Cities Index.
Agenda packet

Williams City Council
May 20, 2026

Document
Agenda packet
Meeting
May 20, 2026
Body
Williams City Council
Original file
59.0 MB
Text extracted from the city's file for reading and search. Open the original on www.cityofwilliams.org. That file is the official record.

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 01
T-1
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

TITLE SHEET

CITY OF WILLIAMS

HIGHWAY SAFETY IMPROVEMENT

PEDESTRIAN IMPROVEMENTS
THE INTERSECTION OF: 8TH STREET AND F STREET

IN THE CITY OF WILLIAMS, COUNTY OF COLUSA
PROJECT NO. 26-002
N
N

SHEET INDEX
LEGEND:

LEGEND:

NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 02
SC-1
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

SURVEY CONTROL & DEMOLITION PLAN
STA 10+00 to STA 13+75
N
NOTES:

CONSTRUCTION NOTES:

LEGEND:

F STREET 8TH STREET

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 03
CD-1
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

CONSTRUCTION DETAIL
N

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 04
CD-2
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

CONSTRUCTION DETAILS
1 CD-2

PAVEMENT CONFORM DETAIL

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 05
CD-3
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

CONSTRUCTION DETAILS
STRIPING & SIGNAGE NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 06
PD-1
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

STRIPING AND SIGNAGE PLAN
N

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
07 07
PD-2
100%
2/5/2026
WILLIAMS HSIP, PEDESTRIAN IMPROVEMENTS 03-WILLIAMS-2.1 PROJECT

SIGNAGE AND STRIPING DETAILS
1 07

LADDER CROSSWALK
2 07

MEDIAN NOSE TREATMENT DETAIL
SECTION 00001

CITY OF WILLIAMS
SPECIFICATIONS FOR CONTRACT NO. 2026-002
FOR
Williams Highway Safety Improvement Program
Pedestrian Improvements 03-Williams-2.1

February, 2026
SECTION 00001

CITY OF WILLIAMS
Williams Highway Safety Improvement Program
Pedestrian Improvements 03-Williams-2.1
City Project No. 26-002

THE SPECIAL PROVISIONS CONTAINED HEREIN HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING REGISTERED PERSONS.

David Harden, PE Date
Registered Civil Engineer No. C84216
SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
- 1 -

82276.00009\9786230.1

INTRODUCTORY INFORMATION
SECTION 00001 PROJECT TITLE PAGE
SECTION 00010 TABLE OF CONTENTS
SECTION 00100 NOTICE INVITING BIDS

BIDDING REQUIREMENTS
SECTION 00400 BID FORM
SECTION 00405 CONTRACTOR’S CERT. RE WORKERS’ COMPENSATION SECTION 00410 BID BOND
SECTION 00420 NON-COLLUSION DECLARATION
SECTION 00440 LIST OF SUBCONTRACTORS FORM
SECTION 00441 PUBLIC WORKS CONTRACTOR CERT

CONTRACT FORMS
SECTION 00500 CONTRACT
SECTION 00610 PERFORMANCE BOND
SECTION 00620 PAYMENT BOND

CONDITIONS OF THE CONTRACT
SECTION 00700 GENERAL CONDITIONS
SECTION 00750 SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

PLANS AND DRAWINGS

SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
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82276.00009\9786230.1

NOTICE INVITING BIDS
The City of Williams (“City”) will receive sealed envelope bids only for the Williams Highway Safety Improvement Program, Pedestrian Improvements 03-Williams-2.1 Project at City of Williams City Hall, 810 E Street, Williams, CA 95987, no later than Month Day @ 2:00PM, at which time or thereafter said bids may be read aloud. Bids shall be valid for 90 calendar days after the bid opening date.

The Project shall be completed within 30 work days. The Contractor shall provide a start date and a schedule of work within ten (10) calendar days after the date on which the Notice of Award is provided by the City to the contractor. All work shall be completed prior to October 15th, 2026.

General Construction Items:

Thermoplastic Traffic Striping & Markings, Remove and Replace Roadside Signs, Rectangular Rapid Flashing Beacon System, Remove Sidewalk, Landscaping, Replace Sidewalk, Replace Curb & Gutter, Replace Valley Gutter, Install Pedestrian Passageway Medians, and Grind & Overlay.

Bids must be submitted on the City’s Bid Forms.

Each bid shall be accompanied by the non-collusion declaration and the list of proposed subcontractors.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure section 995.120, and is admitted by the State of California Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
- 3 -

82276.00009\9786230.1
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid. The use of LCPtracker to submit all requested prevailing wage related documentation to the City IS REQUIRED of all contractors and subcontractors performing covered work on this project.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Class A license or a combination of license classes required for all work at the time this contract is awarded.

This Project is subject to labor compliance oversight by the Department of Industrial Relations, Division of Labor Standards Enforcement, Compliance Monitoring Unit (CMU).

The successful bidder must comply with the CMU requirements under subchapter 4.5 of chapter 8 of title 8 of the California Code of Regulations. In bidding on this project, it shall be the bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

Pursuant to Public Contract Code section 3400(b), if the City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

Award of Contract: The contract shall be awarded to the contractor submitting the lowest responsible Base Bid Price or the Lowest total of the Combination of Base Bid Price plus Alternate Bid Price. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For general information, contact Dave Harden, City Engineer at 530-906-1806.

All Bidder questions shall be submitted in writing no later than MONTH ##, 2025 at:
[email protected].

END OF NOTICE INVITING BIDS
SECTION 00400

BID FORM
SECTION 00400

BID FORM
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**82276.00009\9786230.1

CITY OF WILLIAMS

BID FORM
NAME OF BIDDER:

The undersigned bidder hereby declares that it has carefully examined the location of the proposed Work, and has read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

Williams Highway Safety Improvement Program, Systematic Improvements 03-Williams2.1 Project We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Contract Documents for the TOTAL BASE BID PRICE:

BASE BID SCHEDULE
NO. ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

LINE ITEM
COST
1 MOBILIZATION 1 LS
2 TRAFFIC CONTROL SYSTEM 1 LS
3 WATER POLLUTION CONTROL PROGRAM 1 LS
4 ROADSIDE SIGN 11 EA
5 RECTANGULAR RAPID FLASHING BEACON SYSTEM 1 LS
6 THERMOPLASTIC 12-INCH LIMIT LINE 30 SQFT
7 THERMOPLASTIC PAVEMENT MARKING 800 SQFT
8 REMOVE ROADSIDE SIGN 2 EA
9 REMOVE THERMOPLASTIC PAVEMENT MARKING 100 SQFT
10 HOT MIX ASPHALT (TYPE A) - ROADWAY CONFORM 20 TON
11 MINOR CONCRETE (MEDIAN TYPE A1-8) 120 LF
12 MINOR CONCRETE (SIDEWALK) 240 SQFT
13 MINOR CONCRETE (CURB RAMP) 490 SQFT
14 MINOR CONCRETE (VALLEY GUTTER) 140 SQFT
15 MINOR CONCRETE (CURB AND GUTTER) 140 LF
16 STAMPED AND COLORED CONCRETE MEDIAN PAVING 240 SQFT
17 PEDESTRIAN PASSAGEWAY (TYPE A) 2 EA
18 CLASS 2 AGGREGATE BASE 50 CY
19 REMOVE CONCRETE (CURB & GUTTER, SIDEWALK, VALLEY
GUTTER) 1180 SQFT
SECTION 00400

BID FORM
SECTION 00400

BID FORM
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**82276.00009\9786230.1
20 ROADWAY EXCAVATION 50 CY
21 LANDSCAPING (NATIVE FILL AND SEEDING) 1 LS
22 TRAFFIC STRIPE - DETAIL 26 50 LF

TOTAL BASE BID PRICE ---------- --------- -------
Bidders must provide pricing for every bid item. Base Bid items above are reflected in the project plans.

The estimated quantities for unit price items are for purposes of comparing bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates.

In case of discrepancy between the unit price and the line item cost set forth for a unit price item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder.

However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Cost” column, then the amount set forth in the “Line Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the City from measured quantities of work performed.

BASE BID PRICE (BASED ON BID SCHEDULE):
$ ________________________________________
Base Bid Price in Numbers
______________________________________________________________________ Base Bid Price in Written Form
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The contract shall be awarded to the contractor submitting the lowest responsible Base Bid Price or the Lowest total of the Combination of Base Bid Price plus Alternate Bid Price.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City.

SECTION 00400

BID FORM
SECTION 00400

BID FORM
- 6 -

**82276.00009\9786230.1
Bidders Name (Printed): ____________________________________ Bidders Signature: ____________________________________ Date: ______________________

ALTERNATIVE BID
If the Contract Documents specify alternate bid items, the following Alternate Bid amounts shall be added to the Base Bid Price entered above, at the City’s sole option. The City can choose to include any, all or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bids items, the corresponding Alternate Bid prices shall be added to Base Bid Price for the Work. The City can select Alternate Bid items at any time. The Alternative Bid items reflect work indicated on the plan set.

ALTERNATIVE BID #1 SCHEDULE
NO. ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

LINE ITEM
COST
1 HOT MIX ASPHALT (TYPE A) – GRIND & OVERLAY 2” TON 90

TOTAL BASE BID PRICE ---------- --------- -------
The Contract Time shall commence on the date stated in the City’s Notice to Proceed or as stated above. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed, or before providing the required bonds and evidence of insurance.

The contract shall be awarded to the contractor submitting the lowest responsible Base Bid Price or the lowest total of the Combination of Base Bid Price plus Alternate Bid Price.

ALTERNATE BID PRICE (BASED ON ALTERNATE BID SCHEDULE):
$ ________________________________________
Alternate Bid Price in Numbers
______________________________________________________________________ Alternate Bid Price in Written Form

TOTAL COMBINATION OF BASE BID PRICE PLUS ALTERNATIVE BID PRICE SECTION 00400

BID FORM
SECTION 00400

BID FORM
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**82276.00009\9786230.1
$ ________________________________________
Total of Base Bid Price Plus Alternate Bid Price
______________________________________________________________________ Total of Base Bid Price Plus Alternate Bid Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail.

Bidders Name (Printed): ____________________________________ Bidders Signature: ____________________________________ Date: ______________________

END OF BID FORM
SECTION 00405
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION SECTION 00405
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION - 8 -

82276.00009\9786230.1
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name
Title
Dated
END OF CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION SECTION 00410

BID BOND
SECTION 00410

BID BOND
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82276.00009\9786230.1

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that, __________________________ hereinafter called the PRINCIPAL, and____________________________________, a corporation duly organized under the laws of the State of ____________________, having its principal place of business at ____________________________________ in the State of _____________________________, and authorized to do business in the State of California, hereinafter called the SURETY, are held and firmly bound unto the City of Williams, hereinafter called the OBLIGEE, on order, in the sum of ________________________________ Dollars ($__________________) (being at least ten percent (10%) of the total amount of PRINCIPAL’S bid price) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled ____________ _____________________________________ to the OBLIGEE, the Bid, by reference thereto; being hereby made a part hereof.

NOW, THEREFORE, if the Bid is rejected or, in the alternate, if the Bid is accepted and the PRINCIPAL signs and delivers a Contract and furnishes evidence of insurance and a Performance Bond and Payment Bond, all in the form and within the time required by the Contract Documents, then this obligation shall become null and void, otherwise the same shall remain in full force and effect and upon default of the PRINCIPAL shall be forfeited to the OBLIGEE, it being expressly understood and agreed that the liability of the SURETY for any and all default of the PRINCIPAL shall be the amount of this obligation as herein stated, as liquidated damages.

The SURETY, for value received, hereby agrees that its obligations and its bond shall not be impaired or affected by any extension of the time within which the OBLIGEE may accept the Bid, and the SURETY hereby waives notice of any such extension.

In the event suit is brought upon this Bond by the OBLIGEE and judgment is recovered, the SURETY shall pay, in addition to the sum set forth above, all costs incurred by the OBLIGEE in such suit, including reasonable attorney’s fees and expert witness fees, to be fixed by the court, in addition to the penal sum of the Bond.

Signed this ______ day of _______________________, 20___.

BY: SURETY BY: PRINCIPAL
Note: Signature of person executing for Surety must be notarized and evidence of corporate authority attached.

END OF BID BOND
SECTION 00420

NON-COLLUSION DECLARATION
SECTION 00420

NON-COLLUSION DECLARATION
- 10 -

82276.00009\9786230.1

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ___________________ of ___________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state].
___________________________________________________
(Signature)
___________________________________________________
(Print Name)
___________________________________________________
(Print Title)
____________________________
(Date)

END OF NON-COLLUSION DECLARATION
SECTION 00440

LIST OF SUBCONTRACTORS FORM
SECTION 00440

LIST OF SUBCONTRACTORS FORM
- 11 -

82276.00009\9786230.1

LIST OF SUBCONTRACTORS FORM
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name, contractor’s license number, DIR registration number and the location of the place of business of and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. The City may, within its sole discretion, grant additional time to provide the below requested information.

If no subcontractor is specified for a portion of the Work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater, or if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of
Work Subcontractor Location of
Business
CSLB
License
Number
DIR
Registration
Number

SECTION 00440

LIST OF SUBCONTRACTORS FORM
SECTION 00440

LIST OF SUBCONTRACTORS FORM
- 12 -

82276.00009\9786230.1
Portion of
Work Subcontractor Location of Business
CSLB
License
Number
DIR
Registration
Number

Name of Bidder ___________________________
Signature ________________________________
Name and Title __________________________
Dated

END OF LIST OF SUBCONTRACTORS FORM
SECTION 00441

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SECTION 00441

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
13 82276.00009\9786230.1

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Bidder:

DIR Registration Number:

Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature:

Name and Title:

Dated:

END PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
- 14 -

82276.00009\9786230.1

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20__, in the County of Colusa, State of California, by and between the City of Williams, hereinafter called City, and ______________________________, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated by the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the following Project:

Williams Highway Safety Improvement Program, Systematic Improvements 03- Williams-1.1 Project
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 work days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________ Dollars ($_________________________________), hereinafter the Contract Price.

Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1000 for each and every calendar day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract.

SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
- 15 -

82276.00009\9786230.1
This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
• Notice Inviting Bids
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation • Designation of Subcontractors
• Non-Collusion Declaration Form
• Public Works Contractor Registration Certification
• Contract
• Performance Bond
• Payment Bond
• General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), 2015 Edition, (excluding Sections 1-9 in their entirety)
• Caltrans Standard Specification 2024
• Technical Specifications
• Addenda
• Plans and Drawings
SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
- 16 -

82276.00009\9786230.1
• Approved and fully executed change orders
• Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
[NAME OF CONTRACTOR]
By
_________________________________
Name and Title:

License No.
___________________________

CITY OF WILLIAMS
By______________________________
Name and Title:

END OF CONTRACT
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PERFORMANCE BOND
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PERFORMANCE BOND
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Williams (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

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

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

As a condition precedent to the satisfactory completion of the Project, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s SECTION 00610

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obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or SECTION 00610

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addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

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

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
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(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

END OF PERFORMANCE BOND
SECTION 00620

PAYMENT BOND
SECTION 00620

PAYMENT BOND
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PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Williams (hereinafter referred to as “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated _________________ (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

SECTION 00620

PAYMENT BOND
SECTION 00620

PAYMENT BOND
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It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
SECTION 00620

PAYMENT BOND
SECTION 00620

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

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

END OF PAYMENT (LABOR AND MATERIALS) BOND
SECTION 00700

GENERAL CONDITIONS
SECTION 00700

GENERAL CONDITIONS
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GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God is an earthquake of magnitude 3.5 or higher on the Richter scale or a tidal wave.
c. Applicable Laws means laws, statutes, ordinances, rules, codes, regulations permits and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
d. Approval means written authorization by Engineer and/or City. e. Contract Documents includes all documents as stated in the Contract. f. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
g. Day shall mean calendar day unless otherwise specifically designated. h. Engineer shall mean the City Engineer, or his or her designee, of the City of Williams, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents.
i. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
j. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. k. Install means the complete installation of any item, equipment or material. l. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.

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m. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
n. Project is The Work planned by City as provided in the Contract Documents. o. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
p. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
q. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Standard Specifications”), 2015 Edition, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Standard Specifications and when applicable, the latest Caltrans Standard Specifications, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Standard Specifications and the Contract Documents, the Contract Documents shall prevail.
r. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
s. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives, the most recent first

2. Addenda, the most recent first

3. Environmental documents and approvals
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4. Federal Requirements (If Applicable)

5. Special Provisions (or Special Conditions)

6. Technical Specifications

7. Plans (Contract Drawings)

8. Contract

9. General Conditions

10. Instructions to Bidders

11. Notice Inviting Bids

12. Contractor’s Bid Forms

13. Greenbook, 2015 Edition

14. State Standard Specifications, 2024 Edition

15. State Standard Plans, 2024 Edition

16. City of Williams Standard Specifications and Details, 2025

17. City of Williams Design Standards and Specifications, 2007

18. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, Three (3) copies of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

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

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and SECTION 00700

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methods of construction and other Project requirements. Contractor shall immediately notify the Engineer in writing of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Request for Information; Additional Instructions. Contractor may make a written request for information to address any error, inconsistency, ambiguity, conflict or lack of detail or explanation in the Contract Documents. The Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such written Approval as may be necessary for the proper performance of Work. d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. Existing Utilities
i. General – Known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. ii. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or cannot reasonably be inferred from the presence of other visible facilities. b. Utility Location
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i. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation or time extensions for work necessary to avoid interferences or for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section.
ii. The locating of utilities shall be in conformance with Government Code section 4216 except for the City’s utilities located on the City’s property and not in public right-of-way.
iii. A “High Priority Subsurface Installation” is defined in section 4216(e) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” iv. A “Subsurface Installation” is defined in section 4216(l) as “any underground pipeline, conduit, duct, wire, or other structure, except non-pressurized sewer lines, non-pressurized storm drains, or other non-pressurized drain lines.”
v. Pursuant to Government Code section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the City written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. vi. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. The City shall be given written notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

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vii. The Contractor's attention is directed to the requirements of Government Code section 4216.2(a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.2. The excavator and the operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installation prior to start time.” The Contractor shall notify the City in advance of this meeting. c. Utility Relocation and Repair
i. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, Contractor shall notify the City in writing.
ii. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, Contractor shall call 911 emergency services. iii. City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in ARTICLE 47 (Changes and Extra Work). The Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with ARTICLE 47. iv. The public utility, where they are the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or SECTION 00700

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hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
v. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract.
vi. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

ARTICLE 6. SCHEDULE
a. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City.

Contractor shall deliver the schedule and all updates to the City in paper form. b. Initial Schedule. Within five (5) Days after the issuance of the Notice to Proceed, Contractor shall prepare a schedule for the performance of the Work and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
c. Schedule Contents. The schedule shall allow enough time for inclement weather that can reasonably be expected at the Site. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the Contract Time. Schedule duration shall match the Contract Time.

Schedules indicating early completion will be rejected. d. Schedule Updates. Contractor shall continuously update its construction schedule to show the actual status of the Work and incorporate changes in the Work. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress SECTION 00700

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payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Invitation for Bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit written requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) Days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) Days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract.

If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) electronic copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected electronic copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information SECTION 00700

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given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
d. Contractor shall not be entitled to any extension of the Contract Time on account of the requirements of this Article.

ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within the Contract Time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced fulltime Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors. Contractor shall not employ or allow subcontractors to employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

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b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.

ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. b. The City reserves the right to Approve all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 14. VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, subsubcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 15. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and permits for plumbing, mechanical and SECTION 00700

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electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

ARTICLE 16. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project, including but not limited to startup and testing required in the Contract Documents.
c. All permanent meters Installed shall be listed in the Contractor’s name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City’s existing utilities. If Contractor uses City utilities, it shall compensate the City for utilities used by Contractor.

ARTICLE 17. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City.

Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the City.

Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

ARTICLE 18. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, SECTION 00700

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sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose a tort liability on the owner, any of its officers, officials, partners, employees, agents, consultants or volunteers. The Owner’s review of the Contractor’s excavation plan is only for general conformance to the Construction Safety Orders and does not relieve the Contractor of any obligation hereunder. Prior to commencing any excavation, the Contractor shall designate in writing to the City the “competent person(s)” with authority and responsibilities designated in the Construction Safety Orders.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled SECTION 00700

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completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

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

ARTICLE 20. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials (as defined in section 25117 of the Health and Safety Code) which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services.

The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

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

Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.

ARTICLE 22. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Without limiting the foregoing, Contractor must fully comply with all Applicable Laws, rules and regulations in furnishing or using equipment and/ or providing SECTION 00700

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services, including but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management City with jurisdiction over the Project and/ or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to “portable equipment” which definition is considered to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by the air quality management City, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in ARTICLE 49.

ARTICLE 23. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (“State Water Board”) Water Quality Order No. 2009- 00009-DWQ as modified by Order No. 2010-0014-DWQ, National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Discharges Associated with Construction Activity (“Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board.

Contractor shall include all costs of compliance with specified requirements in the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage District, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.

ARTICLE 24. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 25. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a qualified individual Approved by the Engineer. Any required “as-built” drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

ARTICLE 26. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

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b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 27. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance with the Contract Documents or Applicable Law shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents, at the Contractor’s cost.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

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f. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 28. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor in accordance with ARTICLE 47.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.

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4) Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
e. Should damage to persons or property occur as a result of The Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

ARTICLE 29. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work.

In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

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ARTICLE 30. RESERVED
ARTICLE 31. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents or excuse Contractor from performing in accordance with the Contract Documents. The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 32. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815. b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

ARTICLE 33. PAYROLL RECORDS
a. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall maintain and submit to the Department of Industrial Relations weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid 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. Contractor shall certify under SECTION 00700

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penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) The use of LCPtracker to submit all requested prevailing wage related documentation, including but not limited to Certified Payroll Reports, is required of all contractors and subcontractors performing covered work on this project. The city will provide a license for use of LCPtracker to all Contractors and subcontractors performing covered work. 2) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
3) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.

Should noncompliance still be evident after such ten (10) Day period, the Contractor shall, as a penalty to the City, forfeit One Hundred Dollars ($100.00) for each Day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the DIR, such penalties shall be withheld from contract payments.

ARTICLE 34. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code section 1720 et seq. and 1770 et seq., as well as California Code of Regulations, title 8, section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and SECTION 00700

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“maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00) for each Day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each Day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

ARTICLE 35. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 36. LABOR COMPLIANCE
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and SECTION 00700

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applicable law.

ARTICLE 37. CONTRACTOR AND SUBCONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

ARTICLE 38. NONDISCRIMINATION/EQUAL EMPLOYMENT

OPPORTUNITY/EMPLOYMENT ELIGIBILITY
Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Work. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.

Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work SECTION 00700

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or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

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

ARTICLE 39. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, title 8, Industrial Relations division 1, Department of Industrial Relations, chapter 4. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

ARTICLE 40. INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.
a. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the SECTION 00700

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exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. b. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.
c. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
d. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.

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project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. i. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
ii. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. iii. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. iv. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
v. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. e. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of SECTION 00700

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

ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A: VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City, the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
b. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) Days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City its directors, officials, officers, employees, agents and volunteers. c. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) Days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the SECTION 00700

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City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. d. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
e. The City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
f. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the Contract Time. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed within the Contract Time, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the then-current Project schedule.

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c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed Schedule of Values giving a complete breakdown of the Contract price. The Schedule of Values shall be adjusted as directed by the City;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

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

ARTICLE 44. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization shall be based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities.

4. Establishing fire protection system.

5. Developing and installing a construction water supply.

6. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.

7. Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.

8. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.

9. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

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10. Arranging for and erection of Contractor’s work and storage yard.

11. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.

12. Full-time presence of Contractor’s superintendent at the job site as required herein.

13. Submittal of Construction Schedule as required by the Contract Documents.

ARTICLE 45. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Unless the City has made findings pursuant to Public Contract Code section 7201 (that the work included in this Contract is substantially complex, and therefore a retention of 10% shall be withheld from each progress payment as provided by the Contract Documents), Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law or unless the City has made findings pursuant to Public Contract Code section 7201 (that the work included in this Contract is substantially complex, and therefore a retention of 10% shall be withheld from each progress payment as provided by the Contract Documents), the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8132, 8136 and 8138. Prior to final payment by the City, the SECTION 00700

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Contractor shall submit a final conditional waiver of lien for the Contractor’s work, together with unconditional releases of lien from any subcontractor or materialmen.

ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as the City may consider to be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site cleanup.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.

ARTICLE 47. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract Price and Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed SECTION 00700

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by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2) Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor.

Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days.
4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as City may reasonably request.
7) If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/ or Contract Time in accordance with the City’s estimate. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the SECTION 00700

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added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. Costs for the use of small tools, tools which have a replacement value of $1,000 or less shall be considered included in the markups described below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit.

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records, invoices and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the
Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an
additional five percent (5%) of the Net Cost of the lower tier subcontractor.
iv. No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on-Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties; insurance and bond premiums.
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material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 11) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
12) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price.

The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
13) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights. 14) If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order, and providing such supporting documentation for its position as the City may require. 15) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
16) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

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ARTICLE 48. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 49. INDEMNIFICATION
To the fullest extent allowed by law, Contractor shall defend (with Counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, at law or in equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with Counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents and authorized volunteers. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents and authorized volunteers in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, agents and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date.

Contractor shall use colors to distinguish variations in separate categories of The Work.

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b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the Engineer.

ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS
A. In accordance with Public Contract Code section 20104 et seq. and other Applicable Law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code section 10240 et seq.

B. All Claims. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the Contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) an amount the payment of which is disputed by the City.

C. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the Contractor. The City’s written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the Contractor to produce the additional information, whichever is greater.

D. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the Contractor. The City’s response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the Contractor to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge.

E. The Contractor will submit the claim justification in the following format:

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1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with the Government Code section 12650 et seq.

F. If the Contractor disputes the City’s response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 Days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.

G. The Contractor must comply with the claims filing procedures set forth in Government Code section 900 et seq. for any claim or any portion thereof that remains in dispute, after the meet and confer conference. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.

H. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor.

I. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims SECTION 00700

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shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard Applicable Laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of default and intent to terminate shall contain the reasons for termination. Unless within ten (10) Days after the service of such notice, Contractor resolves the circumstances giving rise to the notice of default to the City’s satisfaction, or makes arrangements acceptable to the City for the required corrective action, this Contract shall terminate. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience: In addition to its right to terminate this Contract for default, the City may terminate the Contract, in whole or in part, at any time upon ten (10) Days written notice to Contractor. The Notice of Termination shall specify that the termination is for the convenience of the City, the extent of termination and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:

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1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the Site and any other property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts and purchase orders to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience." 7) City’s total liability to Contractor by reason of the termination shall be limited to the total (without duplication of any items) of:
a) The reasonable cost to the Contractor for all Work performed prior to the effective date of the termination, determined in accordance with the force account provisions of ARTICLE 47, including the Work done to secure the Project for termination.

Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the Cost Breakdown. Deductions shall be made for cost of materials to be retained by the Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work as allowed by SECTION 00700

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the Contract Documents. Reasonable cost will include
reasonable allowance for Project overhead and general
administrative overhead.
b) When, in the City’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed.
c) A reasonable allowance for profit on cost of Work performed as determined in accordance with ARTICLE 47 provided that the Contractor establishes to the City’s satisfaction that the Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed five percent (5%) of the cost.
d) Reasonable costs to the Contractor of handling material returned to vendors, delivered to the City or otherwise disposed of as directed by the City.
e) A reasonable allowance for the Contractor’s internal administrative costs in preparing termination claim.
f) Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination. 8) In no event shall the City be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a notice of termination. Such non-recoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, unreasonable post-termination administrative expenses, posttermination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit.
9) The City shall have no obligation to pay the Contractor under this ARTICLE 52b (Termination for Convenience) unless and until the Contractor provides the City with updated and acceptable as-builts and Record Documents for Work completed prior to termination.

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10) In arriving at the amount due the Contractor under this clause there shall be deducted in whole or in the appropriate part(s) if the termination is partial:
a) All unliquidated advances or other payments on account previously made to the Contractor, including without limitation all payments which are applicable to the terminated portion of the Contract Documents,
b) Any claim the City may have against the Contractor in connection with the Work, and
c) The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Contractor and not otherwise recovered by or credited to the City.

These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 53. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one (1) year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

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d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work to complete or correct the Work at issue. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense. f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all actions necessary to correct such condition. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice or that are required in the Contract Documents; 2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure section 337.15.

ARTICLE 54. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. b. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. c. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including electronic records, computations and projections) related to negotiating, pricing, or performing the SECTION 00700

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modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 55. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

ARTICLE 56. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

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

ARTICLE 57. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address SECTION 00700

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in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 59. STATE LICENSE BOARD NOTICE.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 60. INTEGRATION
a. This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. b. Any modification of this Contract shall be effective in in writing signed by all parties hereto. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

ARTICLE 61. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

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ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract.

This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 64. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 65. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in the Contract Documents are for reference purposes only and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic SECTION 00700

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Building code, including but not limited to, as it relates to the ADA, whenever applicable.
c. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of “mined material” must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

ARTICLE 66. PATENT FEES OR ROYALTIES.

The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

ARTICLE 67. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

END OF GENERAL CONDITION

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"THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

BID ITEM 1 MOBILIZATION
MOBILIZATION shall conform to the provisions in Section 9-1.16D, "Mobilization," of the Caltrans Standard Specifications, and these special provisions.

Measurement and Payment:

The contract LUMP SUM (LS) price paid for MOBILIZATION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MOBILIZATION, not exceeding 10% of the total bid cost, complete in place, including demobilization and final cleanup activities, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.

BID ITEM 2 TRAFFIC CONTROL SYSTEM
The Contractor’s attention is directed to Sections 7 "Legal Relations and Responsibility to the Public", 12 "Temporary Traffic Control", and 81 "Miscellaneous Traffic Control Devices” of the Caltrans Standard Specifications, as well as Section 7.2 "Traffic Control" of the City of Williams Improvement Plans and Specifications, 2025, and these special provisions.

The Contractor shall submit to the Engineer for review and approval a traffic handling and detour plan showing traffic control measures for vehicles, pedestrians and bicycles affected by the construction work. For emergency purposes, the responsible person in charge of the work must be reachable by phone 24 hours a day during the progress of the work. A 24-hour phone number shall be indicated on the permit application.

The Contractor shall conform to the current edition of the California MUTCD. Particular attention is directed to Chapter 6D – Pedestrian and Worker Safety and Chapter 6F – Temporary Traffic Control Zone Devices, Section 6F.68 – Detectable Edging for Pedestrians.

CONTRACTOR SUBMITTALS
The Contractor must submit for review and approval the following items:

A. Construction Sequencing Plan – detailing the proposed construction staging and proposed closures including limits, durations, and dates. All closures shall be clearly indicated in the project schedule.

B. Detour Plan – detailing the rerouting of pedestrian, bicycle, and vehicular traffic during any proposed closures.

C. Traffic Control Plan – detailing how pedestrian, bicycle, and vehicular traffic will be routed through active construction areas.

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The submitted plans shall cover all proposed phases of work. Each plan shall be submitted to the Engineer for review and approval. The Contractor shall make all requested modifications to these plans and no work affected by these plans shall begin until the plans have been approved.

ACCESS TO BUSINESSES
Access to businesses must be maintained at all times. The pedestrian walkways fronting the businesses must be staged so pedestrian access is maintained to the businesses as construction is occurring. Pedestrian access to businesses must meet all applicable ADA requirements. The Contractor developed traffic handling plan must include details for how this access will be maintained.

PUBLIC CONVENIENCE
All work within public streets and/or roadway rights-of-way shall be done in an expeditious manner and cause as little inconvenience to the traveling public as possible. Vehicles, bicycles, and pedestrians must be allowed to pass at all times except during an Engineer approved closure.

PEDESTRIAN AND BICYCLIST ACCESS
The Contractor shall not block the movement of pedestrian or bicycle traffic unless as part of an Engineer approved closure. The Contractor shall provide for pedestrian and bicycle traffic by phasing construction operations or by providing alternative pedestrian and bicyclist access through or adjacent to construction areas. The Contractor must submit for review and approval a traffic handling plan which includes details for the provision of pedestrian and bicycle access.

Proper advance notice signage with reasonable detours shall be installed and maintained through all phases of construction. At no time shall pedestrians be diverted into a portion of the street used for vehicular traffic or on to private property unless adequate lane closure signage is in place. Minimum allowable pedestrian and bicycle access shall consist of four-foot (4’) wide bridges across trenches and four-foot (4’) wide passageways through construction areas. Hand railings for pedestrians shall be provided when required by Cal/OSHA Regulations or the Americans with Disabilities Act (ADA) on each side of each bridge or passageway to protect pedestrians from hazards caused by construction operations or adjacent vehicular traffic. Railings or barricades, which border passageways located in roadway areas, shall be reflectorized on the side facing oncoming traffic.

ACCESS TO DRIVEWAYS, HOUSES AND BUILDINGS

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Access and passable grades shall be maintained at all times for business establishments during construction. Safe and passable pedestrian, bicyclist, and vehicular access shall be provided and maintained to fire hydrants, homes, commercial and industrial establishments. Access to these facilities shall be continuous and unobstructed unless otherwise approved. Ramps and driveways shall not have “lips” or elevation differences greater than three-eighths of an inch (3/8”). When abutting property owner’s access across the right-of-way line is to be eliminated, repaired, or replaced under the Contract, the existing access shall not be closed until their replacement access facilities are completed and functional.

ERECTION OF SIGNS TO EXPEDITE PASSAGE OF VEHICLES
The Contractor shall erect such warning and directional signs as necessary or as directed by the Engineer for expediting the passage of public traffic through or around the Work and the approaches.

TRAFFIC OBSTRUCTIONS, DELAYS AND INCONVENIENCES
All public traffic shall be permitted to pass through the Work zone unless during an Engineer approved closure, and the Contractor shall conduct operations that offer the least possible obstruction, delay, and inconvenience to the public.

WORK ON PRIVATE PROPERTY
The Contractor must obtain written permission from the owner of any privately owned property prior to beginning any work, storing materials or otherwise conducting any operations on said property. The written approval from the property owner must be on file with the Engineer before any operations will be permitted on said property.

HAZARDOUS CONDITIONS CREATED
Whenever the Contractor’s operations create a condition hazardous to pedestrians, bicyclists, or the traveling public, the Contractor shall, at the Contractor’s own expense, furnish, erect and maintain any fences, covers, temporary railing (Type K), barricades, lights, signs and other devices necessary or as directed by the Agency to prevent accidents or damage or injury to the public or property.

If needed for public use, roadway excavation shall be conducted to maintain a smooth and even surface satisfactory for use by public traffic at all times. This includes creating a temporary AC conform between the proposed roadway and existing conditions during each construction stage and the laying of temporary AC as needed during construction.

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The surface of the roadbed shall be kept in a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic as determined by the Agency.

Temporary facilities that the Contractor uses to perform the Work or store or stage material or equipment shall not be installed or placed where they will interfere with the free and safe passage of public vehicular, bicycle, or pedestrian traffic.

TRAFFIC CONTROL PLAN
The Contractor shall submit a site specific Traffic Control Plan to the Engineer at the preconstruction meeting in accordance with Section 6-10 of the Standard Specifications.

Revisions to the plan shall be submitted five (5) days prior to work. A copy of the Traffic Control Plan shall be available on site at all times. The Traffic Control Plan shall be developed within the following parameters:

1. No work will be allowed if the Contractor does not adhere to these traffic control guidelines.

2. The Contractor shall provide continuous business access (for loading operations, pedestrian traffic and safety vehicles) during the businesses’ hours of operations.

If two driveways access a single business, one driveway must remain open at all times. If three driveways access a single business, two driveways must remain open at all times. a single driveway or loading dock access a business, half of the driveway must remain open at all times.

3. At least one lane of vehicular traffic must be maintained in each direction at all times unless otherwise approved by the Engineer. Local access to businesses shall be provided at all times.

4. Working hours shall be between 8:30 AM and 4:30 PM Monday through Friday, unless otherwise approved by the Engineer.

5. Weekend work from 7:00 AM to 6:00 PM may be approved by the Engineer.

6. The Contractor shall submit for approval, a written request to perform weekend work a minimum of two (2) weeks prior to the weekend dates. If weekend work is approved, the additional cost of inspection shall be borne by the Contractor.

7. The Contractor shall furnish, install temporary stripes and maintain temporary construction warning signs, lighting, flaggers, barricades, striping and other devices necessary to safeguard the general public and the work, and to provide for the safe and proper routing of all vehicular and of pedestrian traffic within and through the limits of the projects during the construction. The requirement shall apply continuously and shall not be limited to normal working hours.

8. The Contractor shall maintain existing electrical facilities in accordance with Section 87-21 "Existing Electrical Systems" of the Caltrans Standard Specifications and these Special Provisions.

9. Except as specified elsewhere in these Special Provisions, commercial and residential driveways shall remain open at all times. The Contractor shall schedule the commercial and residential driveways to be poured in two phases unless more

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than one driveway is available to the property. The Contractor shall coordinate the driveway closure with property owners 5 calendar days in advance.

10. All work within public streets and/or roadway right-of-way shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible. Skid-resistant steel plates or other approved methods shall be used to cover all open excavations in the roadway during non-working hours.

11. Loading access to businesses must be maintained at all times. Pedestrian access with ADA compliant path of travel must be provided and maintained.

12. Lane closures shall be in conformance with an approved traffic control plan.

13. Placement and removal of the temporary traffic stripes (tape) and pavement markings (tape) required in each stage of construction shall be considered part of this item and no additional compensation will be allowed therefor.

14. Removal of any existing conflicting pavement stripes or makings shall be considered part of this item and no additional compensation will be allowed therefore.

15. Relocation of roadway signs from their current location to a temporary location needed for stage construction and all sign relocations needs during construction including temporary barricades shall be considered part of this item and no additional compensation will be awarded therefor.

Measurement and Payment:

The contract LUMP SUM (LS) price paid for TRAFFIC CONTROL SYSTEM shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in TRAFFIC CONTROL SYSTEM, complete in place, including preparing and implementing the Construction Sequencing Plan, Detour Plan, and Traffic Control Plan; furnishing all temporary traffic control devices (including temporary railing and barricades, temporary signage and pavement delineations, and portable changeable message signs); submitting and revising plans, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 3 WATER POLLUTION CONTROL PROGRAM
WATER POLLUTION CONTROL PROGRAM shall conform to the conditions in Section 13, “Water Pollution Control” of the Caltrans Standard Specifications and these special conditions.

Measurement and Payment:

The contract unit price paid per LUMP SUM (LS) for the preparation of the WATER POLLUTIONCONTROL PROGRAM.

BID ITEM 4 ROADSIDE SIGN
ROADSIDE SIGN shall conform to the applicable requirements of the Standard Specifications Standard Details ST-32 and ST-33, and the provisions in Section 82-3 “Roadside Signs,” and Section 82‑2, “Sign Panels,” of the State Standard Specifications; the Plans; and these Special Provisions. Provide and install roadside signs on new posts where shown on the Plans or as directed by the Engineer.

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The Contractor shall notify the Engineer two (2) working days prior to the placement of the posts. The Contractor shall review the proposed post location with the Engineer prior to installation of the post. The Engineer may make adjustments to the proposed post location in the field.

Measurement and Payment:

The contract UNIT price paid for ROADSIDE SIGN shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in ROADSIDE SIGN, including sign panels, pole/support, foundations, complete in place, as shown on the plans, as specified in the Standard Specifications, State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 5 RECTANGULAR RAPID FLASHING BEACON SYSTEM
The work of installing the RECTANGULAR RAPID FLASHING BEACON SYSTEM including poles, solar panels, wireless transmitters and enclosure, luminaires, light bars, accessible pedestrian signals and sign panels. The signs, poles, beacons, and appurtenances shall be located as shown in the plans, or as directed by the Engineer.

RRFB system must be Carmanah R920-E (or R920-F) or approved equal.

The RRFB shall meet the Manual on Uniform Traffic Control Devices (MUTCD) requirements for all approved flash patterns and as approved by the Engineer.

Wireless transmitters shall have encrypted wireless radio with user-selectable multiple channels to group different beacons and ensure a robust wireless signal and instantaneous wireless activation. Wireless range shall be 800 ft minimum.

Battery shall be 12V with a minimum 5-year design life with quick connect terminals for easy installation.

Solar Panel shall tilt 40 o to 60o and face due south or as approved by the Engineer.

