part, the Contractor’s Change
Order Request.

2. Other Claims. In the case of a Claim by Contractor that does not involve an adjustment to the
Contract Sum or Contract Time due to a scope change and which has not become final, the
Claim may be asserted if, and only if, Contractor gives written notice to City of intent to file the
Claim within three (3) days of the date of discovery relative to such circumstances (even if
Contractor has not yet been damaged or delayed). Such written notice of intent to file a Claim
shall be valid if, and only if, it identifies the event or condition giving rise to the Claim, states its
probable effect, if any with respect to Contractor's entitlement to an adjustment of the Contract
Sum or Contract Time and complies with the requirements of Paragraph 7.11-B, below. For
purposes of this Paragraph 7.11, a Claim for which such written notice is required and has been
given by Contractor shall be deemed to arise on the date that such written notice is received by
City.

B. Content of Claim
A Claim by Contractor must include all of the
following:

1. A statement that it is a Claim and a request for a decision on the Claim;

2. A detailed description of the act, error, omission, unforeseen condition, event or other
circumstance giving rise to the Claim.

3. If the Claim involves an adjustment to the Contract Sum or Contract Time due to a change in
scope, a statement demonstrating that all requisite notices were provided, including, without
limitation, timely written notice and a Change Order Request as required by Article 6 of these
General Conditions and timely notice of delay and request for extension of time in accordance
with Article 3. If the Claim does not involve an adjustment to the Contract Sum or Contract Time
due to a change in scope, a statement demonstrating that a notice of intent to file the Claim was
timely submitted as required by Paragraph 7.10-A.2, above;

4. A detailed justification for any remedy or relief sought by the Claim including without limitation,
a detailed cost breakdown in the form required for submittal of Change Order Requests and

5. If the Claim involves a request for adjustment of the Contract Time, written actual job cost records demonstrating that the costs have been incurred; documentation
demonstrating that Contractor has complied with the requirements of the Contract Documents
and written substantiation (including, without limitation, a Time Impact Analysis) demonstrating
that Contractor is entitled to an extension of time under the Contract Documents; and

6. A written certification signed by a managing officer of Contractor's organization, who has the
authority to sign contracts and purchase orders on behalf of Contractor and who has personally
investigated and confirmed the truth and accuracy of the matters set forth in such certification,
in the 'following form:
"I hereby certify under penalty of perjury that I am a managing officer of (Contractor's name) and
that I have reviewed the Claim presented herewith on Contractor's behalf and/or on behalf of
(Subcontractor's name) and that, to the best of my knowledge after conducting a diligent inquiry
into the facts of the Claim, the following statements are true and correct:

The facts alleged in or that form the basis for the Claim are, to the best of my knowledge
following diligent inquiry, true and accurate; and,
(a) I do not know of any facts or circumstances, not alleged in the Claim, that by
reason of their not being alleged render any fact or statement alleged in the Claim
(b) materially misleading; and, I have, with respect to any request for money or damages alleged in or that forms
the basis for the Claim, reviewed the job cost records (including those maintained
by Contractor and by any Subcontractor, of any tier, that is asserting all or any
portion of the Claim) and confirmed with reasonable certainty that the losses or
damages suffered by Contractor and/or such Subcontractor were in fact suffered
in the amounts and for the reasons alleged in the Claim; and, (c) I have, with respect to any request for extension of time or claim of delay,
disruption, hindrance or interference alleged in or that forms the basis for the
Claim, reviewed the job schedules (including those maintained by Contractor and
the Subcontractor, of any tier, that is asserting all or any portion of the Claim) and
confirmed on an event-by-event basis that the delays or disruption suffered by
Contractor and/or such Subcontractor were in fact experienced for the durations,
in the manner, and with the consequent effects on the time and/or sequence of

3. Meet and Confer. If Contractor disputes City's response, or if City fails to respond within the
prescribed time set forth in Paragraph 7.10-E.1 and 7.10-E.2, above, Contractor may so notify
City, in writing, within fifteen (15) days of City's response, or within fifteen (15) days of City’s
response due date in the event of a failure to respond, and demand an informal conference to
meet and confer for settlement of the issues in dispute. Upon such demand, City shall schedule
a meet and confer conference within thirty (30) days of such demand, for discussion of
settlement of the dispute.

F. Finality of Decision
If Contractor disputes the Director’s decision under this Article, it shall commence the Dispute
Resolution Process as set forth in Article 15 of these General Conditions by filing a Statement of
G. Dispute within seven (7) days after receipt of the Director’s response. Continuing Contract Performance/Duty to Proceed with Disputed Work
Contractor shall not delay or postpone any Work pending resolution of any claims, disputes or
disagreements. Pending final resolution of a claim, the Contactor shall proceed diligently with
performance of the Contract and the City shall continue to make payments for undisputed Work in
accordance with the Contract Documents. In the event of disputed Work, City shall have the right to
unilaterally issue a Work Directive and Contractor shall continue performance pending resolution of the
dispute and shall maintain the accounting and cost data to substantiate the cost of such disputed work.
[END OF
ARTICLE]

ARTICLE 8 - MATERIALS AND EQUIPMENT

8.01 GENERAL
A. The Contractor shall furnish all materials and equipment needed to complete the Work and installations
required under the terms of this Contract, except those materials and equipment specified to be
B. furnished by the City. The Contractor shall submit satisfactory evidence that the materials and equipment to be furnished and
used in the work are in compliance with the Specifications. Materials and equipment incorporated in
the Work and not specifically covered in the Specifications shall be the best of their kind.

Unless
otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be
new.

8.02 QUALITY AND

WORKMANSHIP
All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and
imperfections, unless otherwise hereinafter specified. Workmanship shall be in accordance with the best
standard practices. All materials and equipment must be of the specified quality and equal to approved samples,
if samples have been required. All Work shall be done and completed in a thorough, workmanlike manner,
notwithstanding any omission from the Specifications or Drawings, and it shall be the duty of the Contractor to
call attention to apparent errors or omissions and request instructions before proceeding with the Work. The
Director may, by appropriate instructions, correct errors and supply omissions, which instructions shall be binding
upon the Contractor as though contained in the original Specifications or Drawings. All Work performed under
the Specifications will be inspected by the Director as provided in Paragraph 8.04. All materials and equipment
furnished and all Work done must be satisfactory to the Director. Work, material, or equipment not in accordance
with the Specifications, in the opinion of the Director shall be made to conform thereto. Unsatisfactory materials
and equipment will be rejected, and if so ordered by the Director, shall, at the Contractor's expense, be
immediately removed from the vicinity of the Work.

8.03 8.04
TRADE NAMES AND "OR APPROVED EQUAL"

PROVISION
Whenever in the Specifications or Drawings the name or brand of a manufactured article is used it is intended
to indicate a measure of quality and utility or a standard. Except in those instances where the product is
designated to match others in use on a particular improvement either completed or in the course of completion,
the Contractor may substitute any other brand or manufacture of equal appearance, quality, and utility on
approval of the Director, provided the use of such brand or manufacture involves no additional cost to the City.

APPROVAL OF

MATERIALS
A. The Contractor shall furnish without additional cost to the City such quantities of construction materials
as may be required by the Director for test purposes. He/she shall place at the Director's disposal all
available facilities for and cooperate with him in the sampling and testing of all materials and
workmanship. The Contractor shall prepay all shipping charges on samples. No samples are to be
submitted with the bids unless otherwise specified.

B. Each sample submitted shall be labeled. A letter, in duplicate, submitting each shipment of samples
shall be mailed to the Director by the Contractor. Both the label on the sample and the letter of
transmittal shall indicate the material represented, its place of origin, the names of the producer and
the Contractor, the Specifications number and title, and a reference to the applicable Drawings and
Specifications paragraphs.

C.

D.

Materials or equipment of which samples are required shall not be used on the Work until approval has
been given by the Director in writing. Approval of any sample shall be only for the characteristics of the
uses named in such approval and no other. No approval of a sample shall be taken in itself to change
or modify any Contract requirement.

Failure of any material to pass the specified tests, including life cycle maintenance data may be
sufficient cause for refusal to consider under this Contract, any further sample of the same brand or

8.05 ORDERING MATERIALS AND make of that material.

EQUIPMENT
One copy of each of the Contractor's purchase orders for materials and equipment forming a portion of the Work
must be furnished to the Director, if requested. Each such purchase order shall contain a statement that the
materials and equipment included in the order are subject to inspection by the City. Materials and equipment
purchased locally will, at the City’s discretion, be inspected at the point of manufacture or supply, and materials
and equipment supplied from points outside the Los Angeles area will be inspected upon arrival at the job, except
when other inspection requirements are provided for specific materials in other sections of the Contract
Documents.

8.06 AUTHORITY OF THE

DIRECTOR
A.

B.

On all questions concerning the acceptability of materials or machinery, the classification of materials,
the execution of the Work, and conflicting interests of Contractors performing related work, the decision
of the Director shall be final and binding. The Director will make periodic observations of materials and completed work to observe their
compliance with Drawings, Specifications, and design and planning concepts, but he/she is not
responsible for the superintendence of construction processes, site conditions, operations, equipment,
personnel, or the maintenance of a safe place to work or any safety in, on, or about the site of work.

8.07 INSPECTION
All materials furnished and work done under this Contract will be subject to rigid inspection. The Contractor shall
furnish, without extra charge, the necessary test pieces and samples, including facilities and labor for obtaining
them, as requested by the Director. The Director, or his/her authorized agent or agents, at all times shall have
access to all parts of the shop and the works where such materials under his/her inspection is being
manufactured or the work performed. Work or material that does not conform to the Specifications, although
accepted through oversight, may be rejected at any stage of the Work. Whenever the Contractor is permitted or
directed to do night work or to vary the period during which work is carried on each day, he/she shall give the
Director due notice, so that inspection may be provided. Such work shall be done under regulations to be
furnished in writing by the Director.

8.08 INFRINGEMENT OF
PATENTS The Contractor shall hold and save the City, its officers, agents, servants, and employees harmless from and
against all and every demand or demands, of any nature or kind, for or on account of the use of any patented
invention, process, equipment, article, or appliance employed in the execution of the Work or included in the
materials or supplies agreed to be furnished under this Contract, and should the Contractor, his/her agents,
servants, or employees, or any of them, be enjoined from furnishing or using any invention, process, equipment,
article, materials, supplies or appliance supplied or required to be supplied or used under this Contract, the
Contractor shall promptly substitute other inventions, processes, equipment, articles, materials, supplies, or

appliances in lieu thereof, of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all
respects to the Director. Or in the event that the Director elects, in lieu of such substitution, to have, supplied,
and to retain and use, any such invention, process, equipment, article, materials, supplies, or appliances, as may
by this Contract be required to be supplied and used, in that event the Contractor shall at his/her expense pay
such royalties and secure such valid licenses as may be requisite and necessary to enable the City, its officers,
agents, servants, and employees, or any of them, to use such invention, process, equipment, article, materials,
supplies, or appliances without being disturbed or in way interfered with by any proceeding in law or equity on
account thereof. Should the Contractor neglect or refuse promptly to make the substitution hereinbefore required,
or to pay such royalties and secure such licenses as may be necessary and requisite for the purpose aforesaid,
then in that event the Director shall have the right to make such substitution, or the City may pay such royalties
and secure such licenses and charge the cost thereof against any money due the Contractor from the City, or
recover the amount thereof from him/her and his/her surety, notwithstanding final payment under this Contract
may have been made.
[END OF
ARTICLE]

ARTICLE 9 – SUBMITTALS

9.01 GENERAL
A. The Contractor shall submit samples, drawings, and data for the Director's approval which demonstrate
fully that the construction, and the materials and equipment to be furnished will comply with the
B. provisions and intent of the Drawings and Specifications. Specific items to be covered by the submittals shall include, as a minimum, the following:

1. 2.

3. For structures, submit all shop, setting, equipment, miscellaneous iron and reinforcement
drawings and schedules necessary.

For conduits, submit a detailed layout of the conduit with details of bends and fabricated
specials and furnish any other details necessary. Show location of shop and field welds. For equipment which requires electrical service, submit detailed information to show power
supply requirements, wiring diagrams, control and protection schematics, shop test data,
operation and maintenance procedures, outline drawings, and manufacturer's
recommendation of the interface/interlock among the equipment.

4. For mechanical equipment submit all data pertinent to the installation and maintenance of
the equipment including shop drawings, manufacturer's recommended installation
procedure, detailed installation drawings, test data and curves, maintenance manuals, and
other details necessary.

5. Samples

6. Colors

7. Substitutions

8. Manuals

9. As-built drawings
Safety plans required by Article
10 10.

9.02 9.03

PRODUCT

HANDLING
A. Submittals shall be accompanied by a letter of transmittal and shall be in strict accordance with the
provisions of this Article.

B. Submit priority of processing when
appropriate.

SCHEDULE OF

SUBMITTALS
A. The Contractor shall prepare and submit a schedule of submittals. The schedule of submittals shall be
in the form of a submittal log. Refer to Paragraph 9.12.

9.04 SHOP

DRAWINGS
A.

B.

C.

All shop drawings shall be produced to a scale sufficiently large to show all pertinent features of the
item and its method of connection to the Work.

All shop drawing prints shall be made in blue or black line on white background.

Reproductions of
City/Contract Drawings are not acceptable.

The overall dimensions of each drawing submitted to the Director shall be equal to one of the City's
standard sheet sizes as listed below. The title block shall be located in the lower right hand corner of
each drawing and shall be clear of all line Work, dimensions, details, and notes. Sheet Sizes Height X Width
11" X 8 1/2"
11" X 17"
24" X 36"
30” X 42”

9.05 COLORS
Unless the precise color and pattern are specified elsewhere, submit accurate color charts and pattern charts to
the Director for his/her review and selection whenever a choice of color or pattern is available in a specified
product. Label each chart naming the source, the proposed location of use on the project, and the project.

9.06 9.07

MANUFACTURERS'

LITERATURE
Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly
show which portions of the contents are being submitted for review.

SUBSTITUTIONS
A. The Contract is based on the materials, equipment, and methods described in the Contract Documents.

Any Contractor proposed substitutions are subject to the Director’s approval.

The Director will consider proposals for substitution of materials, equipment, and methods only when
such proposals are accompanied by full and complete technical data, and all other information,
including life cycle maintenance data, required by the Director to evaluate the proposed substitution.

B.

C.

Any requests for substitutions by the Contractor must be made within forty-five (45) calendar days from
the Issuance Date on the Notice to Proceed. Otherwise, such requests will not be considered.

Trade names and "or approved equal" provision as set forth in Paragraph

8.03. 9.08 MANUALS
A. When manuals are required to be submitted covering items included in this Work, prepare and submit such manuals in approximately 8-1/2" X 11" format in durable plastic binders. In addition, manuals
shall be submitted in electronic format. Manuals shall contain at least the following:

1. Identification on, or readable through, the front cover stating general nature of the manual.

2. Neatly typewritten index near the front of the manual, furnishing immediate information as to
location in the manual of all emergency data regarding the installation.

3. 4.

Complete instructions regarding operation and maintenance of all equipment involved.

Complete nomenclature of all replaceable parts, their part numbers, current cost, and name
and address of nearest vendor of parts.

5. 6.

Copy of all guarantees and warranties
issued.

Copy of drawings with all data concerning changes made during construction.

B. Where contents of manuals include manufacturers' catalog pages, clearly indicate the precise items
included in this installation and delete, or otherwise clearly indicate, all manufacturers' data with which

9.09 AS-BUILT this installation is not concerned.

DRAWINGS
A. When required to be submitted covering items included in this Work, the Contractor shall deliver to the City one complete set of final As-Built hard copy drawings together with a set of AutoCAD drawing files
in electronic format showing completed building, “as-built” for City records before the Contract will be
B. accepted by the City.

C.

The drawings shall be duplicates and at the same size and dimensional scale as the originals.

They
shall be on a polyester translucent base material with a minimum sheet thickness of .003 inch (.08mm). The legibility and contrast of each drawing submitted to the City shall be such that every line, number,
letter, and character is clearly readable in a full size blow back from a 35 mm microfilm negative of the

9.10 drawing.

9.11 SUBMITTALS

QUANTITIES
A. Submit one (1) copy via email to [email protected] of all data and drawings unless specified
otherwise.

B. Submit all samples, unless specified otherwise, in the quantity to be returned, plus two, which will be
retained by the Director.

IDENTIFICATION OF

SUBMITTALS
Completely identify each submittal and re-submittal by showing at least the following information:

A. Name and address of submitter, plus name and telephone number of the individual who may be
contacted for further information.

B.

C.

Name of project as it appears in the Contract Documents and Specification No.

Drawing number and Specifications section number other than this section to which the submittal
applies.

D. Whether this is an original submittal or resubmittal.

E. For samples, indicate the source of the
sample.

9.12 SCHEDULE OF

SUBMITTALS
A.

B.

C.

Submit initial schedule of submittals within five (5) Working Days after the Issuance Date on Notice to
Proceed.

Submit revised schedule of submittals within five (5) Working Days after date of request from the
Director.

The Director will review schedule of submittals and will notify Contractor that schedule is acceptable
or not acceptable within five (5) Working Days after receipt.

9.13 COORDINATION OF SUBMITTALS
A. Prior to submittal for the Director’s review, use all means necessary to fully coordinate all material,including the following
procedures:

1. Determine and verify all field dimensions and conditions, materials, catalog numbers, and similar
data.

2. Coordinate as required with all trades and with all public agencies involved.

3. Secure all necessary approvals from public agencies and others and signify by stamp, or other
means, that they have been secured.

4. Clearly indicate all deviations from the
Specifications.

B. Unless otherwise specifically permitted by the Director, make all submittals in groups containing all
associated items; the Director may reject partial submittals as not complying with the provisions of the

9.14 TIMING FOR Specifications.

SUBMITTALS
A. Make all submittals far enough in advance of scheduled dates of installation to provide all required time
for reviews, for securing necessary approvals, for possible revision and re-submittal, and for placing
B. orders and securing delivery.

C.

In scheduling, allow at least 15 Working Days for the Director’s review, plus the transit time to and from
the City office.

Manuals shall be submitted prior to performing functional tests.

9.15 APPROVAL BY
CITY
A. Each submittal, except manuals, schedule of costs for progress payments, and as-built drawings will be returned to the Contractor marked "No Exceptions Taken," “Make Corrections Noted - Do Not
Resubmit,” or “Make Corrections Noted - Resubmit.” Manuals, schedule of costs, and as-built drawings
B. will be returned to Contractor via email for re-submittal if incomplete or unacceptable. Submittals marked "Approved as Noted" need not be resubmitted, but the notes shall be followed.

C.

D.

If submittal is returned for correction, it will be marked to indicate what is unsatisfactory.

Resubmit one (1) original hard copy and one (1) electronic copy (via email to
[email protected] ) of the revised drawings or data as indicated.

E. Approval of each submittal by the Director will be general only and shall not be construed as:

1. Permitting any departures from the Specifications requirements.

2. Relieving the Contractor of the responsibility for any errors and omissions in details, dimensions,
or of other nature that may exist.

3. Approving departures from additional details or instructions previously furnished by the Director.

9.16 CHANGES TO APPROVED

SUBMITTALS
A. A re-submittal is required for any proposed change to an approved submittal. Changes which require
re-submittal include, but are not necessarily limited to, drawing revisions, changes in materials and
equipment, installation procedures and test data. All re-submittals shall include an explanation of the
necessity for the change.

B. Minor corrections to an approved submittal may be accomplished by submitting a "Corrected Copy".
[END OF
ARTICLE]

ARTICLE 10 – SAFETY

10.01 PROTECTION OF PERSONS AND

PROPERTY
A. Contractor's Responsibility: Notwithstanding any other provision of the Contract Documents, the
Contractor shall be solely and completely responsible for conditions of the job site, including safety of
all persons and property, during performance of the Work. This requirement will apply continuously and
will not be limited to normal working hours. Safety and sanitary provisions shall conform to all applicable
Federal, State, County, and local laws, regulations, ordinances, standards, and codes. Where any of
these are in conflict, the more stringent requirement shall be followed.

B.

C.

Sanitary Facilities. The Contractor shall furnish and maintain sanitary facilities by the worksites for the
entire construction period.

Protection of the Public. The Contractor shall take such steps and precautions as his/her operations
warrant to protect the public from danger, loss of life, loss of property or interruption of public services.

Unforeseen conditions may arise which will require that immediate provisions be made to protect the
public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of
work under this contract. Whenever, in the opinion of the Director, a condition exists which the
Contractor has not taken sufficient precaution of public safety, protection of utilities and/or protection of
adjacent structures or property, the Director will order the Contractor to provide a remedy for the
condition. If the Contractor fails to act on the situation within a reasonable time period as determined
by the Director, or in the event of an emergency situation, the Director may provide suitable protection
by causing such work to be done and material to be furnished as, in the opinion of the Director, may
seem reasonable and necessary. The cost and expense of all repairs (including labor and materials)
as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for
emergency repairs will be deducted from the final payment due to the Contractor.

10.02 PROTECTION FROM

HAZARDS
A. Trench Excavation
Excavation for any trench four (4) feet or more in depth shall not begin until the Contractor has received
approval from the Director of the Contractor's detailed plan for worker protection from the hazards of
caving ground during the excavation of such trench. Such plan shall show the details of the design of
shoring, bracing, sloping or other provisions to be made for worker protection during such excavation.

No such plan shall allow the use of shoring, sloping or protective system less effective than that required
by the Construction Safety Orders of the Division of Occupational Safety and Health, and if such plan
varies from the shoring system standards established by the Construction Safety Orders, the plan shall
be prepared and signed by an engineer who is registered as a Civil or Structural Director in the State
of California.

B. Confined Spaces
Contractor shall comply with all of the provisions of General Industry Safety Orders of the California
Code of Regulations. Entry of a confined space shall not be allowed until the Contractor has received
approval from the Director of the Contractor’s program for confined space entry. Confined space means
a space that (1) Is large enough and so configured that an employee can bodily enter and perform
assigned Work; and (2) Has limited or restricted means for entry or exit (for example, tanks, vessels,
silos, storage bins, hoppers, vaults, and pits are spaces that may have limited means of entry); and (3)
Is not designed for continuous employee occupancy. Failure to submit a confined space entry program

may result in actions as provided in Article 5: “Suspension or Termination of Contract.”
Material Safety Data Sheet
C.

Contractor shall comply with all of the provisions of General Industry Safety Orders of the California
Administrative Code. The Contractor shall submit to the Director a Material Safety Data Sheet (MSDS)
for each hazardous substance proposed to be used, ten (10) days prior to the delivery of such materials
to the job site or use of such materials at a manufacturing plant where the Director is to perform an
inspection. For materials which are to be tested in City laboratories, the MSDS shall be submitted with
the sample(s). Hazardous substance is defined as any substance included in the list (Director's List)
of hazardous substances prepared by the Director, California Department of Industrial Relations,
pursuant to Labor Code Section 6382. Failure to submit an MSDS for any hazardous substance may
result in actions as provided in Article 5, "Suspension or Termination of Contract".

10.03 DIFFERING SITE

CONDITIONS
A. Differing Site Conditions Defined. The Contractor shall promptly, and before such conditions are disturbed, notify the Director in writing of any Differing Site Conditions. Differing Site Conditions are
those conditions, located at the project site or in existing improvements and not otherwise ascertainable
by Contractor through the exercise of due diligence in the performance of its inspection obligations in
the Contract Documents, encountered by Contractor in digging trenches or other excavations(s) that
extend deeper than four feet below the surface of the ground that constitute:

1. Material that the Contractor believes may be material that is hazardous waste as defined in Section
25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or

2. Subsurface or latent physical conditions at the site differing materially from those indicated Class III disposal site in accordance with provisions of existing law. in these
Contract Documents.