Signage shall be as indicated in the plans and meet requirements listed in the Interim Approval in the MUTCD.

Install accessible pedestrian signal (APS) push buttons per Section 87-1.03T, "Accessible Pedestrian Signals" of State Standard Specifications.

Measurement and Payment:

The contract price paid per LUMP SUM (LS) for RECTANGULAR RAPID FLASHING BEACON SYSTEM shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals; installing solar panels, signs, 1-B poles, dual light bars, APS push buttons, luminaires, controllers, and all necessary appurtenances as shown on the Plans; completing all Work in place, including surface restoration; and

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complying with the Standard Specifications and these Special Provisions, as directed by the Engineer. No additional compensation will be allowed.

BID ITEM 6 THERMOPLASTIC 12-INCH LIMIT LINE
THERMOPLASTIC 12-INCH LIMIT LINE shall conform to the provisions in Sections 84- 2 "Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications and these Special Provisions.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for THERMOPLASTIC 12-INCH LIMIT LINE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC 12- INCH LIMIT LINE, complete in place as shown on the plans, as specified in the Caltrans Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 7 THERMOPLASTIC PAVEMENT MARKING
THERMOPLASTIC PAVEMENT MARKING shall conform to the provisions in Sections 84-2 "Traffic Stripes and Pavement Markings" of the Caltrans Standard Specifications and these Special Provisions.

THERMOPLASTIC PAVEMENT MARKING shall conform to State Standard Plan A24A thru A24K.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for THERMOPLASTIC PAVEMENT MARKING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING, complete in place, as shown on the plans, as specified in the Caltrans Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 8 REMOVE ROADSIDE SIGN
REMOVE ROADSIDE SIGN of the types and sizes shown on the plans shall conform to the provisions in Section 15, "Existing Facilities," of the Caltrans Standard Specifications and these Special Provisions.

If sign is determined by the City Engineer to be salvaged, the sign shall be returned to the City of Williams.

Measurement and Payment:

The contract price paid per EACH (EA) for REMOVE ROADSIDE SIGN shall include full compensation for meeting all of the provisions of this section, furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in REMOVE ROADSIDE SIGN, as shown on the plans, as specified in the Standard Construction

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Specifications, Caltrans Standard Specifications and these special provisions, and as directed by the Engineer, and no additional payment shall be made therefor.

BID ITEM 9 REMOVE THERMOPLASTIC PAVEMENT MARKING
REMOVE THERMOPLASTIC PAVEMENT MARKING shall conform to the provisions in Section 84-9.03C, "Remove Traffic Stripes and Pavement Markings - High Pressure Water Blasting," of the Caltrans Standard Specifications and these Special Provisions.

Submit your proposed method for removing pavement markings at least 7 days before starting the removal work. Allow 3 business days for the review.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for REMOVE THERMOPLASTIC PAVEMENT MARKING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in REMOVE THERMOPLASTIC PAVEMENT MARKING as shown on the plans, as specified in the Caltrans Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 10 HOT MIX ASPHALT (TYPE A) - ROADWAY CONFORM
HOT MIX ASPHALT (TYPE A) - ROADWAY CONFORM shall be in accordance with the provisions of Section 39, "Hot Mix Asphalt", of the Caltrans Specifications and these Technical Specifications.

Asphalt concrete for surface course paving shall be Type A, 1/2” maximum, medium aggregate. Asphalt concrete shall have a viscosity grade of PG_64-16 as specified by Caltrans Specification Section 92.

Spreading equipment shall conform to the applicable provisions of Section 39-2.01C(2) “Spreading and Compacting Equipment” of the Caltrans Specifications. Nominal thickness of top layer/overlay shall vary per location, as shown on the plans. Maximum of 3 inches of asphalt concrete allowed in a single lift.

If poor quality paving joints show deterioration or open areas that allow water through the paving within one (1) year of paving, the Contractor will be required to fog seal for the full joint length for a minimum six (6) foot wide pass. All costs for seal will be at no additional cost to the City of Williams.

Asphalt concrete shall not be placed on any surface, which contains ponded water or excessive moisture in the opinion of the City Engineer.

If paving operations are in progress and rain or fog forces a shutdown, loaded trucks in transit shall return to the plant, and no compensation will be allowed therefore.

Measurement and Payment:

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The contract unit price paid per TON of HOT MIX ASPHALT (TYPE A) - ROADWAY CONFORM including surface pavement repair areas. This shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for placing HOT MIX ASPHALT (TYPE A) - ROADWAY CONFORM complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 11 MINOR CONCRETE (MEDIAN TYPE A1-8)
MINOR CONCRETE (MEDIAN TYPE A1-8) shall conform to the provisions in Sections 73 "Concrete Curbs and Sidewalks" of the State Standard Specifications and these Special Provisions.

MINOR CONCRETE (MEDIAN TYPE A1-8) shall conform to State Standard Plan A87A.

The contract price paid per LINEAR FOOT (LF) for MINOR CONCRETE (MEDIAN TYPE A1-8) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MINOR CONCRETE (MEDIAN TYPE A1-8), complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 12 MINOR CONCRETE (SIDEWALK)
MINOR CONCRETE (SIDEWALK) shall conform to the provisions in Section 2.11 "Curb, Gutter and Sidewalk" of the Standard Specifications, Sections 73 "Concrete Curbs and Sidewalks" of the State Standard Specifications and these Special Provisions.

The sidewalk portion of the curb ramps shall be paid under this item of the proposal.

The curb ramps shall be constructed where shown on the Plans or as directed by the Engineer.

Excavation for aggregate base beneath sidewalks shall be included in the bid item for roadway excavation.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for MINOR CONCRETE (SIDEWALK) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MINOR CONCRETE (SIDEWALK), complete in place, as shown on the plans, as specified in the Standard Specifications, State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 13 MINOR CONCRETE (CURB RAMP)
MINOR CONCRETE (CURB RAMP) shall conform to the provisions in Section 2.11 "Curb, Gutter and Sidewalk" of the Standard Specifications, Sections 73 "Concrete

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Curbs and Sidewalks" of the State Standard Specifications and these Special Provisions.

No utility pull box, utility pole, traffic signal pull box, traffic signal pole foundation, or any other facility that is visible on or above the surface of a curb access ramp may be located within the area of a curb access ramp without prior approval of the Engineer.

All concrete curb ramps shall be constructed in accordance with this section and all applicable Federal, State and local codes and regulations. Any variations from the details or code requirements must be approved in writing by the Engineer, prior to starting demolition. If a ramp constructed by the Contractor is not in full compliance with the requirements of this section, as determined by the Engineer, the Contractor shall remove and reconstruct the entire ramp at their sole cost and expense. Note: To ensure full compliance of all curb access ramps with the standard details and applicable codes, the Inspector will use appropriate means including, but not limited to, a 2-foot smart level and a tape measure.

The Contractor shall form, place concrete and re-open each new curb ramp to full and safe pedestrian use by the 5:00 p.m. on Friday of the same week demolition/removal is performed. All curb ramp locations shall be open for pedestrian use on weekends and holidays. For the purpose of this project “full and safe pedestrian use” means removal of all formwork, restoration of pavement or placement of properly compacted temporary patch material in front of ramp, removal of construction debris and elimination of all other barriers to pedestrian travel. Should the Contractor fail to comply with the requirements of this section, the Contractor shall pay liquidated damages in the amount of $250 per day for each ramp location not in compliance.

Excavation for aggregate base beneath curb ramps shall be included in the bid item for roadway excavation. Aggregate base in curb ramps shall be included in the bid item for aggregate base. Curb and gutters in curb ramps shall be included in the bid item for curb and gutter. The limits of curb ramp include the pan and ramps.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for MINOR CONCRETE (CURB RAMP) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MINOR CONCRETE (CURB RAMP), complete in place, as shown on the plans, as specified in the Standard Specifications, State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 14 MINOR CONCRETE (VALLEY GUTTER)
MINOR CONCRETE (VALLEY GUTTER) shall conform to the provisions in Section

3.11 "Valley Gutters" of the Standard Specifications, Sections 73 "Concrete Curbs and Sidewalks" of the State Standard Specifications and these Special Provisions.

MINOR CONCRETE (VALLEY GUTTER) shall conform to City Standard Detail ST-11.

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The contract price paid per SQUARE FOOT (SQFT) for MINOR CONCRETE (VALLEY GUTTER) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MINOR CONCRETE (VALLEY GUTTER), complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 15 MINOR CONCRETE (CURB AND GUTTER)
MINOR CONCRETE (CURB AND GUTTER) shall conform to the provisions in Section

2.11 "Curb, Gutter and Sidewalk" of the Standard Specifications, Sections 73 "Concrete Curbs and Sidewalks” of the State Standard Specifications and these Special Provisions.

MINOR CONCRETE (CURB AND GUTTER) shall conform to City Standard Detail ST09.

The curb and gutter portion of the curb ramps and transitions to existing curb and gutter of a different type shall be paid for with this item of work.

Measurement and Payment:

The contract price paid per LINEAR FOOT (LF) for MINOR CONCRETE (CURB AND GUTTER) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MINOR CONCRETE (CURB AND GUTTER), complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 16 STAMPED AND COLORED CONCRETE MEDIAN PAVING
STAMPED AND COLORED CONCRETE MEDIAN PAVING shall conform to the provisions of Section 73-4 "Textured Concrete and Colored Concrete Surfaces" of the State Standard Specifications, Standard Detail MS-09 of the Standard Specifications, and these Special Provisions.

STAMPED AND COLORED CONCRETE MEDIAN PAVING shall be constructed as shown on the plans.

Stamped pattern shall be Stacked Bond Brick. Run brick direction parallel to curb.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for STAMPED AND COLORED CONCRETE MEDIAN PAVING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in STAMPED AND COLORED CONCRETE MEDIAN PAVING, complete in place, including test panels, testing of form liner materials, coloring, disposal of form liner

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material, as shown on the plans, as specified in the State Standard Specifications, Standard Specifications, and these Special Provisions, and as directed by the Engineer.

BID ITEM 17 PEDESTRIAN PASSAGEWAY (TYPE A)
PEDESTRIAN PASSAGEWAY (TYPE A) shall conform to the provisions in Sections 73 "Concrete Curbs and Sidewalks" of the State Standard Specifications and these Special Provisions.

PEDESTRIAN PASSAGEWAY (TYPE A) shall conform to State Standard Plan A88B.

Excavation for aggregate base beneath pedestrian passageway shall be included in the bid item for roadway excavation.

Measurement and Payment:

The contract price paid per EACH (EA) for PEDESTRIAN PASSAGEWAY (TYPE A) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in PEDESTRIAN PASSAGEWAY (TYPE A), complete in place, , as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 18 CLASS 2 AGGREGATE BASE
CLASS 2 AGGREGATE BASE shall conform to the provisions in Section 26 "Aggregate Bases" of the Caltrans Standard Specifications and these Special Provisions.

This item shall include placing Class 2 aggregate base under the proposed curb, curb and gutter, sidewalk, driveways, multi-use path, walkways, curb ramps, and roadway sawcut areas and where shown on the plans and directed by the Engineer.

Measurement and Payment:

The contract price paid per CUBIC YARD (CY) for CLASS 2 AGGREGATE BASE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in CLASS 2 AGGREGATE BASE, as shown on the plans, as specified in the Caltrans Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 19 REMOVE CONCRETE (CURB & GUTTER, SIDEWALK, VALLEY

GUTTER)
REMOVE CONCRETE (CURB & GUTTER, SIDEWALK, VALLEY GUTTER) shall conform to the provisions in Section 15, "Existing Facilities," of the State Standard Specifications and these Special Provisions.

REMOVE CONCRETE (CURB & GUTTER, SIDEWALK, VALLEY GUTTER), of various thickness, designated on the plans to be removed or which conflicts with the proposed improvements under this contract, shall be removed.

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Concrete removed shall be disposed of outside the City right of way unless otherwise shown or specified in the Contract.

Where no joint exists between concrete to be removed and concrete to remain in place, the concrete shall be cut in a neat line to a minimum depth of 0.17-foot with a power driven saw before concrete is removed. All sawcutting, removing a portion of the existing concrete sidewalk, conforming to the proposed sidewalk, and disposal of removed and excavated materials, excavation and fill, and finish grading required to construct sidewalk conforms shall be included in this item of work.

Where concrete has been removed outside the roadway prism, the backfilled areas shall be graded to drain and blend in with the surrounding terrain.

Concrete to be removed which has portions of the same structure both above and below ground will be considered as concrete above ground for compensation.

Concrete to be removed which has portions of the same structure both above and below ground will be considered as concrete above ground for compensation. Removal of curb and gutter at existing driveways is included in the REMOVE CONCRETE (CURB & GUTTER, SIDEWALK, VALLEY GUTTER) bid item.

Broken pieces of concrete shall be immediately removed from the job site and disposed of. No portions of broken concrete shall remain on the job site overnight.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for REMOVE CONCRETE (CURB, GUTTER, SIDEWALK, VALLEY GUTTER) shall include full compensation for furnishing all labor, materials , tools, equipment, and incidentals and for doing all the work involved in REMOVE CONCRETE (CURB, GUTTER, SIDEWALK, VALLEY GUTTER), complete in place, as shown on the plans, as specified in Section 15, "Existing Facilities," of the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 20 ROADWAY EXCAVATION
ROADWAY EXCAVATION shall conform to the provisions in Section 19-2 "Roadway Excavation" of the State Standard Specifications and these Special Provisions.

Excavation shall include sawcutting and removal of all asphalt concrete (AC), aggregate base (AB), miscellaneous Portland Cement Concrete (PCC) not covered elsewhere in these specifications, native material, tree roots and soil to allow construction of improvements to the lines and grades shown on the Plans. This item shall include grading behind the proposed sidewalk and driveways necessary to match the existing grades and improvements.