3. Unknown physical conditions at the site, of any unusual nature, different materially from those
ordinarily encountered and generally recognized as inherent in Work of the character provided for
B. in these Contract Documents.

C.

D.

Notice by Contractor. If the Contractor encounters conditions it believes constitute Differing Site
Conditions, then notice of such conditions shall, before such conditions are disturbed, be promptly
reported to the Director followed within twenty-four (24) hours by a further written notice stating a
detailed description of the conditions encountered.

The Director will promptly investigate the conditions and If he/she finds that such conditions do
materially differ, or do involve hazardous waste, and do cause an increase or decrease in the
Contractor's cost of, or time required for, performance of any part of the Work under this Contract, an
equitable adjustment will be made, as determined by the Director.

Change Order Request. If Contractor intends to seek an adjustment to the Contract Sum or Contract
Time based upon Differing Site Conditions, it must,within ten (10) Days after the Discovery Date relative
to such conditions, submit a Change Order Request setting forth a detailed cost breakdown and Time
Impact Analysis, in the form required by Article 6 of these General Conditions, of the additional
Allowable Costs and Excusable Delay resulting from such Differing Site Conditions.

E. Failure to Comply. Failure by Contractor to strictly comply with the requirements of this Paragraph

10.03 concerning the timing and content of any notice of Differing Site Conditions or request for
adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed
waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason
of such conditions.

F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions
shall be allowed if asserted after Final Payment.

G. In the event of disagreement between the Contractor and the Director whether the conditions do
materially differ or whether a hazardous waste is involved or whether the conditions cause an increase
or decrease 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 completion date required by the Contract, but shall proceed
with all Work to be performed under the Contract Documents.

H.

I.

The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this
Contract which pertain to the resolution of disputes and protests.

Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site
Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or
unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment
to the Contract Sum or Contract Time.

10.04 TRAFFIC

REGULATION
A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the
circumstance in his/her judgment for the prevention of accidents; and he/she shall take other
precautions as necessary for public safety including, but not limited to, traffic control.

Traffic control
shall be conducted in accordance with the latest edition of the California Manual on Uniform Traffic
Control Devices (MUTCD), published by BNi Books, and as directed and approved by the City
Engineer.

B.

C.

Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that
is approved by all agencies having jurisdiction and that conforms to all requirements of the
Specifications. No changes or deviations from the approved detailed traffic control plan shall be made, except
temporary changes in emergency situations, without prior approval of the City Engineer and all
agencies having jurisdiction. Contractor shall immediately notify the Director, the City Engineer and the agencies having jurisdiction
of occurrences that necessitate modification of the approved traffic control plan.

D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5:
“Suspension or Termination of Contract” of these General Conditions.

10.05 TRAFFIC CONTROL

DEVICES
A. Traffic signs, flashing lights, barricades and other traffic safety devices used to control traffic shall conform to the requirements of the California Manual on Uniform Traffic Control Devices (MUTCD)

and as approved by the City
Engineer.

1. Portable signals shall not be used unless permission is given in writing by the agency having
jurisdiction.

2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized
signs" shall have a reflectorized background and shall conform to the current State of California
B. If the Contractor fails to provide and install any of the signs or traffic control devices required Department of Transportation specification for reflective sheeting on highway signs. herby or
ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others,
charge the costs therefore against the Contractor, and deduct the same from the next progress
payment.

10.06 EXECUTION
A.

B.

C.

D.

The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location.

Notification
will include the specific location, project dates, what lanes of the roadway will be closed and when. Also
the construction project manager’s name and business phone number and the construction inspector’s
name and business phone number.

The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of
any posting of temporary no parking signs. Notification will include the times, dates and locations of
the posting. When vehicles must be towed for violation of temporary no parking signs, the person who
actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent
questions that may be asked by the parking enforcement officer or police officer towing the vehicles.

The Contractor shall notify the Fire Department, on a daily basis during the entire period that
construction is in progress whenever roadways are reduced in width or blocked. Notification shall be
made to the Fire Dispatch (323) 881-6183 and the Contractor shall provide the information required to
identify which roadways would have accessibility problems due to his/her operations. The Contractor
shall submit to Fire Department schedule of Work for their use and files.

Roads subject to interference from the Work covered by this Contract shall be kept open, and the
fences subject to interference shall be kept up by the Contractor until the Work is finished.

Except
where public roads have been approved for closure, traffic shall be permitted to pass through
designated traffic lanes with as little inconvenience and delay as possible.

E.

F.

G.

Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed
shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved
by the agency having jurisdiction. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall
maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive
blasting when no longer required. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and

kept in good condition.

H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment,
whether empty or loaded, shall in all cases yield to public traffic.

10.07 FLAGGING
A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan.

1. Flaggers shall perform their duties and shall be provided with the necessary equipment in
accordance with the current "Instructions to Flaggers" of the State of California Department of

2. Flaggers shall be employed full time on traffic control and shall have no other Transportation. duties.

10.08 PEDESTRIAN CANOPIES OR BARRICADE

IMPROVEMENTS
Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor
shall construct during construction period. These devices or improvements, as the City deems necessary or
prudent, shall be at the expense of the Contractor. [END OF ARTICLE]

ARTICLE 11 - INDEMNITY

11.01 INDEMNITY
To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend
the City, its officers, employees, agents, representatives and their successors and assigns (“Indemnitees”) from
and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment,
settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of
accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation
and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting
from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents,
employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them
may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by
an Indemnitee, including but not limited to:

A.

B.

Bodily injury, emotional injury, sickness or disease, or death to any persons;
Infringement of any patent rights, licenses, copyrights or intellectual property which may be brought
against the Contractor or City arising out of Contractor’s Work, for which the Contractor is C. responsible; Stop notices and claims for labor performed or materials used or furnished to be used in the Work,
including all incidental or consequential damages resulting to City from such stop notices and D. claims;
E.

F.

Failure of Contractor or its Subcontractors to comply with the provisions for insurance;
Failure to comply with any Governmental Approval or similar authorization or order; Misrepresentation, misstatement, or omission with respect to any statement made in or any document
furnished by the Contractor in connection therewith;
G.

H.

I.

Breach of any duty, obligation, or requirement under the Contract Documents;
Failure to provide notice to any Party as required under the Contract Documents;
Failure to protect the property of any utility provider or adjacent property owner; or
Failure to make payment of all employee benefits.

J.

This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive
negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782,
the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of
Indemnitees or arise from the active negligence of City.

11.02 ENFORCEMENT
Contractor’s obligations under this Article extend to claims occurring after termination of the Contractor’s
performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or
alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this
Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of
the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor’s obligations
under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law

or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the
City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for
the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor
provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole
discretion determine whether such assurances are reasonable.

11.03 NO

LIMITATIONS
Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from
the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or
obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an
employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for
whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by
a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a
Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts.
[END OF
ARTICLE]

ARTICLE 12 – INSURANCE

12.01 CONDITION TO

COMMENCEMENT
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required
hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor
to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof
of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by
the Contractor prior to the City’s execution of the Contract.

12.02 MINIMUM COVERAGE AND
LIMITS
Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract.

12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows:

A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full
extent of the policies involved, available or applicable. Nothing contained in the Contract Documents
or any other agreement relating to City or its operations limits the application of such insurance
coverage.

B. None of the policies required by this Contract shall be in compliance with these requirements if they
include any limiting endorsement that has not been first submitted to City and approved in writing by

12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY the City’s Risk Manager.

OBLIGATION
This Agreement’s insurance provisions:

A.

B.

Are separate and independent from the indemnification and defense provisions in Article 12 of the
Agreement; and Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense
provisions in Article 12 of the Agreement.
[END OF
ARTICLE]

ARTICLE 13 – BONDS

13.01 REQUIRED
BONDS
A. Contractor shall furnish the following
bonds:

1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price
in the form shown in Exhibit "1" attached hereto.

2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the
total Contract price in the form shown in Exhibit "2" attached hereto.

3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the
form shown in Exhibit "3" attached hereto.

13.02 POWER OF ATTORNEY
All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California,
all copies of the bonds must be countersigned by a California representative of the surety. The signature of the
person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the
person designated in the power of attorney.

13.03 APPROVED
SURETY
All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company
Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on
Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from
admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents
enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by
a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of
the company. If the bonds are executed outside the State of California, all copies of the bonds must be
countersigned by a California representative of the surety. The signature of the person executing the bond
on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in
the power of attorney.

13.04 REQUIRED

PROVISIONS
Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by
reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time,
alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way
affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of
the Contract Documents.

13.05 NEW OR ADDITIONAL

SURETIES
If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become nonresponsible or otherwise unacceptable to City, City may require other new or additional sureties, which the
Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the
Contract may be suspended and the materials may be purchased or the Work completed as provided in Article
5 herein.

13.06 WAIVER OF MODIFICATIONS AND

ALTERATIONS
No modifications or alterations made in the Work to be performed under the Contract or the time of performance
shall operate to release any surety from liability on any bond or bonds required to be given herein.

Notice of

13.07 APPROVAL OF such events shall be waived by the surety.

BONDS
The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been
received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No
substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE]

ARTICLE 14 - LABOR PROVISIONS

14.01 WORKING
HOURS
A.

B.

C.

Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction
noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day.

Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior
consent of the Director and is subject to Cost of Overtime Construction Inspection.

Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal
holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Cesar Chavez Day,
Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day,
Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve, except Work pertaining to
the public safety or with the permission of the Director, and accordance with such regulations as
he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to
the public safety, the Contractor shall give written notice to the Director so that proper inspection
may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00
P.M. to 7:00 A.M. of the next succeeding day.

14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND

INSPECTIONS
A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will
be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular
8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined
by the City, and submitted to the Contractor for payment.

B.

C.

Equipment, materials, or services provided by the City, in connection with Contractor-initiated overtime
construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The
charges will be determined by the City, and submitted to the Contractor for payment. There will be no charges to the Contractor for the inspection of overtime Work ordered by the Director
or required by the Contract Documents.

14.03 COMPLIANCE WITH STATE LABOR CODE
A. Contractor shall comply with the provisions of the Labor Code of the State of California and anyamendments thereof.

1. The time of service of any worker employed upon the Work shall be limited and restricted to eight
(8) hours during any one-calendar day, and 40 hours during any one-calendar week.

2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours
during any one calendar week, shall be permitted upon compensation for all hours worked in
excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.

3. The Contractor and every Subcontractor shall keep an accurate record showing the name of and
the actual hours worked each calendar day and each calendar week by each worker employed by
him/her in connection with the Work; the record shall be kept open at all reasonable hours to the
inspection of the City and to the Division of Labor Standards Enforcement of the State of California.

4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as
a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract
by the Contractor or by any Subcontractor for each calendar day for which the employee was
underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent
violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each
pay period for which the employee was underpaid in addition to an amount sufficient to cover
underpaid wages. This subparagraph is effective to the extent it does not directly conflict with the
overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the
California Labor Code governs over this Paragraph 14.03(A)(4).

14.04 WAGE
RATES
A. Prevailing Wages

1. Contractor shall comply with the general prevailing rates of per diem wages and the general
prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed,
for each craft, classification, or type of worker needed to execute the Contract. The Director of
the Department of Industrial Relations of the State of California (pursuant to California Labor
Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have
determined the general prevailing rates of wages in the locality in which the Work is to be
performed. The rates are available from the City at its Public Works Department, which shall be
made available to any interested party upon request; or online at www.dir.ca.gov/DLSR/PWD/.

To the extent that there are any differences in the federal and state prevailing wage rates for
similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage
rate.

2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.

3. The Contractor and any Subcontractor under him/her shall pay not less than the specified
prevailing rate of wages to all workers employed in the execution of the Contract.

4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective
bargaining Contract applicable to the particular craft, classification, or type of worker employed on

5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty the project.

Dollars
($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing
rates for the Work or craft in which the worker is employed under the Contract by the Contractor
or by any Subcontractor under him. The difference between the prevailing wage rates and the
amount paid to each worker for each calendar day or portion thereof for which such worker was
paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.

6. The specified wage rates are minimum rates only and the City will not consider and shall not be
liable for any claims for additional compensation made by the Contractor because of payment
by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to
the payment of wages in excess of those specified herein shall be adjusted by the Contractor at
his/her own expense.

B. Payroll Records

1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall

keep an accurate payroll record, showing the name, address, social security number, Work
classification, straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker or other employee employed in
connection with the Work. The payroll records shall be certified and shall be available for
inspection.

2. The Contractor shall inform the City of the location of the payroll records, including the street
address, city and county, and shall, within five (5) Working Days, provide a notice of change in

3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll location and address. records
along with a statement of compliance.

14.05 APPRENTICESHIP

STANDARDS
A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and
subcontractors to:

1. 2.

Prior to commencing work on a public works contract, submit Contract Award information
to the applicable joint apprenticeship committee, including an estimate of the journeyman
hours to be performed under the Contract, the number of apprentices to be employed, and
the approximate dates the apprentices will be employed. Use Form DAS-140 from the State
Department of Industrial Relations. The City reserves the right to require Contractor and
Subcontractors to submit a copy of said forms to the City.

Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice
work for every five (5) hours or labor performed by a journeyman. To request dispatch of
apprentices, use Form DAS-142 from the State Department of Industrial Relations. The
City reserves the right to require Contractor and Subcontractors to submit a copy of said
forms to the City.

3. 4.

Pay the apprentice rate on public works projects only to those apprentices who are
registered, as defined in Labor Code Section 3077.

Contribute to the training fund in the amount identified in the Prevailing Wage Rate
publication for journeyman and apprentices. Contractors who choose not to contribute to
the local training trust fund must make their contributions to the California Apprenticeship
Council, P.O. Box 420603, San Francisco, CA 94142.

B.

C.

Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss
of the right to bid or perform work on all public works projects for a period of one to three years and
the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of
noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar
day of noncompliance for a second or subsequent violation. Contractor should make a separate
copy of this material for each of his/her Subcontractors.

Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman
apprentice, worker or other employee employed in connection with the work. The payroll records
shall be certified and shall be submitted to the Project Manager every two weeks.

D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract
or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the
State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor
of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits,
vacation funds or makes pension contributions. The form must contain, for each worker
classification, the fund, plan or trust name, address, administrator, the amount per hour contributed
and the frequency of contributions. Training fund contributions shall also be reported in this form.

City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to
the City.

14.06 EMPLOYMENT OF

APPRENTICES
A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the
provisions concerning the employment of apprentices in the Labor Code of the State of California
B. and any amendments thereof. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions
of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for

14.07 REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL noncompliance in the Labor Code of the State of California and any amendments thereof.

RELATIONS
In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and
qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant
to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State
Department of Industrial Relations.

14.08 CHARACTER OF

WORKERS
The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof,
to trespass on premises or lands in the vicinity of the Work. Only skilled supervisors and workers shall be
employed on Work requiring special qualifications, and when required by the Director, the Contractor shall
discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous,
insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing
or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall
not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and
employees.

14.09 NO SMOKING – STATE LABOR CODE SECTION
6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a
"place of employment" under California Labor Code § 6404.5. [END OF
ARTICLE]

ARTICLE 15 - DISPUTE RESOLUTION

15.01 SUBMISSION OF
CLAIMS
A. By Contractor
Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s
written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute
to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim.

Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with
specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the
effect, if any, on the compensation due or performance obligations of Contractor under the Construction
Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the
disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s
obligations relative to time of performance shall include a detailed, event-by-event description of the
impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement
of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost
breakdown and supporting cost data in such form and including such detailed information and other
supporting data as required to demonstrate the grounds for, and precise amount of, the Claim.

B.

C.

By City
City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the
City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall
preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of
Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of
their occurrence and the damages or other relief claimed by City as a result of such events.

Claims Defined
The term “claims” as used herein shall be as defined in California Public Contract Code § 9204(c)(1).

15.02 CLAIMS DISPUTE RESOLUTION

PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence
they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute
Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed
to the next step in the Claims Dispute Resolution Process.

A. Direct Negotiations
Designated representatives of City and Contractor shall meet as soon as possible (but not later than
ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution
to the Claim. Each party shall be represented in such negotiations by an authorized representative
with full knowledge of the details of the Claim or defenses being asserted by such party, and with full
authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City
Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the
assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by
Contractor against City, then such Subcontractor shall also have a representative attend such
negotiations, with the same authority and knowledge as just described. Upon completion of the
meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party

may declare negotiations ended. All discussions that occur during such negotiations and all documents
prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to
B. California Evidence Code Sections 1119 and 1152. Deferral of Claims Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims,
except those that do not involve parties other than the Contractor and City, shall be deferred pending
Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that
the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does
not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work,
all Claims that have been deferred until such Final Completion shall be consolidated within a
reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims
Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the
parties’ rights to continue informal negotiations of Claims that have been deferred until such Final
Completion; provided, however, that such informal negotiations shall not be interpreted as altering the
provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after
Final Completion of the Work.

C. Required Provisions On Contract Claim Resolution Under California Law
If a Claim is not resolved by the steps described in this Article 15(A) and 15(B), Public Contract Code
Section 9204 specifies required provisions on resolving contract Claims of any size, and Public Contract
Code Section 20104, et seq., specifies required provisions on resolving contract Claims less than
$375,000. Those statutes constitute a part of this Contract. In the event any other Contract provision
violates such statutes, the applicable statute controls. Public Contract Code Section 9204 provides:
• For the purposes of this section, “Claim” means a separate demand by Contractor for (1) a time
extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor
arising under the contract documents and payment of which is not otherwise expressly provided
for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed
by the City.
• Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45
days, or if the City’s governing body must approve the City’s response to the Claim and the
governing body has not met within the 45 days, then within three (3) days of the Agency’s meeting,
shall provide Contractor with a written statement identifying what portion of the Claim is disputed
and what portion is undisputed. Should the City take no action on the Claim within 45 days of
submission, it shall be deemed denied.
• If the Contractor disputes the City’s response to its Claim, including a failure to respond, it may
submit via registered mail or certified mail, return receipt requested, a written demand for an
informal conference to meet and confer for settlement of the issues in dispute. The City shall
schedule such a meet and confer conference within 30 days for settlement of the dispute.

Within
ten (10) days of the meet and confer conference the City shall provide Contractor with a written
statement identifying the portion of the Claim that remains in dispute and the portion that is
undisputed. If the Contractor disputes the City’s statement, it shall inform the City and they shall
mutually agree to a mediator within 10 business days of the written statement. • The City shall pay the undisputed portions of the Claim within 60 days of the issuance of a written
statement identifying an undisputed portion.

• Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to
nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The
City and Contractor shall mutually agree to a mediator within 10 business days after the disputed
portion of the Claim has been identified in writing. 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.
• For Claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to
these provisions shall excuse the mediation obligation under Public Contracting Code section
• 20104.4(a).
•
The parties may mutually agree, in writing, to waive the mediation requirements of this subsection
and proceed to the commencement of a civil action.

Failure by the City to respond to a Claim from 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 City’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 Contractor.
•
•
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per
annum.

If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the
City because privity of contract does not exist, the Contractor may present to the City 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 City and, if the original Contractor did not present the Claim,
provide the Subcontractor with a statement of the reasons for not having done so. • Nothing in this section shall impose liability upon the City that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual
Public Contract Code Section 20104, et seq., obligations. provides:
• For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or
less for (1) a time extension, (2) payment or money or damages arising from Work done by or on
behalf of Contractor arising under the Contract Documents and payment of which is not otherwise
expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of
which is disputed by the City. Claims that together total more than $375,000 do not qualify as a
“separate demand of $375,000 or less,” and are not subject to this section.

•
•
A voucher, invoice, payment application, or other routine or authorized form of request for payment
is not a Claim for purposes of this section. If such request is disputed as to liability or amount, then
the disputed portion of the submission may be converted to a Claim under this section by
submitting a separate Claim in compliance with Contract Documents Claim submission
requirements.

Caution. This section does not apply to tort Claims, 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 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code. •
The Claim must be in writing, submitted in compliance with all requirements of the Contract
Documents.

For Claims of fifty thousand dollars ($50,000) or less, the City shall respond in writing within fortyfive (45) days of receipt of the Claim, or the City may request in writing within thirty (30) days of
receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses
or Claims the City may have against claimant. If additional information is thereafter required, it shall
be requested and provided in accordance with this section upon mutual agreement of the City and
claimant. The City’s written response to the Claim, as further documented, shall be submitted to
claimant within fifteen (15) days after receipt of further documentation or within a period of time no
greater than taken by claimant in producing the additional information, whichever is greater.
• For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000:
the City
shall respond in writing within sixty (60) days of receipt of the Claim, or the City may request in
writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the
Claim or relating to any defenses or Claims the City may have against claimant. If additional
information is thereafter required, it shall be requested and provided in accordance with this
section, upon mutual agreement of the City and claimant; the City’s written response to the Claim,
as further documented, shall be submitted to claimant within thirty (30) days after receipt of further
documentation or within a period of time no greater than taken by claimant in producing the
additional information, whichever is greater.
• Meet and Confer: If claimant disputes the City’s written response, or the City fails to respond within
the time prescribed above, claimant shall notify the City, in writing, either within fifteen (15) days of
receipt of the City’s response or within fifteen (15) days of the City’s failure to timely respond, and
demand an informal conference to meet and confer for settlement of the issues in dispute.

Upon
demand the City will schedule a meet and confer conference within thirty (30) days for settlement
of the dispute.

Following the meet and confer conference described herein, if the Claim or any portion remains in
dispute, claimant may file a Claim as provided in 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 California Government Code.

For purposes of those provisions, the running of the period of time within which a Claim must be filed
shall be tolled from the time claimant submits its written Claim as set forth herein, until the time that
Claim is denied as a result of the meet and confer process, including any period of time utilized by the
meet and confer process.

D. Legal Proceedings
If the Claim is not resolved by the procedures described in this Article 15 (A), 15 (B) and 15 (C) above,
then the party wishing to further pursue resolution or determination of the Claim may submit the Claim

15.03 NO WAIVER for determination by commencing legal proceedings in a court of competent jurisdiction.

Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of
Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the
Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for
providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE]

ARTICLE 16 - ACCOUNTING RECORDS

16.01 MAINTENANCE OF

RECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its
Subcontractors to keep full and detailed books and records in accordance with the requirements of the
Contract Documents, including the following: all information, materials and data of every kind and character
(hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters,
rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation,
agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change
order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars,
Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda;
accounting records; job cost reports; job cost files (including complete documentation covering negotiated
settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance
rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction
Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor
or any Subcontractor (“Accounting Records”). Contractor shall exercise such controls as may be necessary
for proper financial management of the Work. Such accounting and control systems shall comply with
prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of
such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City,
or for such longer period as may be required by applicable laws.

16.02 ACCESS TO

RECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its
Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon
twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to
the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above.

16.03 CONTRACTOR NONCOMPLIANCE,

WITHHOLDING
Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to
maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation
upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the
Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment
to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the
total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied
with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this
Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.