This work shall include excavation and grading necessary to construct the proposed street section, median, driveways, multi-use path, walkways and shall include finish

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grading to match the back of sidewalk to surrounding grade using a slope as shown on the construction plans. This work shall include shaping and trimming of slopes, and the placement and compaction of excavated earth material to the lines and grades shown on the Plans.

All existing asphalt pavements to be removed shall be full depth saw-cut at the limits of removal as shown on the Plans and in accordance with Section 15 of the State Standard Specifications.

Excess excavated material shall become the property of the Contractor and shall be deposited in a location and manner satisfactory to the Engineer. When any material is to be disposed of outside the right-of-way, the Contractor shall obtain written permission from the owner upon whose property the disposal is to be made before any material is deposited thereon.

Existing Facilities
The Contractor shall exercise extreme care to avoid damaging the curb and gutter lips, slope paved embankments, abutments, concrete gutter swales, sidewalks, and planting areas during excavation operations. Gutter lips damaged by the Contractor which are spalled in excess of one inch (1") deep by five inches (5") long will be repaired at the Engineer's direction. The cost of repairs to damaged curb and gutter shall be considered as included in this item, and no separate payment shall be made therefore.

Payment shall be made based on the final pay quantity and will not be recalculated in the field. Payment for fill grading shall be included in the unit bid price for this item and shall not be made separately.

Measurement and Payment:

The contract price paid per CUBIC YARD (CY) for ROADWAY EXCAVATION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in ROADWAY EXCAVATION, including backfilling and grading, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 21 LANDSCAPING (NATIVE FILL AND SEEDING)
The work of furnishing and placing native fill and installing native seed to restore disturbed areas. Work includes importing or reusing native soil, rough and finish grading, soil surface preparation, seeding (broadcast or hydroseed), temporary erosioncontrol measures necessary to establish vegetation, and cleanup. Limits and locations shall be as shown on the Plans and Drawings or as directed by the Engineer.

Materials

1. Native Fill: Clean, free of debris and deleterious material, with characteristics suitable for establishing native vegetation. Provide source information and compaction criteria as required by the Contract Documents.

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2. Seed Mix: Native seed as indicated on the Plans and Drawings or in the Technical Specifications (species, purity, and application rates). Provide seed tags/certifications.

3. Erosion Control (as required): Fiber/mulch, tackifier, or blankets appropriate to slope/season, consistent with the Greenbook (2015) and Caltrans 2024 requirements, as applicable.

4. Water: Furnish water for dust control and initial establishment when required by the Technical Specifications or as directed by the Engineer.

Execution

1. Grading & Preparation: Place and grade native fill to the lines and grades shown.

Scarify/decompact, remove oversized material as required by the Technical Specifications, and prepare the surface to receive seed.

2. Seeding: Apply seed uniformly at the rates and in the manner indicated (broadcast with rake-in or hydroseed). Apply mulch/tackifier or blankets where shown or as directed by the Engineer.

3. Establishment & Protection: Provide protection and maintenance necessary to achieve germination and initial growth; repair washouts/rills or disturbed areas.

4. Submittals: Provide proposed fill source and gradation/compaction criteria, seed mix certifications/tags, application methods/rates, and schedule, consistent with the General Conditions/Special Conditions.

Construction
Perform work during appropriate seasonal windows for successful establishment, meeting the applicable provisions of the Greenbook (2015) and Caltrans Standard Specifications (2024), and all requirements of the Technical Specifications and Special Conditions.

Measurement and Payment:

The contract price paid per LUMP SUM (LS) for LANDSCAPING (NATIVE FILL AND SEEDING) shall include full compensation for furnishing all labor, materials, tools, equipment, native fill, grading, surface preparation, seeding, temporary erosion control, watering (if required), cleanup, and all incidentals necessary to complete the work in place, as shown on the Plans and Drawings and as specified in the Contract Documents. No additional compensation will be allowed therefor.

BID ITEM 22 TRAFFIC STRIPE - DETAIL 26
TRAFFIC STRIPE - DETAIL 26 shall conform to the provisions in Sections 84-2 "Traffic Stripes and Pavement Markings" of the State Standard Specifications and these Special Provisions.

TRAFFIC STRIPE - DETAIL 26 shall be sprayable thermoplastic and confirm to the provisions of Section 84-2.03B(2)(c) "Sprayable Thermoplastic" of the State Standard Specifications.

TRAFFIC STRIPE - DETAIL 26 shall conform to State Standard Plan A20B.

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The payment quantity for a traffic stripe is the length measured along the line of the traffic stripe without deductions for gaps in the broken traffic stripe.

The contract price paid per LINEAR FOOT (LF) for TRAFFIC STRIPE - DETAIL 26 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in TRAFFIC STRIPE - DETAIL 26, including pavement markers, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

ALTERNATIVE BID NO. 1 ITEMS
BID ITEM 1 HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2” HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2" shall conform to the provisions in Section 39 "Asphalt Concrete" of the State Standard Specifications and these Special Provisions.

Hot mix asphalt concrete shall be Type A, 1/2” maximum aggregate (coarse) and shall be placed as shown on the Plans, as specified in these Special Provisions and in conformance with the requirements of Sections 39 "Asphalt Concrete" of the State Standard Specifications.

The cost for sawcutting the asphalt concrete at conforms as shown on the plans, shall be full compensated into the unit cost for HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2" and no separate or additional payment shall be made.

Measurement and Payment:

The contract price paid per TON for HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2" shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2", complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

PLANS AND DRAWINGS

THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. Highway Safety Improvement Program, Pedestrian Improvements 03-Williams2.1 Project 100% CONSTRUCTION COST ESTIMATE LAST UPDATED:
2/4/2026
AGENCY PROJECT NAME QTY. ORIGINATOR

CITY OF WILLIAMS
Williams Highway Safety Improvement Program, Pedestrian Improvements 03-Williams-2.1 Project J. GINNEVER
PROJECT NUMBER LOCATION QTY. CHECKER
23606-600-26 INTERSECTION AT F STREET AND 8TH STREET J. MAKOVSKIY

BASE BID
Item
No.

ITEM DESCRIPTION
Estimated
Quantity Unit Unit Price($/Unit)
Amount
($)
1 MOBILIZATION 1 LS $15,000.00 $15,000.00
2 TRAFFIC CONTROL SYSTEM 1 LS $15,000.00 $15,000.00
3 WATER POLLUTION CONTROL PROGRAM 1 LS $5,000.00 $5,000.00 4 ROADSIDE SIGN 11 EA $1,000.00 $11,000.00
5 RECTANGULAR RAPID FLASHING BEACON SYSTEM 1 LS $135,000.00 $135,000.00 6 THERMOPLASTIC 12-INCH LIMIT LINE 30 SQFT $10.00 $300.00 7 THERMOPLASTIC PAVEMENT MARKING 800 SQFT $12.00 $9,600.00 8 REMOVE ROADSIDE SIGN 2 EA $500.00 $1,000.00
9 REMOVE THERMOPLASTIC PAVEMENT MARKING 100 SQFT $8.00 $800.00 10 HOT MIX ASPHALT (TYPE A) - ROADWAY CONFORM 20 TON $200.00 $4,000.00 11 MINOR CONCRETE (MEDIAN TYPE A1-8) 120 LF $36.00 $4,320.00 12 MINOR CONCRETE (SIDEWALK) 240 SQFT $20.00 $4,800.00
13 MINOR CONCRETE (CURB RAMP) 490 SQFT $20.00 $9,800.00 14 MINOR CONCRETE (VALLEY GUTTER) 140 SQFT $50.00 $7,000.00 15 MINOR CONCRETE (CURB AND GUTTER) 140 LF $50.00 $7,000.00 16 STAMPED AND COLORED CONCRETE MEDIAN PAVING 240 SQFT $22.00 $5,280.00 17 PEDESTRIAN PASSAGEWAY (TYPE A) 2 EA $6,500.00 $13,000.00 18 CLASS 2 AGGREGATE BASE 50 CY $122.00 $6,100.00
19 REMOVE CONCRETE (CURB & GUTTER, SIDEWALK, VALLEY GUTTER) 1180 SQFT $5.00 $5,900.00 20 ROADWAY EXCAVATION 50 CY $110.00 $5,500.00
21 LANDSCAPING (NATIVE FILL AND SEEDING) 1 LS $500.00 $500.00 22 TRAFFIC STRIPE - DETAIL 26 50 LF $10.00 $500.00
Subtotal = $266,400.00
Contingency @10%= $26,640.00
Grand Total = $293,040.00
For Budget Purposes = $294,000.00
BID ALTERNATIVE #1 NON PARTICIPATING ITEMS
Item
No.

ITEM DESCRIPTION
Estimated
Quantity Unit Unit Price($/Unit)
Amount
($)
1 HOT MIX ASPHALT (TYPE A) - OVERLAY 2" 90 TON $160.00 $14,400.00 Subtotal = $14,400.00
Contingency @10%= $1,440.00
Grand Total = $15,840.00
For Budget Purposes = $16,000.00

BENNETT ENGINEERING SERVICES ASSUMES NO RESPONSIBILITY FOR DIFFERENCES BETWEEN THESE QUANTITIES AND FINAL PAY QUANTITIES. Total with Alt Bid 1 = $310,000.00 https://us-partner-integrations.egnyte.com/msoffice/wopi/files/02171bb3-71da-4a90-9f4d-44d8b174f27b/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_-/23606-600-26-03-Williams-2.1 Project-Estimate.xlsm

STRIPING & SIGNAGE NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 02
PD-01
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT I-5 AND STATE HIGHWAY 20 NORTH BOUND RAMP
N
STRIPING & SIGNAGE NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 03
PD-02
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT STATE HIGHWAY 20 AND FRESHWATER ROAD
N
STRIPING & SIGNAGE NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 04
PD-03
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT STATE HIGHWAY 20 AND NORTH E SREET
N
STRIPING & SIGNAGE NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 05
PD-04
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT OLD HIGHWAY 99 AND CRAWFORD ROAD
N
STRIPING & SIGNAGE NOTES:

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 06
PD-05
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT

RUGGERI WAY AND VANN STREET
N
STRIPING & SIGNAGE NOTES:

N

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 07
PD-06
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT

ABEL ROAD AND HUSTED ROAD
A
- SOLAR POWERED LED FLASHING STOP SIGN DETAIL B
- TRANSVERSE RUMBLE STRIP DETAIL

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 08
CD-01
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT

CONSTRUCTION DETAILS

VERIFY SCALE

CITY OF WILLIAMS CALIFORNIA
1082 Sunrise Avenue, Suite 100
Roseville, California 95661
916.783.4100

NOT FOR CONSTRUCTION
08 01
T-1
100%
2/5/2026
WILLIAMS HSIP, INTERSECTION IMPROVEMENTS 03-WILLIAMS-1.1 PROJECT

TITLE SHEET

CITY OF WILLIAMS

HIGHWAY SAFETY IMPROVEMENT

INTERSECTION IMPROVEMENTS
THE INTERSECTIONS OF: I-5 AND SR-20 NB RAMPS, SR-20 AND HUSTED RD, E. ST AND SR-20, OLD HWY 99 AND CRAWFORD RD, RUGGERI WAY AND VANN ST, ABEL RD AND HUSTED RD

IN THE CITY OF WILLIAMS, COUNTY OF COLUSA
PROJECT NO. 26-01
N
N

SHEET INDEX
SECTION 00001

CITY OF WILLIAMS
SPECIFICATIONS FOR CONTRACT NO. 2026-001
FOR
Williams Highway Safety Improvement Program
Intersection Improvements 03-Williams-1.1

February, 2026
SECTION 00001

CITY OF WILLIAMS
Williams Highway Safety Improvement Program
Intersection Improvements 03-Williams-1.1
City Project No. 26-001

THE SPECIAL PROVISIONS CONTAINED HEREIN HAVE BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING REGISTERED PERSONS.

David Harden, PE Date
Registered Civil Engineer No. C84216
SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
- 1 -

82276.00009\9786230.1

INTRODUCTORY INFORMATION
SECTION 00001 PROJECT TITLE PAGE
SECTION 00010 TABLE OF CONTENTS
SECTION 00100 NOTICE INVITING BIDS

BIDDING REQUIREMENTS
SECTION 00400 BID FORM
SECTION 00405 CONTRACTOR’S CERT. RE WORKERS’ COMPENSATION SECTION 00410 BID BOND
SECTION 00420 NON-COLLUSION DECLARATION
SECTION 00440 LIST OF SUBCONTRACTORS FORM
SECTION 00441 PUBLIC WORKS CONTRACTOR CERT

CONTRACT FORMS
SECTION 00500 CONTRACT
SECTION 00610 PERFORMANCE BOND
SECTION 00620 PAYMENT BOND

CONDITIONS OF THE CONTRACT
SECTION 00700 GENERAL CONDITIONS
SECTION 00750 SPECIAL CONDITIONS

TECHNICAL SPECIFICATIONS

PLANS AND DRAWINGS

SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
- 2 -

82276.00009\9786230.1

NOTICE INVITING BIDS
The City of Williams (“City”) will receive sealed envelope bids only for the Williams Highway Safety Improvement Program, Intersection Improvements 03-Williams-1.1 Project at City of Williams City Hall, 810 E Street, Williams, CA 95987, no later than Month Day @ 2:00PM, at which time or thereafter said bids may be read aloud. Bids shall be valid for 90 calendar days after the bid opening date.