16.04 SPECIFIC ENFORCEMENT BY
CITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and
records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such
court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits
and/or reproduction of such books and records or to require delivery of such books and records to City for
inspection, audit and/or reproduction.
[END OF
ARTICLE]

ARTICLE 17-MISCELLANEOUS PROVISIONS

17.01 COMPLIANCE WITH APPLICABLE
LAWS
A. Notices, Compliance
Contractor shall give all notices required by governmental authorities and comply with all applicable
laws and lawful orders of governmental authorities, including but not limited to the provisions of the
California Code of Regulations applicable to contractors performing construction and all laws,
ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equal
employment opportunities.

B. Taxes, Employee Benefits
Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract
Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business
license, use and similar taxes on materials, labor or other items furnished for the Work or portions
thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the
Contract Documents and all benefits, insurance, taxes and contributions for social security and
unemployment insurance which are measured by wages, salaries or other remuneration paid to
Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale
on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a
sale for its exclusive use, then City, upon request, will execute documents necessary to show that is a
political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive
use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract
Sum.

C. Notice of
Violations
Contractor shall immediately notify the City and Director in writing of any instruction received from the
City, Director, Architect or other person or entity that, if implemented, would cause a violation of any
applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice,
then Director shall be entitled to assume that such instruction is in compliance with applicable laws and
lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and
Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities,
or should Contractor become aware of conditions not covered by the Contract Documents which will
result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without
such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through
the exercise of reasonable care should have known, was contrary to lawful orders of governmental
authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no
cost to City and without adjustment to the Contract Sum.

17.02 OWNERSHIP OF DESIGN

DOCUMENTS
A. Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all copies
thereof) and all designs and building designs depicted therein are and shall remain the sole and
exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto.

Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are

granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable
portions of the Contract Documents and Submittals as appropriate to and for use in the execution of
B. the Work and for no other purpose.

C.

Documents on Site
Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record
and City’s Consultants, a complete set of the Contract Documents that have been approved by
applicable Governmental Authorities. Delivery to City
All Design Documents, Contract Documents and Submittals in the possession of Contractor or
Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the
Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right
to retain one (1) copy of the Contract Documents and Submittals for its permanent records.

D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with
Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving

17.03 the, City’s rights set forth in this Paragraph.

AMENDMENTS
The Contract Documents may be amended only by a written instrument duly executed by the parties or their
respective successors or assigns.

17.04 WAIVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other
provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter
to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of
dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any
interpretation of the Contract Documents without documenting such interpretation by an instrument in writing
signed by both parties, such interpretation and implementation thereof will not be binding in the event of any
future disputes.

17.05 INDEPENDENT

CONTRACTOR
Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed
as constituting any relationship with City other than that of Project owner and independent contractor. In no
event shall the relationship between City and Contractor be construed as creating any relationship whatsoever
between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed
to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole
authority and responsibility to employ, discharge and otherwise control its employees and has complete and
sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor
or any Subcontractor hires to perform or assist in performing the Work.

17.06 SUCCESSORS AND

ASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their
permitted successors, assigns and legal representatives.

A.

B.

City may assign all or part of its right, title and interest in and to any Contract Documents, including
rights with respect to the Payment and Performance Bonds, to (a) any other governmental person
as permitted by governmental rules, provided that the successor or assignee has assumed all of
City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other
Person with the prior written approval of Contractor.

Contractor may collaterally assign its rights to receive payment under the Contract Documents.

Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly
otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its
Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for
the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from
responsibility.

Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and
to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be
C. subject to being used by City for completion of the Work, should Contractor be in default. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not,
without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign,
convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract
Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey,
transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the
prior written consent of City, in City’s sole discretion.

17.07 SURVIVAL
Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all
other provisions which by their inherent character should survive termination of the Contract and/or Final

17.08 LIMITATION ON THIRD PARTY Acceptance, shall survive the termination of the Contract and the Final Acceptance Date.

BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary
hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage
pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty
and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The
duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third
parties shall remain as imposed by law. The Contract Documents shall not be construed to create a
contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor.

17.09 PERSONAL LIABILITY OF CITY

EMPLOYEES
City’s authorized representatives are acting solely as agents and representatives of City when carrying out
the provisions of or exercising the power or authority granted to them under the Contract. They shall not be
liable either personally or as employees of City for actions in their ordinary course of employment.

No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible
for any liability arising under the Contract.

17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or
certificate made or given by the City representative or other officer, agent, or employee of City under any
provisions of the Contract from at any time (either before or after the final completion and acceptance of the
Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and
correct amount and character of the work done, and materials furnished by Contractor or any person under
the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and
incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in
fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or
payment made in accordance therewith, City shall not be precluded or estopped from recovering from
Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or
to have complied with the Contract Documents.

17.11 GOVERNING
LAW
The laws of the State of California govern the construction and interpretation of the Contract Documents,
without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference
to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor
legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract
Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise
appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge
that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in
the City of Vernon, California.

17.12 FURTHER

ASSURANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and
assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder,

17.13 including assurances regarding assignments of Subcontractors contained herein.

SEVERABILITY
If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper
jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision,
section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of
the parties, including an equitable adjustment to the Contract Price to account for any change in the Work
resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision
maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide
the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part
shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and
enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph
or part.

17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part of the
Contract or considered in construing the Contract.

17.15 ENTIRE

AGREEMENT
The Contract Documents contain the entire understanding of the parties with respect to the subject matter
hereof and supersede all prior agreements, understandings, statements, representations and negotiations

17.16 between the parties with respect to its subject matter.

COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument. [END OF
ARTICLE]

EXHIBIT B – SPECIAL PROVISIONS

SPECIFIC FOR THIS PROJECT
Gifford Ave., 48th, 49th, and 50th
Street Improvements
Contract No. 20240122
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
1 Table of Contents
A. General..................................................................................................................................................4

1. 2.

3. 4.

5. 6.

7. 8.

9. Scope of Work..................................................................................................................................4 Contract Specifications ....................................................................................................................4 Specifications ...................................................................................................................................4 Length of Contract ...........................................................................................................................5 Liquidated Damages.........................................................................................................................5 Delays and Extensions of time.........................................................................................................5 Quality of Work................................................................................................................................5 Unit Prices........................................................................................................................................5 Extra Work .......................................................................................................................................5

10. Compliance with Laws, Regulations, and Safe Practices .................................................................6 B. Construction Phase Specifications........................................................................................................6

1. 2.

3. 4.

5. 6.

7. 8.

9. Scheduling of Work..........................................................................................................................6 Material Submittals..........................................................................................................................6 Weather Limitations ........................................................................................................................7 Construction Hours..........................................................................................................................7 Traffic Requirements .......................................................................................................................7 Maintaining Existing Traffic Signal System ......................................................................................8 Notification of Affected Residents/Businesses................................................................................9 Notification of Utilities.....................................................................................................................9 Protection of the Public ...................................................................................................................9

10. Noise Restrictions ..........................................................................................................................10

11. Construction Order of Work ..........................................................................................................10

12. Character of Workers.....................................................................................................................10

13. Examination of Site ........................................................................................................................11

14. Mobilization ...................................................................................................................................11

15. Dust Control...................................................................................................................................11

16. Best Management Practices (BMP’s).............................................................................................11

17. Temporary Water Meter................................................................................................................11

18. Cleaning of Site During Construction.............................................................................................11

19. Sanitary Facilities ...........................................................................................................................12

20. Parkway Restoration......................................................................................................................12 EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
2 21. Final Cleaning of Site and Restoration...........................................................................................12

22. Contractor Responsibility...............................................................................................................12 C. Material Specifications........................................................................................................................12

1. 2.

3. 4.

5. 6.

Unclassified Excavation..................................................................................................................12 Saw-cutting ....................................................................................................................................13 Cold Planing ...................................................................................................................................13 Header cutting and Asphalt Planing ..............................................................................................13 A.C. Crack Seal................................................................................................................................13 Concrete Improvements ................................................................................................................14 a. General........................................................................................................................................14 b. Concrete Sidewalk.......................................................................................................................15 c. Concrete Curb and Gutter...........................................................................................................15 d. Concrete Curb Ramp (Handicap Access).....................................................................................15 e. Concrete Street Tree Well...........................................................................................................16 f. Concrete Joints and Keyways......................................................................................................16 Truncated Domes...........................................................................................................................16 Asphalt Concrete Overlay ..............................................................................................................16 Full Depth Asphalt Removal...........................................................................................................17 a. General........................................................................................................................................17 b. Subgrade and Surface Preparation .............................................................................................17

7. 8.

9. 10. New Asphalt Concrete Paving........................................................................................................17 a. General........................................................................................................................................17 b. Latex Additive..............................................................................................................................18 c. Tack Coat Application..................................................................................................................18 d. Field Testing ................................................................................................................................19

11. Adjust Manhole Frame and Cover Utility Valves ...........................................................................19

12. Replacement of Manhole Frame and Cover..................................................................................19

13. Benchmark Replacement...............................................................................................................19

14. Striping Improvements ..................................................................................................................19 a. General........................................................................................................................................19 b. Temporary Striping .....................................................................................................................20 c. Paint Materials............................................................................................................................20 d. Testing.........................................................................................................................................21 EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
3 A. General

1. Scope of Work
This project consists of a 2” deep header cut, 10 feet wide, crack seal and placement of 2” thick C2-PG-70-10 asphalt concrete installed in one lift. In addition this project includes the construction of ADA ramps, new curb and gutter, and construction of tree wells.

2. Contract Specifications
The details and the exact limits for the asphalt and concrete work in this project are shown on the City of Vernon Contract No. 20240122 sheet drawings, incorporated into this Agreement by this reference:

Sheet No. Plan
No.

Description
1 2
- Title Sheet & Notes
Street Improvements: 48th Street: Corona
Avenue to District Boulevard.

Street Improvements: 49th Street: Corona
Avenue to District Boulevard.

Street Improvements: 50th Street: Gifford
Avenue to District Boulevard.

Street Improvements: Gifford Avenue:

District Boulevard to Fruitland Avenue.

Channelization Improvements: 48th Street:

Corona Avenue to District Boulevard and
49th Street: Corona Avenue to District
Boulevard and
Channelization Improvements: 50th Street:

Gifford Avenue to District Boulevard and
Gifford Avenue: District Boulevard to
Fruitland Avenue.

P2782
P2782
P2782
P2782
3 4
5 6
7 T2783
T2783

3. Specifications
Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2021 Edition), State of California Department of Transportation “Caltrans” Standard Plans (2022 Edition) and State of California Department of Transportation Standard Specifications (2018 Edition), latest edition of the California Manual on Uniform Traffic Control Devices, and the City of Vernon Standard Plans.

The Standard Specifications for Public Works Construction (2021 Edition) shall be referred to hereafter as the “Standard Specifications”. The Caltrans Standard Plans (2022 Edition) shall be EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
4 referred to hereafter as the “Caltrans Standard Plans”. The California Manual on Traffic Control Devices shall be referred hereafter as the “CA MUTCD”.

4. Length of Contract
All work in this project shall be completed within Sixty (60) calendar days as specified in the Bidder's Proposal.

5. Liquidated Damages
In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day in excess of the time specified for completion of the work, as adjusted in accordance with 6-9, the contractor shall pay to the agency, or have withheld from monies due it, the sum of $250 per calendar day.

6. Delays and Extensions of time
The provisions of Section 6-4 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below.

The second paragraph of subsection 6-4.1 is hereby deleted and the following paragraph shall be inserted in its place:

No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City's Project Manager. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his proposed construction schedule.

7. Quality of Work
The provisions of Section 3 entitled "Control of the Work" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the City's Project Manager, whether a cause is determined or not shall be repaired or replaced by the Contractor at his expense.

8. Unit Prices
All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work.

9. Extra Work
In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows:
 Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
5 1.

2. 3.

4. Labor 33%
15%
15%
15%
Materials
Equipment Rental
Other Items and Expenditures
 Work by the Subcontractor: When all or any part of the extra work is performed by a subcontractor, the markup provided by the contractor as mentioned above shall apply to the subcontractor’s actual costs. A markup of 5% of the subcontracted portion of each extra work may be added for the contractor.

10. Compliance with Laws, Regulations, and Safe Practices The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site.

B. Construction Phase Specifications

1. Scheduling of Work
The Contractor shall submit his work schedule to the City's Project Manager prior to the preconstruction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City's Project Manager before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City's Project Manager prior to the start of the work.

2. Material Submittals
The Contractor shall provide all required submittals including, but not limited to the following:


Shop drawings
Materials and mix designs (submitted upon reward of the contract for review and approval before the construction)
 Truncated domes
The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
6 3. Weather Limitations
Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end.

4. Construction Hours
Work shall occur Monday through Friday between the hours of 9:00 am to 2:30 pm or Saturday to Sunday between the hours of 5:00 am to 5:00 pm unless otherwise restricted by the type of work shown below:
 Asphalt work that requires a half or full street closure shall occur on Saturday and Sunday between the hours of 5:00 am to 5:00 pm.

5. Traffic Requirements
Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City's Project Manager.

The Contractor shall comply with Section 600 and 601 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City's Project Manager to ensure safe passage of traffic.

The following provisions shall apply unless otherwise directed by the City's Project Manager. 

The traffic control shall be in accordance with the California Manual of Temporary Traffic Controls (CA MUTCD, latest edition) handbook.

The Contractor shall submit traffic channelization and detour plans to the City's Project Manager for approval at least (14) fourteen working days prior to commencement of work. Traffic control plans (previously approved by the City's Project Manager) shall be maintained within the construction zone for the duration of the construction.  Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
7  In addition to the requirements of the "CA MUTCD" handbook, the City's Project Manager may require fifteen (15) foot wide travel lanes, flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type II or Type III barricades with flashers and delineators at locations as determined by the City's Project Manager.


Construction hours shall be per Section B4. Between Monday-Friday; Contractor shall maintain at least one through lane of traffic in each direction during the hours of 6a.m. - 8a.m. and 4p.m - 6p.m. each day.

The Contractor shall provide access to local businesses at all times unless otherwise approved by the City's Project Manager. This may include providing steel plates at some driveway approaches. Message boards shall be used for pre-construction warnings, lane closure/detour areas, and placed 14 calendar days in advance of the closure/detour.  The posting of "NO PARKING" signs within the construction limits is permitted with the approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning.

These signs shall be furnished and maintained by the Contractor and shall be of the type approved by the City's Project Manager. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City's Project Manager. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least 72 hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City's Project Manager. The signs shall be effective for no more than five working days and shall be removed within 24 hours after the work is complete. If signs are not removed in a timely manner, the City's Project Manager may suspend all work until the signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation City Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways.

6. Maintaining Existing Traffic Signal System
In accordance with Section 701-4 and 701-5.3 of the Standard Specifications, the existing traffic signals shall be in operation at all times.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
8 7. Notification of Affected Residents/Businesses
The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project.

The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City's Project Manager and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity.

In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner.

Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his schedule as indicated on his written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal.

8. Notification of Utilities
The provisions of Section 402 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least three working days in advance of the construction work.

9. Protection of the Public
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion of the City's Project Manager, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City's Project Manager will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City's Project Manager, or in the event of an emergency situation, the City's Project Manager may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City's Project EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
9 Manager, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor.

10. Noise Restrictions
The Contractor may not operate certain power equipment, within a residential area or within a radius of 500 feet from a residential area, except during the following times:


From 7:00 am to 4:00 pm, Monday through Friday
From 6:00 am to 5:00 pm on Saturday and Sunday
In addition, the noise level from the Contractor's operations shall not exceed 85 dBA when measured within a one hundred (100) foot radius at any time.

11. Construction Order of Work
Work shall be scheduled so as to lessen the impact upon businesses. All construction shall conform to the latest edition of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City's Project Manager before the next stage of work will be allowed to begin.

Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City's Project Manager, delays the completion of the work presently under construction.

The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City's Project Manager to close either such access or drive approach.

No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City's Project Manager. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day.

12. Character of Workers
If any subcontractor or person employed by the Contractor shall fail or refuse to carry out directions of the City's Project Manager or shall appear to the City's Project Manager to be incompetent, act in a disorderly or otherwise objectionable manner, he/she shall be immediately discharged from the project on the request of the City's Project Manager, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City's Project Manager will serve written notice upon the Contractor and the Surety EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
10 providing the faithful performance bond, in accordance with Section 6-8, "Termination of the Contractor by Default" of the Standard Specifications, demanding complete and satisfactory compliance with the Contract.

13. Examination of Site
The contractor is required to examine the site and judge for themselves the location. Physical conditions, substructures and surroundings of the proposed work.

14. Mobilization
The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor.

15. Dust Control
Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City's Project Manager cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor.

16. Best Management Practices (BMP’s)
The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work.

The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3-12.6.2, “Best Management Practices (BMPs)” are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP’s as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved.

17. Temporary Water Meter
If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $1,000. Contractor shall pay for all water used.

Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged $50.00 for each relocation.

18. Cleaning of Site During Construction
During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
11 The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times.

19. Sanitary Facilities
The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor.

20. Parkway Restoration
Parkway and lawn areas disturbed by construction and/or root removal operations shall be backfilled with material approved by the City's Project Manager, mechanically compacted to 90% of optimum density, and graded to join the adjacent improvements and parkway lawn areas. The parkway and lawn area shall be restored by sodding in accordance with Section 801-4.8 of the Standard Specifications, and the irrigation system to match the adjacent parkway area. The payment for this work shall be included in the most appropriately related bid item.

21. Final Cleaning of Site and Restoration
The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor.

22. Contractor Responsibility
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City's Project Manager. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, spreading, compaction, and finishing processes conform to these Specifications. The City's Project Manager shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities.

All Quality Control testing results shall be submitted to the City's Project Manager on a daily basis.

C. Material Specifications

1. Unclassified Excavation
This section shall conform to Section 300-2 of the Standard Specifications and these Special Provisions. The cost for unclassified excavation shall be included in the unclassified excavation bid item unit price and no additional compensation to the Contractor shall be made therefor. Cost for unclassified fill if any, re-grading and re-compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefor.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
12 2. Saw-cutting
A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and/or drive apron to be removed. The residue resulting from the sawcutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation.

Payment for saw-cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the unit bid prices of the various related items as specified in the Bidder's Proposal and no additional compensation for this work shall be made therefor. All work shall conform to applicable provisions of the Standard Specifications.

3. Cold Planing
This section shall conform to Section 404 Cold Milling of the Standard Specifications. Cold planed (cold milled) asphalt will be disposed of in accordance to Section 404-8 of the Standard Specification.

The cost to dispose of the cold planed asphalt concrete shall be included in the uniform cold plane bid item and no additional compensation for the work shall be made therefor.

4. Header cutting and Asphalt Planing
Header cutting consists of cutting and removal of a strip of existing asphalt concrete pavement along the gutter, rails and join lines as shown on the plan.

This strip shall be tapered 2 inches below the gutter edge to zero at 10 feet out, providing a keyway for the asphalt concrete to permit a smooth transition at the gutter. Payment will be made by linear foot. If any valve or manhole covers fall within header cutting or plane cutting area, the existing A.C. around the covers shall be cut to the satisfaction of the City's Project Manager. Immediately after cold planing, temporary ramps shall be constructed around each manhole and join lines for safer vehicular traffic. These ramps shall be removed prior to final overlay.

In places specified on the plan as plane cut areas, uniform removal shall be made. Payment will be made per square foot of planing. The asphalt pavement shall be cut by any acceptable method which will produce the specified depth uniformity without gouging. These quantities of plane cuttings are approximate and may be increased or decreased at the option of the City's Project Manager.

5. A.C. Crack Seal
Crack seal material shall conform to the following specifications.

Property
Cone Penetration (@77 F)
Softening Point
Test Specification
ASTM D3407
ASTM D36
Requirement
25 (+/- 5)
210 - 220 F
EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
13 Resilience ASTM D3407
ASTM D3407
50 - 60 percent
Flow (@ 140 F) 0 mm, maximum
The asphalt rubber sealant material consists of asphalt cement, aromatic rubber extender oil, and 20% powdered rubber by weight shall be accompanied by a certificate of compliance from the manufacturer.

The sealant shall not be placed when the pavement temperature is below 50F, above 90F or during unsuitable weather.

All pavement cracks greater than or equal to 1/8" in width shall be routed by mechanical means and cleaned by air blowing.

Areas that consist of “alligator” pattern cracking shall not be filled with crack sealant. Crack sealant shall only be applied to singular longitudinal and transverse cracks of 1/8 inch or greater.

The Contractor shall protect all existing utility covers during the routing operation and shall repair or replace any damaged facilities to its original condition. The existing facilities shall include but not be limited to the above items.

All debris resulting from crack routing shall be removed from the roadbed by hand or mechanical sweeping prior to the end of each workday.

Sealant shall be placed from the bottom of the crack upward to the pavement surface in a manner, which does not result in sealant bridging or entrapping air pockets. With deep cracks, settlement may occur, thus requiring application of a second layer of sealant. The level of the sealant will be allowed to be slightly below the level of the existing pavement. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement.

The sealant shall be placed in such a manner that any excess sealant is not spread or squeezed onto the pavement where cracks are not present, especially between separate individual cracks.

The Contractor may be required to furnish and spread sufficient sand necessary to eliminate tracking or damage to the crack sealant. On all streets where sand will be applied over fresh crack sealant, the Contractor shall post "Loose Gravel" construction signs. Signs shall be posted from commencement of crack sealing until all sand has been cleaned from the roadway. The Contractor shall remove all sand by sweeping within 24 hours after opening the street to traffic.

6. Concrete Improvements
a. General
The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps and sidewalks according to the City of Vernon Plans. All concrete work shall be EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
14 formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification, Section 201. b. Concrete Sidewalk
Concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Saw-cut, removal, and dispose existing concrete, asphalt concrete, and/or soil to nearest score line or as painted by the City's Project Manager.

Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. The cost for the removal and replacement of the concrete sidewalk shall be included in the sidewalk bid item unit price and no additional compensation to the Contractor shall be made therefor. The locations of the sidewalk replacement areas are shown on the Contract plans. The contractor shall meet with the City's Project Manager to confirm all sidewalk replacement locations before any demolition takes place.
c. Concrete Curb and Gutter
Concrete Curb and Gutter shall be constructed according to the City of Vernon Standard Plan No. PV582. New concrete curb & gutter shall be doweled with #4 rebar into existing concrete curb & gutter when length is less than 25’. Unless otherwise indicated on plans or instructed by the City's Project Manager, the concrete curb face shall be 8” high and the gutter shall be 2’ wide. The cost for the removal & repaving of the 2’wide asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. d. Concrete Curb Ramp (Handicap Access)
The concrete curb (accessible) ramp including truncated dome and depressed gutter shall be constructed according to the Revised Caltrans Standard Plan RSP A88A and City of Vernon’s ADA Transition Plan as field conditions allow it. The Contractor shall mark the limits of work in the field for each street corner involved and the City shall verify the limits will meet the required grades. The Contractor shall verify the required work to complete the proposed concrete curb ramp construction including but not limited to the cost for removal, disposal and relocation of the existing sidewalk curb drains, utility, traffic/street related poles and boxes. The ramp shall be poured monolithically with depressed gutter which has 0” (zero inch) lip. Unless otherwise indicated on plans, remove a 1’ wide by 12” deep section of pavement (asphalt, concrete, base) along the edge of existing gutter, recompact base or sub-grade and repave with 4” thick asphalt concrete pavement to 2” below edge of gutter to allow for 2” asphalt concrete pavement overlay to be flush with edge of gutter. The cost of the truncated dome, depressed gutter, soil backfill, re-compaction and all the above work for proposed curb ramp shall be included in the curb ramp unit bid price and no additional compensation to the Contractor shall be made therefor.