The Project shall be completed within 30 work days. The Contractor shall provide a start date and a schedule of work within ten (10) calendar days after the date on which the Notice of Award is provided by the City to the contractor. All work shall be completed prior to December 15th, 2026.

General Construction Items:

Thermoplastic Traffic Striping & Markings, Transverse Rumble Strips, Remove and Replace Roadside Signs, Solar Flashing Beacon Systems, Grind & Overlay, and Deep Lift Digouts.

Bids must be submitted on the City’s Bid Forms.

Each bid shall be accompanied by the non-collusion declaration and the list of proposed subcontractors.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure section 995.120, and is admitted by the State of California Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

SECTION 00100

NOTICE INVITING BIDS
SECTION 00100

NOTICE INVITING BIDS
- 3 -

82276.00009\9786230.1
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid. The use of LCPtracker to submit all requested prevailing wage related documentation to the City IS REQUIRED of all contractors and subcontractors performing covered work on this project.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Class A license or a combination of license classes required for all work at the time this contract is awarded.

This Project is subject to labor compliance oversight by the Department of Industrial Relations, Division of Labor Standards Enforcement, Compliance Monitoring Unit (CMU).

The successful bidder must comply with the CMU requirements under subchapter 4.5 of chapter 8 of title 8 of the California Code of Regulations. In bidding on this project, it shall be the bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

Pursuant to Public Contract Code section 3400(b), if the City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

Award of Contract: The contract shall be awarded to the contractor submitting the lowest responsible Base Bid Price or the Lowest total of the Combination of Base Bid Price plus Alternate Bid Price. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For general information, contact Dave Harden, City Engineer at 530-906-1806.

All Bidder questions shall be submitted in writing no later than MONTH ##, 2025 at:
[email protected].

END OF NOTICE INVITING BIDS
SECTION 00400

BID FORM
SECTION 00400

BID FORM
- 4 -

**82276.00009\9786230.1

CITY OF WILLIAMS

BID FORM
NAME OF BIDDER:

The undersigned bidder hereby declares that it has carefully examined the location of the proposed Work, and has read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

Williams Highway Safety Improvement Program, Intersection Improvements 03- Williams-1.1 Project
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project in strict accordance with the Contract Documents for the TOTAL BASE BID PRICE:

BASE BID SCHEDULE
NO. ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

LINE ITEM
COST
1 MOBILIZATION LS 1
2 TRAFFIC CONTROL SYSTEM LS 1
3 WATER POLLUTION CONTROL PROGRAM LS 1
4 ROADSIDE SIGN - ONE POST EA 7
5 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 1 LF 111
6 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22 LF 730
7 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 LF 36
8 12-INCH LIMIT LINE SQFT 300
9 THERMOPLASTIC PAVEMENT MARKINGS SQFT 520
10 TRANSVERSE RUMBLE STRIPS LF 390
11 FLASHING STOP SIGN EA 7
12 SOLAR FLASHING BEACON SYSTEM EA 7
13 REMOVE ROADSIDE SIGN EA 7
14 REMOVE THERMOPLASTIC PAVEMENT MARKING SQFT 440
15 REMOVE THERMOPLASTIC TRAFFIC STRIPE LF 880

TOTAL BASE BID PRICE ---------- --------- -------
Bidders must provide pricing for every bid item. Base Bid items above are reflected in the project plans.

SECTION 00400

BID FORM
SECTION 00400

BID FORM
- 5 -

**82276.00009\9786230.1
The estimated quantities for unit price items are for purposes of comparing bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates.

In case of discrepancy between the unit price and the line item cost set forth for a unit price item, the line item cost, calculated at the unit price multiplied by the estimated quantity, shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder.

However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Line Item Cost” column, then the amount set forth in the “Line Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the City from measured quantities of work performed.

BASE BID PRICE (BASED ON BID SCHEDULE):
$ ________________________________________
Base Bid Price in Numbers
______________________________________________________________________ Base Bid Price in Written Form
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The contract shall be awarded to the contractor submitting the lowest responsible Base Bid Price or the Lowest total of the Combination of Base Bid Price plus Alternate Bid Price.

The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days from the bid opening stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City.

Bidders Name (Printed): ____________________________________ Bidders Signature: ____________________________________ Date: ______________________

ALTERNATIVE BID
If the Contract Documents specify alternate bid items, the following Alternate Bid amounts shall SECTION 00400

BID FORM
SECTION 00400

BID FORM
- 6 -

**82276.00009\9786230.1
be added to the Base Bid Price entered above, at the City’s sole option. The City can choose to include any, all or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bids items, the corresponding Alternate Bid prices shall be added to Base Bid Price for the Work. The City can select Alternate Bid items at any time. The Alternative Bid items reflect work indicated on the plan set.

ALTERNATIVE BID #1 SCHEDULE
NO. ITEM DESCRIPTION UNIT EST.

QTY.

UNIT
PRICE

LINE ITEM
COST
1 HOT MIX ASPHALT (TYPE A) – GRIND & OVERLAY 2" TON 95
2 DEEP LIFT PATCHING (DIGOUT) SF 800

TOTAL BASE BID PRICE ---------- --------- -------
The Contract Time shall commence on the date stated in the City’s Notice to Proceed or as stated above. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed, or before providing the required bonds and evidence of insurance.

The contract shall be awarded to the contractor submitting the lowest responsible Base Bid Price or the lowest total of the Combination of Base Bid Price plus Alternate Bid Price.

ALTERNATE BID PRICE (BASED ON ALTERNATE BID SCHEDULE):
$ ________________________________________
Alternate Bid Price in Numbers
______________________________________________________________________ Alternate Bid Price in Written Form

TOTAL COMBINATION OF BASE BID PRICE PLUS ALTERNATIVE BID PRICE $ ________________________________________
Total of Base Bid Price Plus Alternate Bid Price
______________________________________________________________________ Total of Base Bid Price Plus Alternate Bid Price in Written Form SECTION 00400

BID FORM
SECTION 00400

BID FORM
- 7 -

**82276.00009\9786230.1
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

Bidders Name (Printed): ____________________________________ Bidders Signature: ____________________________________ Date: ______________________

END OF BID FORM
SECTION 00405
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION SECTION 00405
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION - 8 -

82276.00009\9786230.1
CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder
Signature
Name
Title
Dated
END OF CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION SECTION 00410

BID BOND
SECTION 00410

BID BOND
- 9 -

82276.00009\9786230.1

BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that, __________________________ hereinafter called the PRINCIPAL, and____________________________________, a corporation duly organized under the laws of the State of ____________________, having its principal place of business at ____________________________________ in the State of _____________________________, and authorized to do business in the State of California, hereinafter called the SURETY, are held and firmly bound unto the City of Williams, hereinafter called the OBLIGEE, on order, in the sum of ________________________________ Dollars ($__________________) (being at least ten percent (10%) of the total amount of PRINCIPAL’S bid price) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled ____________ _____________________________________ to the OBLIGEE, the Bid, by reference thereto; being hereby made a part hereof.

NOW, THEREFORE, if the Bid is rejected or, in the alternate, if the Bid is accepted and the PRINCIPAL signs and delivers a Contract and furnishes evidence of insurance and a Performance Bond and Payment Bond, all in the form and within the time required by the Contract Documents, then this obligation shall become null and void, otherwise the same shall remain in full force and effect and upon default of the PRINCIPAL shall be forfeited to the OBLIGEE, it being expressly understood and agreed that the liability of the SURETY for any and all default of the PRINCIPAL shall be the amount of this obligation as herein stated, as liquidated damages.

The SURETY, for value received, hereby agrees that its obligations and its bond shall not be impaired or affected by any extension of the time within which the OBLIGEE may accept the Bid, and the SURETY hereby waives notice of any such extension.

In the event suit is brought upon this Bond by the OBLIGEE and judgment is recovered, the SURETY shall pay, in addition to the sum set forth above, all costs incurred by the OBLIGEE in such suit, including reasonable attorney’s fees and expert witness fees, to be fixed by the court, in addition to the penal sum of the Bond.

Signed this ______ day of _______________________, 20___.

BY: SURETY BY: PRINCIPAL
Note: Signature of person executing for Surety must be notarized and evidence of corporate authority attached.

END OF BID BOND
SECTION 00420

NON-COLLUSION DECLARATION
SECTION 00420

NON-COLLUSION DECLARATION
- 10 -

82276.00009\9786230.1

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the ___________________ of ___________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.

The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________[date], at ___________________[city], ___________________[state].
___________________________________________________
(Signature)
___________________________________________________
(Print Name)
___________________________________________________
(Print Title)
____________________________
(Date)

END OF NON-COLLUSION DECLARATION
SECTION 00440

LIST OF SUBCONTRACTORS FORM
SECTION 00440

LIST OF SUBCONTRACTORS FORM
- 11 -

82276.00009\9786230.1

LIST OF SUBCONTRACTORS FORM
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name, contractor’s license number, DIR registration number and the location of the place of business of and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. The City may, within its sole discretion, grant additional time to provide the below requested information.

If no subcontractor is specified for a portion of the Work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater, or if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.

Portion of
Work Subcontractor Location of
Business
CSLB
License
Number
DIR
Registration
Number

SECTION 00440

LIST OF SUBCONTRACTORS FORM
SECTION 00440

LIST OF SUBCONTRACTORS FORM
- 12 -

82276.00009\9786230.1
Portion of
Work Subcontractor Location of Business
CSLB
License
Number
DIR
Registration
Number

Name of Bidder ___________________________
Signature ________________________________
Name and Title __________________________
Dated

END OF LIST OF SUBCONTRACTORS FORM
SECTION 00441

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SECTION 00441

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
13 82276.00009\9786230.1

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Bidder:

DIR Registration Number:

Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Signature:

Name and Title:

Dated:

END PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
- 14 -

82276.00009\9786230.1

CONTRACT
THIS CONTRACT is made this _____ day of _________, 20__, in the County of Colusa, State of California, by and between the City of Williams, hereinafter called City, and ______________________________, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated by the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents (specified in Article 5 below) for the following Project:

Williams Highway Safety Improvement Program, Intersection Improvements 03- Williams-1.1 Project
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 30 work days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ____________________________________________________________ Dollars ($_________________________________), hereinafter the Contract Price.

Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES. The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1000 for each and every calendar day of delay in completing the Work beyond the Contract Time, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract.

SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
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This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the performance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expenses. Liquidated Damages do not include actual damages the City incurs on account of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contractor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following documents, each of which is incorporated into this Contract by reference:
• Notice Inviting Bids
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation • Designation of Subcontractors
• Non-Collusion Declaration Form
• Public Works Contractor Registration Certification
• Contract
• Performance Bond
• Payment Bond
• General Conditions
• Special Conditions
• Standard Specifications for Public Works Construction (Greenbook), 2015 Edition, (excluding Sections 1-9 in their entirety)
• State Standard Specification 2024
• State Standard Plans 2024
• Technical Specifications
• Addenda
SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
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• Plans and Drawings
• Approved and fully executed change orders
• Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be obtained online at http//www.dir.ca.gov/dlsr and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
[NAME OF CONTRACTOR]
By
_________________________________
Name and Title:

License No.
___________________________

CITY OF WILLIAMS
By______________________________
Name and Title:

SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
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END OF CONTRACT
SECTION 00610

PERFORMANCE BOND
SECTION 00610

PERFORMANCE BOND
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Williams (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

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

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

As a condition precedent to the satisfactory completion of the Project, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s SECTION 00610

PERFORMANCE BOND
SECTION 00610

PERFORMANCE BOND
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obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or SECTION 00610

PERFORMANCE BOND
SECTION 00610

PERFORMANCE BOND
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addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

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

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
SECTION 00610

PERFORMANCE BOND
SECTION 00610

PERFORMANCE BOND
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(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

END OF PERFORMANCE BOND
SECTION 00620

PAYMENT BOND
SECTION 00620

PAYMENT BOND
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PAYMENT (LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Williams (hereinafter referred to as “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated _________________ (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

SECTION 00620

PAYMENT BOND
SECTION 00620

PAYMENT BOND
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It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
SECTION 00620

PAYMENT BOND
SECTION 00620

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

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

END OF PAYMENT (LABOR AND MATERIALS) BOND
SECTION 00700

GENERAL CONDITIONS
SECTION 00700

GENERAL CONDITIONS
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GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God is an earthquake of magnitude 3.5 or higher on the Richter scale or a tidal wave.
c. Applicable Laws means laws, statutes, ordinances, rules, codes, regulations permits and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work.
d. Approval means written authorization by Engineer and/or City. e. Contract Documents includes all documents as stated in the Contract. f. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
g. Day shall mean calendar day unless otherwise specifically designated. h. Engineer shall mean the City Engineer, or his or her designee, of the City of Williams, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents.
i. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
j. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. k. Install means the complete installation of any item, equipment or material. l. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.

SECTION 00700

GENERAL CONDITIONS
SECTION 00700

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m. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
n. Project is The Work planned by City as provided in the Contract Documents. o. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
p. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.

Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
q. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Standard Specifications”), 2015 Edition, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Standard Specifications and when applicable, the latest State Standard Specifications, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Standard Specifications and the Contract Documents, the Contract Documents shall prevail.
r. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
s. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives, the most recent first

2. Addenda, the most recent first

3. Environmental documents and approvals
SECTION 00700

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SECTION 00700

GENERAL CONDITIONS
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4. Federal Requirements (If Applicable)

5. Special Provisions (or Special Conditions)

6. Technical Specifications

7. Plans (Contract Drawings)

8. Contract

9. General Conditions

10. Instructions to Bidders

11. Notice Inviting Bids

12. Contractor’s Bid Forms

13. Greenbook, 2015 Edition

14. State Standard Specifications, 2024 Edition

15. State Standard Plans, 2024 Edition

16. City of Williams Standard Specifications and Details, 2025

17. City of Williams Design Standards and Specifications, 2007

18. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:

1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, Three (3) copies of the Contract Documents.