The location of the ramps to be re-constructed are shown on the contract plans and on the Contract plans.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
15 e. Concrete Street Tree Well
The street tree well including tree well appurtenances, curb inlet and local depression shall be constructed according to the City of Vernon’s Standard MV 1891. The City shall mark the location and limits of each tree well in the field and the Contractor shall verify that the street conditions will satisfy with required grades. The contractor shall verify the required work to complete each new tree well including but limited to the cost of the removal, disposal, planting of tree, construction of curb inlet, local depression, sidewalk and installation of tree grate. The cost of the grate frame, backfill, re-compaction, tree and all of the above work for the proposed tree well shall be included in the street tree well unit bid price and no additional compensation to the Contractor shall be made therefor. f. Concrete Joints and Keyways
Longitudinal joints shall coincide with traffic lanes unless otherwise approved by the City's Project Manager. Construction of keyways and tie bars shall be per the Standard Plan for Public Works Construction Standard Plan No. 134-3 and placed at every cold joint in the concrete slab/pavement or as directed by the City's Project Manager.

7. Truncated Domes
Curb ramp and walkway detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps or walkways according to the Revised Caltrans Standard Plan RSP A88A. The detectable warning surface shall be prefabricated cast-in-place on the curb ramp or walkway. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No. 33538. The finished surfaces of the detectable warning surface shall be free from blemishes. The cost of installing truncated domes on proposed concrete curb ramp shall be included in concrete curb ramp bid item unit price and no additional compensation to the Contractor shall be made therefor.

The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract.

8. Asphalt Concrete Overlay
The Contractor shall submit its proposed paving schedule to the City's Project Manager for approval 48 hours before start of work. Asphalt concrete overlay paving between the boundaries of work, shall be a depth of 2 inches as noted on plans. Either overlay paving of entire street or base paving for removal areas, all asphalt concrete shall be Class C2-PG 70-10. A tack coat of SS1h shall be applied at the rate of 0.10 gallons per square yard. The cost of furnishing and applying tack coat SS-1h must be included in the paving operation, and no extra compensation will be paid to the contractor.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
16 9. Full Depth Asphalt Removal
a. General
Shall be in accordance with Section 401-2 of the Standard Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any subgrade materials to the asphalt millings.
b. Subgrade and Surface Preparation
Prior to placing new pavement the subgrade soils/base shall be properly prepared, moisture treated and compacted to a minimum of 95 percent relative compaction based upon ASTM D 1557 so as to create an evenly graded, unyielding surface. If the new pavement is to be placed on an existing milled pavement surface it shall be verified that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the milled surface that might compromise the integrity of the new pavement. When new pavement is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, planters, etc.; these contact surfaces shall be swept of all loose material to create a dry clean surface. A tack coat of SS-1h emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing the new pavement. New pavement is not recommended as a direct overlay on existing asphalt pavement without first milling the underlying pavement to aid in bonding and to prevent slippage.

10. New Asphalt Concrete Paving
a. General
Asphalt concrete base paving material for this project shall be Class C2 PG 70-10 per the specifications below. The asphalt concrete material shall include the following:



Fractured faces of crushed rock shall conform to Standard Specifications 200-1.2.

Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix.

Minimum air void shall be 4% per Standard Specifications 203-6.4.4.

The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants.

The Contractor shall establish designated asphalt truck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. The City shall approve this plan five (5) days prior to paving.

The Contractor shall place diesel fuel on top of all manholes, valves and monument covers immediately before the final asphalt pavement overlay. Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform surface. Compacted edge along gutter shall be flush.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
17 No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around.

Paving operations at the end of each day or night shall leave no joints parallel to the direction of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. b. Latex Additive
This work shall consist of adding a 2% latex rubber additive to the asphalt concrete mix for the final 2" thick surface overlay shall be Class C2-PG 70-10 in accordance with the following provisions and the Standard Specifications Section 302-5:




Latex rubber shall be water based emulsified suspension of Styrene/Butadiene Rubber in liquid form.

Latex rubber, amounting to 2% by weight of the asphalt cement, shall be added at the pug mill with the asphalt cement during the mixing cycle.

The Contractor shall submit the mix design to the City's Project Manager for approval prior to use.

Latex rubber may be added to the mixture in any method that will assure uniform distribution, accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt.  The wet mixing cycle shall be 50 seconds.

Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement with Latex and no extra compensation will be paid to the Contractor. c. Tack Coat Application
A tack coat of SS-1h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS-1h must be included in the paving operation, and no extra compensation will be paid to the Contractor.

The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack-coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration as needed.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
18 d. Field Testing
The crushed miscellaneous base material shall be compacted to a relative compaction of 95%. All trenches and sub-grade below six inches (6") shall be compacted to a relative compaction of 90%.

The asphalt concrete pavement compaction after rolling shall also be 95%. The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt-testing device.

The Contractor shall notify the City 48 hours in advance when to schedule field relative compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor’s expense.

11. Adjust Manhole Frame and Cover Utility Valves
The Contractor, as part of the paving operations, shall adjust to finish grade all the utility (gas, water etc.) manholes, valves and survey monuments as necessary at no cost to the City. The City will furnish new extension sleeves when necessary and the Contractor shall install as directed by the City. The Contractor shall free all the valve covers 300 feet ahead of the paving machine.

Immediately after rolling, the valve covers must be raised or lowered to new grade to insure proper access. Existing valves must be exposed and accessible at all times. The valve covers that are unable to be freed and raised during paving operations shall be marked on the new pavement or tied to the existing sidewalk and the Contractor shall raise or adjust the valve covers to the new finished grade within a week with no cost to the City.

12.Replacement of Manhole Frame and Cover
The contractor must provide a cut sheet of the manhole frame and cover to the City for approval prior to the purchase of these materials. The manhole frame and cover name must match with the utility. Additionally, the manhole frame and cover must meet all the specifications of the Standard Plans for Public Works Construction (2021 Edition) Standard Plan No. 630-5.

The cost for the materials and disposal of the manhole frame and cover must be included in the manhole frame and cover bid item.

13.Benchmark Replacement
If benchmarks and/or centerline ties are displaced or damaged during construction, the Contractor shall replace them per City of Vernon Standards at no cost to the City. Contractor shall notify the City within 24 hours of displacing a benchmark and/or centerline ties.

14.Striping Improvements
a. General
Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the Standard Specifications and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Caltrans Standard Specifications. The Contractor shall layout (cat track) all striping within one week after EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
19 the placement of the final paved surface. Once approved by the City, the striping of all the streets shall be installed with Thin-mil thermoplastic traffic stripes and pavement markings. The Contractor shall furnish the necessary control points for all existing striping and legend marking prior to removing them. Traffic striping shall be placed upon the finished asphalt concrete or PCC pavement surface according to the plans. Crosswalk markings at adjacent approaches to the improvements shall be restriped as noted on traffic striping plans. The Contractor shall be responsible for the completeness and accuracy of the layout and re-striping to the satisfaction of the City. A blue retro reflective raised pavement marker per Caltrans Traffic Manual Section 6-

03.4, Figure 6-44 shall be placed on new asphalt pavement at all fire hydrant locations. The contractor shall place temporary striping tabs before the street is opened up to traffic. The Contractor shall also install pavement markers according to the striping plans.

Prior to the installation of the traffic signal loops, the contractor shall layout the proposed crosswalks. The cost of preparing layout and furnishing control points must be included in the respective lump sum bid item, and no extra compensation will be paid to the Contractor. b. Temporary Striping
The Contractor shall install temporary traffic striping tabs on the same day(s) of the cold planning and overlay before the lanes are opened to traffic. The cost of all the temporary striping and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to the contractor. All temporary striping shall be removed prior to the final striping.

Layout “Cat Track” shall be approved by the City before the final striping improvements are installed.
c. Paint Materials
Furnishing and installing traffic striping, pavement markers, and pavement markings (legends) shall conform to Section 214 of the Standard Specifications and/or the provision in Section 84 “Traffic Stripes and Pavement Markings”, and in Section 85, “Pavement Markers” of the Caltrans Standard Specifications.

Thin-mil thermoplastic traffic stripes and pavement markings, and thermoplastic crosswalks and limit lines shall conform to the provisions in Sections 84-1, “General,” and 84-2, “Thermoplastic Traffic Stripes and Pavement Markings,” of the Caltrans Standard Specifications and these special provisions.

Specifications for glass beads shall be “8010-004 (Type II).” Glass beads shall be premixed within the thermoplastic material prior to application and also applied to the thermoplastic striping material immediately following the application of the striping.

Thin-mil thermoplastic material shall conform to the requirements of Caltrans Specification No. PTH-02SPRAY, for Thermoplastic Traffic Striping Material, Sprayable, White and Yellow.

The binder material shall be Alkyd. Copies of the Caltrans Specification No. PTH- 02SPRAY are available at the Caltrans Transportation Laboratory, Sacramento, California.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
20 Thermoplastic material shall conform to the requirements of Caltrans Specification No.

PTH-02ALKYD.

Thin-mil thermoplastic material for traffic stripes shall be applied by spray method in single uniform layer at the minimum thickness of 30 mils and not to exceed 45 mils.

Thin-mil thermoplastic material shall be applied to the pavement at a temperature between 350º F. and 400º F., unless the manufacturer recommends a different temperature.

The Contractor shall adjust the thermoplastic application rate as necessary to achieve the thermoplastic application rate stated above prior to striping. Thermoplastic application rate tests (up to and including 5 thermoplastic application rate tests per day, including the thermoplastic application rate test at the start of each workday) may be conducted at random times and locations throughout each workday at the discretion of the City's Project Manager.

Beads Materials:




Beads shall be colorless and free from milkiness.

No. 2 beads shall be used.

Beads shall be kept in a dry storage to prevent moisture absorption.

Beads shall be applied uniformly at the rate of five (5) pounds to seven (7) pounds of beads per gallon of paint.
 Beads shall be uniformly heated to not less than eighty (80) degrees Fahrenheit when applied.

The cost of all paints, beads, other material and equipment required to complete the job must be included in the respective lump sum bid item, and no extra compensation will be paid to the contractor.
d. Testing
The paint application rate shall be determined by passing the striper over a metal plate while the paint application system is operating. The flow of glass beads shall be stopped while passing over the metal plate. The Engineer or representative shall measure thickness of the applied thermoplastic immediately after application of thermoplastic on the metal plate.

Striping shall not continue if the proper thickness of thermoplastic is not being applied.

Adjustments and corrective measures shall be applied to ensure that the correct thickness of thermoplastic will be applied. Testing of the thermoplastic application rate, as described above, will be required following any adjustment to the thermoplastic application rate, thermoplastic applicator nozzles, or any other thermoplastic application equipment prior to commencement or re-commencement of striping. The initial testing and re-testing of thermoplastic application rates at any location shall be considered as a single thermoplastic application rate test.

EXHIBIT B – SPECIAL PROVISIONS
Contract No. 20240122
21 EXHIBIT C

EQUAL EMPLOYMENT

OPPORTUNITY

PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each
subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees
are treated equally and are not discriminated against because of their race, religious creed, color, national
origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated
facilities.

B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or
on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will
receive consideration for employment without regard to their race, religious creed, color, national origin,
ancestry, handicap, sex or age.

C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this
Agreement, discriminated against applicants or employees because of their membership in a protected D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its class. awarding
authority, provide copies of all of its records pertaining or relating to its employment practices, except to the
extent such records or portions of such records are confidential or privileged under state or federal law.

E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is
prohibited by law.

EXHIBIT D

CITY STANDARD PLANS

SPECIFIC FOR THIS

PROJECT

REVISIONS STANDARD TREE
PLANTING MV 1891

REVISIONS STANDARD TREE
PLANTING MV 1891

REVISIONS STANDARD TREE
PLANTING MV 1891

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PUBLIC WORKS

DEPARTMENT
GIFFORD AVE., 48TH, 49th, AND 50TH
STREET

IMPROVEMENTS VICINIT
Y MAP

STANDARD
LEGEND

GENERAL

CONSTRUCTION
NOTES:

STREET

CONSTRUCTION
NOTES

CONTRACT SHEET

SCHEDULE

STANDARD

SYMBOLS CALTRANS

STANDARDS CHANNELIZATI

ON NOTES

GENERAL

CHANNELIZATION
NOTES:

VERNON

STANDARDS

DISPOSITIO

N NOTES A
STREET

CONSTRUCTION
NOTES
48TH STREET CROSS SECTION A-A NOT TO
SCALE

DISPOSITIO

N NOTES A
CORONA
AVE.

A
A A A
A
A A A
A 48TH
STREET

MATCHL SEE CONTRACT INE
SHEET NO. 5 GIFFORD
AVE.

STREET

CONSTRUCTION
NOTES
49TH STREET CROSS SECTION B-B 49TH STREET CROSS
STATIONS 24+25.05 SECTION C-C
TO 29+32.40

NOT TO SCALE
STATIONS 29+42.40
TO 31+88.00

NOT TO SCALE
CORONA
AVE.

A A A A A

DISPOSITIO
A A A
A

A N NOTES A
49TH
STREET

GIFFORD
AVE. SEE CONTRACT SHEET NO. 5 MATCHLINE A
A
A
A A A

A A A A
A 49TH
STREET
MATCHLINE SEE CONTRACT SHEET NO. 5
49TH STREET CROSS SECTION D-D 49TH STREET CROSS SECTION E-E STATIONS 32+68.60 TO 34+46.50

NOT TO SCALE
STATIONS 34+57.10
TO 38+81.56

NOT TO SCALE
STREET

CONSTRUCTION
NOTES
50TH STREET CROSS SECTION F-F NOT TO
SCALE

DISPOSITIO

N NOTES
A

GIFFORD
AVE.

A SEE CONTRACT SHEET NO. 5 MATCHLINE

A A A A A A A A

A A A A A A A
50TH
STREET
MATCHLINE SEE CONTRACT SHEET NO. 5
STREET

CONSTRUCTION
NOTES

GIFFORD AVENUE CROSS SECTION G-G GIFFORD AVENUE NOT TO CROSS SECTION I-I SCALE NOT TO SCALE

DISPOSITIO

N NOTES A
49TH
ST.

SEE CONTRACT SHEET NO. 3 MATCHLINE
50TH
ST.

SEE CONTRACT SHEET NO. 4 MATCHLINE

FRUITLAN
D AVE.

A
A
A
A A

A A A A A
A A A
A A A

A GIFFORD
AVENUE
A

MATCHL INE
A A MATCHLINE SEE CONTRACT SHEET NO. 3
SEE CONTRACT SHEET NO. 2 48TH
ST.

MATCHLINE SEE CONTRACT SHEET NO. 4

CHANNELIZATI

ON NOTES
CORONA
AVE.
48TH
STREET
49TH
STREET

MATCHL SEE CONTRACT INE
SHEET NO. 7 GIFFORD
AVE.

CORONA
AVE.

GIFFORD
AVE. SEE CONTRACT SHEET NO.7 MATCHLINE
49TH
STREET
MATCHLINE SEE CONTRACT SHEET NO. 7

CHANNELIZATI

ON NOTES

GIFFORD
AVE. MATCHLINE SEE BELOW
50TH

MATCHLINE SEE BELOW STREET
49TH
ST.

SEE CONTRACT SHEET NO. 6 MATCHLINE
50TH
ST.

FRUITLAN
D AVE.

MATCHLINE SEE ABOVE

GIFFORD
AVENUE
MATCHLINE SEE CONTRACT SHEET NO. 6 48TH ST.

MATCHLINE SEE CONTRACT SHEET NO. 6 MATCHLINE SEE ABOVE
NOTICE INVITING BIDS for Gifford Ave., 48th ,49th and 50th Street Improvements in the
City of
Vernon
One original sealed bid must be signed and submitted prior to 2:00 p.m., Tuesday, October 24,
2023, to the City Clerk’s Office, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”). All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name and address appearing on the outside. Bids shall be clearly titled and should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk’s Office on Tuesday, October 24, 2024,, at 2:00pm. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all Bid Packages are opened and announced, the contents (collectively, the “Completed Bid Forms” and the uncompleted forms, the “Bid Forms”) will be made available for public review. Except as set forth in Paragraph 22 (“Public Records”), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public record.

Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids.

Pre-Bid Meeting: A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 10:00 a.m. on Tuesday, October 10, 2023 in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications. Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is mandatory. City of Vernon Contact Person:

Public Works
Department Attention: Lissette Melendez, Project Engineer Phone: (323) 583-8811 ext. 246
Email: [email protected]

179
Mandatory Qualifications for Bidder and Designated Subcontractors:

A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification. General Scope of Work Contractor shall furnish labor, materials, equipment, :
services, and specialized skills to perform
work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following: The project consists of a 2” deep header cut, 10 feet wide, crack seal and placement of 2” thick C2- PG-70-10 asphalt concrete installed in one lift. In addition, this project includes the construction of ADA ramps, new curb and gutter, and construction of tree wells.

The work shall be done in accordance with Contract No. 20240122. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10. Mandatory Qualifications for Bidder and Designated Subcontractors:

A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that: Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. In addition, if the Bidder intends to self-perform the striping work and traffic markings, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractor Statement of Qualifications applicable to such Work and submit the completed forms with the Bid.

Subcontractors listed for the striping work and traffic markings work must satisfy the mandatory qualifications described in the Specialty Contractors’ Statements of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid. Other Bidding Information:

1. Contract Time: This Work must be completed within
commencement as established by the City’s 60 calendar days from the date of written Notice to Proceed. 2.

3. 4.

Amount of Liquidated Damages: $250 Bidding Documents. Bids must be made on the per calendar day.

Proposal Form contained herein.

Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $500,000 to $550,000.

5. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City.

179

6. Contractor’s License. At the time of the Bid
performance of the Work, including full completion of all Deadline and at all times during corrective work during the Correction
Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California State License Board. In addition, if Bidder intends to self perform street striping and traffic markings work, bidder must possess the following licenses: C-32 Parking and Highway Improvement as applicable to such self performed Work . The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law.

7. Subcontractors’ Licenses and Listing. Bidders must
Bidder must disclose under Public Contract Code Section list each Subcontractor whom the 4104 (Subcontractor Listing Law), and
the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, public works contractor registration number issued pursuant to Labor Code Section 1725.5, and portion of the Work). An inadvertent error in the license number or public works contractor registration number will not be considered nonresponsive if corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work.

8. Permits, Inspections, Plan Checks, Governmental
Authorizat Approvals, Utility Fees and Similar
ions. Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup. 9. Bid Forms and Security: Each Bid must be made on Public Works Department. Each Bid shall be accompanied the Bid Forms obtainable at the by a cashier’s check or certified
check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents.

10. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after

179
the Bid Deadline. 11. Substitution of Securities. Pursuant to California substitution of securities for withheld funds is Public Contract Code Section 22300, permitted in accordance therewith. 12. Prevailing Wages. This Project is a “public work” as Section 1720. Contractor awarded this Contract and all defined in California Labor Code Subcontractors of any tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.

13. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 14. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.

Carlos Fandino
City Administrat Dated: ___________ (Approved as to form by or the City Attorney’s Office) Published: _______

179
City of Vernon
Instructions for Bidders Project: Gifford Ave., 48th, 49th and 50th Street Improvements for the Department of Public
City personnel with whom prospective Works bidders will deal with are:

Lissette Melendez, Project Engineer, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 246
Bid opening date and time: Tuesday, October 24, 2023 (“Bid Deadline”).

Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058.

The bid must be received by the City Clerk’s Office prior to the time set for bid opening. A bid received by the City Clerk’s Office after the time set for the bid opening is a non-responsive bid and shall not be considered. GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 1. CONTRACTORS LICENSE The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.

2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND

ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids.

Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record. Page 11 of 179
Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.

Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

B. Adden da will be mad
e
availa ble for inspecti
on
at
www.cityofvernon.org/planetbids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall

3. acknowledge their receipt in the Bid.

4. OBTAINING DRAWINGS AND DOCUMENTS Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued. BID FORMS – SUBMITTAL
A.

B.

The Bids shall be made on the forms provided herein with all blank spaces properly filled in.

The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.

C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.

D.

E.

One Original Bid shall be hand delivered, delivered by courier or package delivery service to the Office of the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058. Bids received after the Bid Deadline or at any place other than the Office of the

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City Clerk will not be considered.

5. BID FORMS – AUTHORIZED SIGNATURES A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature. B.

C.

Sole Proprietorship: An individual shall sign.

Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners.

D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached.

E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation. 6. BID FORMS – SCHEDULE OF BID PRICES A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor.

B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive.

C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for

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any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.

D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base

7. BID Bid is required, enter “No Change.” SECURIT
YA.

B.

Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”).

All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.

C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original

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lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder. D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders.

E.

F.

If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted. 8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF

QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." In addition, if the Bidder intends to perform street striping and traffic marking work, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractors’ Statements of Qualifications applicable to such Work and submit the completed forms with the Bid. Subcontractors listed for the street striping and traffic marking work must satisfy the mandatory qualifications described in the Specialty Contractor or Subcontractor Statement of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid.

Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications and the Specialty Contractor or Subcontractor Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications and Specialty Contractor or Subcontractor Statement of Qualifications form completed with all information required may render the Bid non- responsive. If the City determines that any information provided by a Bidder in the Bidder’s or Specialty Contractors’ Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being nonresponsive.

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B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.

9. DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, each Subcontractor’s public works contractor registration number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount.

B.

C.

Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor and hold all specialty certifications required for such Work.

Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute.

The City’s disqualification of a Subcontractor does not disqualify a Bidder.

However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.

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D.

E.

Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents.

Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting subbids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.

Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.

10. 11.

CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION
An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected.

INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected.

12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded.

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B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto.

13. PRICES AND PAYMENTS Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions.

14. 15.

PERMIT FEES If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees.

SUBSTITU TIONS
No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fifteen (15) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions.

Authorization of a substitution is solely within the discretion of the City.

16. 17.

RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non- responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal. WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be datestamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions

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to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.

Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract.

18. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department , 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.

B. Evaluation of Bids.

1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3)similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects. street striping and traffic markings work does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.

2. 3.

Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents. 4. Competency of Bidders. In selecting the lowest responsible Bidder,

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consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.

19. 20.

AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening. BASIS OF AWARD
A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding
Documents. The City will award the Contract based on the lowest total of the bid prices on the base bid and those additive or deductive items that when taken in order from a specifically identified list of those items in the Bid Form and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the City before the first bid is opened.

B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid. 21. EXECUTION OF CONTRACT Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents: A.

B.

One executed Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized. Properly executed copies of the (a) Performance Bond, (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements

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set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be
C. notarized. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions.

In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day. After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return a fully executed copy to

22. Contractor for its files. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable.

23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price Page 21 of 179
quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available from the City at its Public Works Department, which shall be made available to any interested party upon request; or on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq.

B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.

C. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.

D. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices.

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24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.

25. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder. A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City. B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities.

Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

Contractor shall require like compliance by all Subcontractors employed on the Work.

26. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions: Page 23 of
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1. The Bid protest is in writing; 2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to 3. All other protests are to be filed and received the Bid Deadline; by the City no more than five (5) calendar days following the City’s notice of 4. The written Bid protest sets forth, in detail, all intent to award the Contract; and grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence.

B.

C.

Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT]

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BIDDING
FORMS

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