Additional copies may be obtained at cost of reproduction.

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

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and SECTION 00700

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SECTION 00700

GENERAL CONDITIONS
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methods of construction and other Project requirements. Contractor shall immediately notify the Engineer in writing of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Request for Information; Additional Instructions. Contractor may make a written request for information to address any error, inconsistency, ambiguity, conflict or lack of detail or explanation in the Contract Documents. The Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such written Approval as may be necessary for the proper performance of Work. d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all Applicable Laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. Existing Utilities
i. General – Known existing utilities and pipelines are shown on the Plans in their approximate locations. However, nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities can be inferred from the presence of other visible facilities, such as buildings, cleanouts, meter and junction boxes, on or adjacent to the site of the Project. ii. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Project site if such utilities are not identified by the City in the Contract Documents or cannot reasonably be inferred from the presence of other visible facilities. b. Utility Location
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i. It shall be the Contractor’s responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective utility owners and which the Contractor believes may affect or be affected by the Contractor’s operations. The Contractor shall not be entitled to additional compensation or time extensions for work necessary to avoid interferences or for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this section.
ii. The locating of utilities shall be in conformance with Government Code section 4216 except for the City’s utilities located on the City’s property and not in public right-of-way.
iii. A “High Priority Subsurface Installation” is defined in section 4216(e) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, high-voltage electric supply lines, conductors, or cables that have a potential to ground of greater than or equal to 60kv, or hazardous materials pipelines that are potentially hazardous to workers or the public if damaged.” iv. A “Subsurface Installation” is defined in section 4216(l) as “any underground pipeline, conduit, duct, wire, or other structure, except non-pressurized sewer lines, non-pressurized storm drains, or other non-pressurized drain lines.”
v. Pursuant to Government Code section 4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than 14 Days before performing any excavation. The Contractor shall request that the utility owners conduct a utility survey and mark or otherwise indicate the location of their service. The Contractor shall furnish to the City written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations. vi. After the utility survey is completed, the Contractor shall commence “potholing” or hand digging to determine the actual location of the pipe, duct, or conduit. The City shall be given written notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe, where crossings, interferences, or connections are shown on the Drawings, prior to trenching or excavating for any pipe or structures, to determine actual elevations. New pipelines shall be laid to such grade as to clear all existing facilities, which are to remain in service for any period subsequent to the construction of the run of pipe involved.

SECTION 00700

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SECTION 00700

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vii. The Contractor's attention is directed to the requirements of Government Code section 4216.2(a)(2) which provides: “When the excavation is proposed within 10 feet of a high priority subsurface installation, the operator of the high priority subsurface installation shall notify the excavator of the existence of the high priority subsurface installation prior to the legal excavation start date and time, as such date and time are authorized pursuant to paragraph (1) of subdivision (a) of section 4216.2. The excavator and the operator or its representative shall conduct an onsite meeting at a mutually-agreed-on time to determine actions or activities required to verify the location of the high priority subsurface installation prior to start time.” The Contractor shall notify the City in advance of this meeting. c. Utility Relocation and Repair
i. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, Contractor shall notify the City in writing.
ii. Care shall be exercised by the Contractor to prevent damage to adjacent existing facilities and public or private works; where equipment will pass over these obstructions, suitable planking shall be placed. If high priority subsurface installations are damaged and the operator cannot be contacted, Contractor shall call 911 emergency services. iii. City will compensate the Contractor for the costs of locating and repairing damage not due to the failure of the Contractor to exercise reasonable care, and for removing or relocating such main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy, and for the cost of equipment on the Project necessarily idled during such work. The payment for such costs will be made as provided in ARTICLE 47 (Changes and Extra Work). The Contractor shall not be assessed liquidated damages for delay in completion of the Project when such delay is caused by the failure of the City or utility company to provide for removal or relocation of such utility facilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with ARTICLE 47. iv. The public utility, where they are the owner of the affected utility, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. The right is reserved to the City and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or SECTION 00700

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SECTION 00700

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hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.
v. When the Contract Documents indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor, unless otherwise stipulated in the Contract.
vi. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor’s responsibility and it shall make arrangements and bear all costs for such work.

ARTICLE 6. SCHEDULE
a. General Requirements. The schedule shall be prepared in a Critical Path Method (“CPM”) format and in an electronic scheduling program acceptable to the City.

Contractor shall deliver the schedule and all updates to the City in paper form. b. Initial Schedule. Within five (5) Days after the issuance of the Notice to Proceed, Contractor shall prepare a schedule for the performance of the Work and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
c. Schedule Contents. The schedule shall allow enough time for inclement weather that can reasonably be expected at the Site. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the Contract Time. Schedule duration shall match the Contract Time.

Schedules indicating early completion will be rejected. d. Schedule Updates. Contractor shall continuously update its construction schedule to show the actual status of the Work and incorporate changes in the Work. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress SECTION 00700

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SECTION 00700

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payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Invitation for Bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit written requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) Days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) Days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract.

If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article without adjustment to the Contract Price or Contract Time. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) electronic copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected electronic copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information SECTION 00700

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given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
d. Contractor shall not be entitled to any extension of the Contract Time on account of the requirements of this Article.

ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within the Contract Time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced fulltime Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.

ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees and subcontractors. Contractor shall not employ or allow subcontractors to employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

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b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.

ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. b. The City reserves the right to Approve all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 14. VERIFICATION OF EMPLOYMENT ELIGIBILITY
By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, subsubcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements.

ARTICLE 15. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and permits for plumbing, mechanical and SECTION 00700

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electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

ARTICLE 16. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.

Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project, including but not limited to startup and testing required in the Contract Documents.
c. All permanent meters Installed shall be listed in the Contractor’s name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City’s existing utilities. If Contractor uses City utilities, it shall compensate the City for utilities used by Contractor.

ARTICLE 17. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City.

Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the City.

Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

ARTICLE 18. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, SECTION 00700

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sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations, and all costs therefor shall be included in the Contract Price. Nothing in this section shall be deemed to allow the use of a shoring, bracing, sloping or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose a tort liability on the owner, any of its officers, officials, partners, employees, agents, consultants or volunteers. The Owner’s review of the Contractor’s excavation plan is only for general conformance to the Construction Safety Orders and does not relieve the Contractor of any obligation hereunder. Prior to commencing any excavation, the Contractor shall designate in writing to the City the “competent person(s)” with authority and responsibilities designated in the Construction Safety Orders.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated by information made available to bidders prior to the deadline for submitting bids.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled SECTION 00700

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completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

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

ARTICLE 20. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials (as defined in section 25117 of the Health and Safety Code) which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services.

The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

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

Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.

ARTICLE 22. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. Without limiting the foregoing, Contractor must fully comply with all Applicable Laws, rules and regulations in furnishing or using equipment and/ or providing SECTION 00700

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services, including but not limited to, emissions limits and permitting requirements imposed by the Air Quality Management City with jurisdiction over the Project and/ or California Air Resources Board (CARB). Contractor shall specifically be aware of the application of these limits and requirements to “portable equipment” which definition is considered to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by the air quality management City, CARB, or any other governmental or regulatory agency for its violations of Applicable Laws as well as those of its subcontractors or others for whom Contractor is responsible under its indemnity obligations provided for in ARTICLE 49.

ARTICLE 23. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (“State Water Board”) Water Quality Order No. 2009- 00009-DWQ as modified by Order No. 2010-0014-DWQ, National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Discharges Associated with Construction Activity (“Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board.

Contractor shall include all costs of compliance with specified requirements in the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage District, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.

ARTICLE 24. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 25. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a qualified individual Approved by the Engineer. Any required “as-built” drawings of civil engineering elements of the Work shall be prepared by a registered civil engineer.

ARTICLE 26. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.

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b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 27. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance with the Contract Documents or Applicable Law shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents, at the Contractor’s cost.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.

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f. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 28. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor in accordance with ARTICLE 47.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.

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4) Provide any and all dust control required and follow the applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
e. Should damage to persons or property occur as a result of The Work, Contractor shall promptly notify the City, in writing. Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

ARTICLE 29. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work.

In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

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ARTICLE 30. RESERVED
ARTICLE 31. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents or excuse Contractor from performing in accordance with the Contract Documents. The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 32. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, section 1810 to section 1815, except as provided in Labor Code section 1815. b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

ARTICLE 33. PAYROLL RECORDS
a. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall maintain and submit to the Department of Industrial Relations weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid 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. Contractor shall certify under SECTION 00700

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penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) The use of LCPtracker to submit all requested prevailing wage related documentation, including but not limited to Certified Payroll Reports, is required of all contractors and subcontractors performing covered work on this project. The city will provide a license for use of LCPtracker to all Contractors and subcontractors performing covered work. 2) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
3) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) Days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.

Should noncompliance still be evident after such ten (10) Day period, the Contractor shall, as a penalty to the City, forfeit One Hundred Dollars ($100.00) for each Day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the DIR, such penalties shall be withheld from contract payments.

ARTICLE 34. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code section 1720 et seq. and 1770 et seq., as well as California Code of Regulations, title 8, section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and SECTION 00700

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“maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00) for each Day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each Day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.

ARTICLE 35. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

ARTICLE 36. LABOR COMPLIANCE
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and SECTION 00700

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applicable law.

ARTICLE 37. CONTRACTOR AND SUBCONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

ARTICLE 38. NONDISCRIMINATION/EQUAL EMPLOYMENT

OPPORTUNITY/EMPLOYMENT ELIGIBILITY
Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Work. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein.

Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work SECTION 00700

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or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein.

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

ARTICLE 39. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, title 8, Industrial Relations division 1, Department of Industrial Relations, chapter 4. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

ARTICLE 40. INSURANCE
The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences.
a. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the SECTION 00700

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exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. b. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code.

The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.
c. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
d. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage.

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project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. i. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
ii. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. iii. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. iv. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
v. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. e. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of SECTION 00700

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

ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A: VII. Insurance deductibles or selfinsured retentions must be declared by the Contractor. At the election of the City, the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy.
b. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) Days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City its directors, officials, officers, employees, agents and volunteers. c. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) Days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the SECTION 00700

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City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this section. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. d. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
e. The City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
f. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract.

ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the Contract Time. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed within the Contract Time, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the then-current Project schedule.

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c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed Schedule of Values giving a complete breakdown of the Contract price. The Schedule of Values shall be adjusted as directed by the City;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

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

ARTICLE 44. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization shall be based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities.

4. Establishing fire protection system.

5. Developing and installing a construction water supply.

6. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.

7. Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.

8. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.

9. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

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10. Arranging for and erection of Contractor’s work and storage yard.

11. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.

12. Full-time presence of Contractor’s superintendent at the job site as required herein.

13. Submittal of Construction Schedule as required by the Contract Documents.

ARTICLE 45. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Unless the City has made findings pursuant to Public Contract Code section 7201 (that the work included in this Contract is substantially complex, and therefore a retention of 10% shall be withheld from each progress payment as provided by the Contract Documents), Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law or unless the City has made findings pursuant to Public Contract Code section 7201 (that the work included in this Contract is substantially complex, and therefore a retention of 10% shall be withheld from each progress payment as provided by the Contract Documents), the final payment of five percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code sections 8132, 8132, 8136 and 8138. Prior to final payment by the City, the SECTION 00700

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Contractor shall submit a final conditional waiver of lien for the Contractor’s work, together with unconditional releases of lien from any subcontractor or materialmen.

ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as the City may consider to be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site cleanup.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.

ARTICLE 47. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract Price and Contract Time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed SECTION 00700

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by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2) Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor.

Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days.
4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as City may reasonably request.
7) If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the Contract Price and/ or Contract Time in accordance with the City’s estimate. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the SECTION 00700

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added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.
(c) Tool and Equipment Use. Costs for the use of small tools, tools which have a replacement value of $1,000 or less shall be considered included in the markups described below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit.

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records, invoices and such other information as City may reasonably request.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the
Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an
additional five percent (5%) of the Net Cost of the lower tier subcontractor.
iv. No additional markup will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein, of the party that performs the Work.
9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on-Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties; insurance and bond premiums.
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material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 11) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier.
12) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price.

The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
13) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights. 14) If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order, and providing such supporting documentation for its position as the City may require. 15) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
16) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

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ARTICLE 48. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 49. INDEMNIFICATION
To the fullest extent allowed by law, Contractor shall defend (with Counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, at law or in equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with Counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, agents and authorized volunteers. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents and authorized volunteers in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, agents and authorized volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.

ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date.

Contractor shall use colors to distinguish variations in separate categories of The Work.

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b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the Engineer.

ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS
A. In accordance with Public Contract Code section 20104 et seq. and other Applicable Law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code section 10240 et seq.

B. All Claims. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the Contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) an amount the payment of which is disputed by the City.

C. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the Contractor. The City’s written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the Contractor to produce the additional information, whichever is greater.

D. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the Contractor. The City’s response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the Contractor to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge.

E. The Contractor will submit the claim justification in the following format:

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1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with the Government Code section 12650 et seq.

F. If the Contractor disputes the City’s response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 Days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.

G. The Contractor must comply with the claims filing procedures set forth in Government Code section 900 et seq. for any claim or any portion thereof that remains in dispute, after the meet and confer conference. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.

H. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor.

I. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims SECTION 00700

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shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard Applicable Laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of default and intent to terminate shall contain the reasons for termination. Unless within ten (10) Days after the service of such notice, Contractor resolves the circumstances giving rise to the notice of default to the City’s satisfaction, or makes arrangements acceptable to the City for the required corrective action, this Contract shall terminate. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience: In addition to its right to terminate this Contract for default, the City may terminate the Contract, in whole or in part, at any time upon ten (10) Days written notice to Contractor. The Notice of Termination shall specify that the termination is for the convenience of the City, the extent of termination and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:

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1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the Site and any other property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts and purchase orders to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience." 7) City’s total liability to Contractor by reason of the termination shall be limited to the total (without duplication of any items) of:
a) The reasonable cost to the Contractor for all Work performed prior to the effective date of the termination, determined in accordance with the force account provisions of ARTICLE 47, including the Work done to secure the Project for termination.

Reasonable cost may not exceed the applicable percentage completion values derived from the progress schedule and the Cost Breakdown. Deductions shall be made for cost of materials to be retained by the Contractor, cost of Work defectively performed, amounts realized by sale of materials, and for other appropriate credits or offsets against cost of Work as allowed by SECTION 00700

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the Contract Documents. Reasonable cost will include
reasonable allowance for Project overhead and general
administrative overhead.
b) When, in the City’s opinion, the cost of any item of Work is excessively high due to costs incurred to remedy or replace defective or rejected Work, reasonable cost to be allowed will be the estimated reasonable cost of performing the Work in compliance with requirements of the Contract Documents and excessive actual cost shall be disallowed.
c) A reasonable allowance for profit on cost of Work performed as determined in accordance with ARTICLE 47 provided that the Contractor establishes to the City’s satisfaction that the Contractor would have made a profit had the Project been completed, and provided further that the profit allowed shall not exceed five percent (5%) of the cost.
d) Reasonable costs to the Contractor of handling material returned to vendors, delivered to the City or otherwise disposed of as directed by the City.
e) A reasonable allowance for the Contractor’s internal administrative costs in preparing termination claim.
f) Reasonable demobilization costs, and reasonable payments made to Subcontractors or suppliers on account of termination. 8) In no event shall the City be liable for unreasonable costs incurred by the Contractor or subcontractors after receipt of a notice of termination. Such non-recoverable costs include, but are not limited to, the cost of or anticipated profits on Work not performed as of the date of termination, post-termination employee salaries, unreasonable post-termination administrative expenses, posttermination overhead or unabsorbed overhead, surety costs of any type, costs of preparing and submitting the Contractor’s termination claim, attorney fees of any type, and all other costs relating to prosecution of a claim or lawsuit.
9) The City shall have no obligation to pay the Contractor under this ARTICLE 52b (Termination for Convenience) unless and until the Contractor provides the City with updated and acceptable as-builts and Record Documents for Work completed prior to termination.

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10) In arriving at the amount due the Contractor under this clause there shall be deducted in whole or in the appropriate part(s) if the termination is partial:
a) All unliquidated advances or other payments on account previously made to the Contractor, including without limitation all payments which are applicable to the terminated portion of the Contract Documents,
b) Any claim the City may have against the Contractor in connection with the Work, and
c) The agreed price for, or proceeds of sale of, any materials, supplies, or other things kept by the Contractor and not otherwise recovered by or credited to the City.

These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 53. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one (1) year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.

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d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work to complete or correct the Work at issue. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense. f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all actions necessary to correct such condition. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice or that are required in the Contract Documents; 2) Require all warranties to be executed, in writing, for the benefit of the City; and
3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure section 337.15.

ARTICLE 54. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. b. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. c. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including electronic records, computations and projections) related to negotiating, pricing, or performing the SECTION 00700

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modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.

ARTICLE 55. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

ARTICLE 56. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall cooperate with and permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

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

ARTICLE 57. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address SECTION 00700

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in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 59. STATE LICENSE BOARD NOTICE.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation.

Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 60. INTEGRATION
a. This Contract, together with its incorporated documents, contains the entire, integrated agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. b. Any modification of this Contract shall be effective in in writing signed by all parties hereto. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.

ARTICLE 61. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

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ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds.

ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (chapter 2 (commencing with section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract.

This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 64. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 65. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in the Contract Documents are for reference purposes only and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic SECTION 00700

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Building code, including but not limited to, as it relates to the ADA, whenever applicable.
c. Contractor acknowledges and understands that, pursuant to Public Contract Code section 20676, sellers of “mined material” must be on an approved list of sellers published pursuant to Public Resources Code section 2717(b) in order to supply mined material for this Contract.

ARTICLE 66. PATENT FEES OR ROYALTIES.

The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

ARTICLE 67. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work.

ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

END OF GENERAL CONDITION

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"THE FOLLOWING TECHNICAL SPECIFICATIONS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

BID ITEM 1 MOBILIZATION
MOBILIZATION shall conform to the provisions in Section 9-1.16D, "Mobilization," of the State Standard Specifications, and these special provisions.

Measurement and Payment:

The contract LUMP SUM (LS) price paid for MOBILIZATION shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in MOBILIZATION, not exceeding 10% of the total bid cost, complete in place, including demobilization and final cleanup activities, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.

BID ITEM 2 TRAFFIC CONTROL SYSTEM
The Contractor’s attention is directed to Sections 7 "Legal Relations and Responsibility to the Public", 12 "Temporary Traffic Control", and 81 "Miscellaneous Traffic Control Devices” of the State Standard Specifications, as well as Section 7.2 "Traffic Control" of the City of Williams Improvement Plans and Specifications, 2025, and these special provisions.

The Contractor shall submit to the Engineer for review and approval a traffic handling and detour plan showing traffic control measures for vehicles, pedestrians and bicycles affected by the construction work. For emergency purposes, the responsible person in charge of the work must be reachable by phone 24 hours a day during the progress of the work. A 24-hour phone number shall be indicated on the permit application.

The Contractor shall conform to the current edition of the California MUTCD. Particular attention is directed to Chapter 6D – Pedestrian and Worker Safety and Chapter 6F – Temporary Traffic Control Zone Devices, Section 6F.68 – Detectable Edging for Pedestrians.

CONTRACTOR SUBMITTALS
The Contractor must submit for review and approval the following items:

A. Construction Sequencing Plan – detailing the proposed construction staging and proposed closures including limits, durations, and dates. All closures shall be clearly indicated in the project schedule.

B. Detour Plan – detailing the rerouting of pedestrian, bicycle, and vehicular traffic during any proposed closures.

C. Traffic Control Plan – detailing how pedestrian, bicycle, and vehicular traffic will be routed through active construction areas.

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The submitted plans shall cover all proposed phases of work. Each plan shall be submitted to the Engineer for review and approval. The Contractor shall make all requested modifications to these plans and no work affected by these plans shall begin until the plans have been approved.

ACCESS TO BUSINESSES
Access to businesses must be maintained at all times. The pedestrian walkways fronting the businesses must be staged so pedestrian access is maintained to the businesses as construction is occurring. Pedestrian access to businesses must meet all applicable ADA requirements. The Contractor developed traffic handling plan must include details for how this access will be maintained.

PUBLIC CONVENIENCE
All work within public streets and/or roadway rights-of-way shall be done in an expeditious manner and cause as little inconvenience to the traveling public as possible. Vehicles, bicycles, and pedestrians must be allowed to pass at all times except during an Engineer approved closure.

PEDESTRIAN AND BICYCLIST ACCESS
The Contractor shall not block the movement of pedestrian or bicycle traffic unless as part of an Engineer approved closure. The Contractor shall provide for pedestrian and bicycle traffic by phasing construction operations or by providing alternative pedestrian and bicyclist access through or adjacent to construction areas. The Contractor must submit for review and approval a traffic handling plan which includes details for the provision of pedestrian and bicycle access.

Proper advance notice signage with reasonable detours shall be installed and maintained through all phases of construction. At no time shall pedestrians be diverted into a portion of the street used for vehicular traffic or on to private property unless adequate lane closure signage is in place. Minimum allowable pedestrian and bicycle access shall consist of four-foot (4’) wide bridges across trenches and four-foot (4’) wide passageways through construction areas. Hand railings for pedestrians shall be provided when required by Cal/OSHA Regulations or the Americans with Disabilities Act (ADA) on each side of each bridge or passageway to protect pedestrians from hazards caused by construction operations or adjacent vehicular traffic. Railings or barricades, which border passageways located in roadway areas, shall be reflectorized on the side facing oncoming traffic.

ACCESS TO DRIVEWAYS, HOUSES AND BUILDINGS

TECHNICAL SPECIFCIATIONS
-75-
Access and passable grades shall be maintained at all times for business establishments during construction. Safe and passable pedestrian, bicyclist, and vehicular access shall be provided and maintained to fire hydrants, homes, commercial and industrial establishments. Access to these facilities shall be continuous and unobstructed unless otherwise approved. Ramps and driveways shall not have “lips” or elevation differences greater than three-eighths of an inch (3/8”). When abutting property owner’s access across the right-of-way line is to be eliminated, repaired, or replaced under the Contract, the existing access shall not be closed until their replacement access facilities are completed and functional.

ERECTION OF SIGNS TO EXPEDITE PASSAGE OF VEHICLES
The Contractor shall erect such warning and directional signs as necessary or as directed by the Engineer for expediting the passage of public traffic through or around the Work and the approaches.

TRAFFIC OBSTRUCTIONS, DELAYS AND INCONVENIENCES
All public traffic shall be permitted to pass through the Work zone unless during an Engineer approved closure, and the Contractor shall conduct operations that offer the least possible obstruction, delay, and inconvenience to the public.

WORK ON PRIVATE PROPERTY
The Contractor must obtain written permission from the owner of any privately owned property prior to beginning any work, storing materials or otherwise conducting any operations on said property. The written approval from the property owner must be on file with the Engineer before any operations will be permitted on said property.

HAZARDOUS CONDITIONS CREATED
Whenever the Contractor’s operations create a condition hazardous to pedestrians, bicyclists, or the traveling public, the Contractor shall, at the Contractor’s own expense, furnish, erect and maintain any fences, covers, temporary railing (Type K), barricades, lights, signs and other devices necessary or as directed by the Agency to prevent accidents or damage or injury to the public or property.

If needed for public use, roadway excavation shall be conducted to maintain a smooth and even surface satisfactory for use by public traffic at all times. This includes creating a temporary AC conform between the proposed roadway and existing conditions during each construction stage and the laying of temporary AC as needed during construction.

TECHNICAL SPECIFCIATIONS
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The surface of the roadbed shall be kept in a smooth, even condition free of humps and depressions, satisfactory for the use of public traffic as determined by the Agency.

Temporary facilities that the Contractor uses to perform the Work or store or stage material or equipment shall not be installed or placed where they will interfere with the free and safe passage of public vehicular, bicycle, or pedestrian traffic.

TRAFFIC CONTROL PLAN
The Contractor shall submit a site specific Traffic Control Plan to the Engineer at the preconstruction meeting in accordance with Section 6-10 of the Standard Specifications.

Revisions to the plan shall be submitted five (5) days prior to work. A copy of the Traffic Control Plan shall be available on site at all times. The Traffic Control Plan shall be developed within the following parameters:

1. No work will be allowed if the Contractor does not adhere to these traffic control guidelines.

2. The Contractor shall provide continuous business access (for loading operations, pedestrian traffic and safety vehicles) during the businesses’ hours of operations.

If two driveways access a single business, one driveway must remain open at all times. If three driveways access a single business, two driveways must remain open at all times. a single driveway or loading dock access a business, half of the driveway must remain open at all times.

3. At least one lane of vehicular traffic must be maintained in each direction at all times unless otherwise approved by the Engineer. Local access to businesses shall be provided at all times.

4. Working hours shall be between 8:30 AM and 4:30 PM Monday through Friday, unless otherwise approved by the Engineer.

5. Weekend work from 7:00 AM to 6:00 PM may be approved by the Engineer.

6. The Contractor shall submit for approval, a written request to perform weekend work a minimum of two (2) weeks prior to the weekend dates. If weekend work is approved, the additional cost of inspection shall be borne by the Contractor.

7. The Contractor shall furnish, install temporary stripes and maintain temporary construction warning signs, lighting, flaggers, barricades, striping and other devices necessary to safeguard the general public and the work, and to provide for the safe and proper routing of all vehicular and of pedestrian traffic within and through the limits of the projects during the construction. The requirement shall apply continuously and shall not be limited to normal working hours.

8. The Contractor shall maintain existing electrical facilities in accordance with Section 87-21 "Existing Electrical Systems" of the State Standard Specifications and these Special Provisions.

9. Except as specified elsewhere in these Special Provisions, commercial and residential driveways shall remain open at all times. The Contractor shall schedule the commercial and residential driveways to be poured in two phases unless more

TECHNICAL SPECIFCIATIONS
-77-
than one driveway is available to the property. The Contractor shall coordinate the driveway closure with property owners 5 calendar days in advance.

10. All work within public streets and/or roadway right-of-way shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible. Skid-resistant steel plates or other approved methods shall be used to cover all open excavations in the roadway during non-working hours.

11. Loading access to businesses must be maintained at all times. Pedestrian access with ADA compliant path of travel must be provided and maintained.

12. Lane closures shall be in conformance with an approved traffic control plan.

13. Placement and removal of the temporary traffic stripes (tape) and pavement markings (tape) required in each stage of construction shall be considered part of this item and no additional compensation will be allowed therefor.

14. Removal of any existing conflicting pavement stripes or makings shall be considered part of this item and no additional compensation will be allowed therefore.

15. Relocation of roadway signs from their current location to a temporary location needed for stage construction and all sign relocations needs during construction including temporary barricades shall be considered part of this item and no additional compensation will be awarded therefor.

Measurement and Payment:

The contract LUMP SUM (LS) price paid for TRAFFIC CONTROL SYSTEM shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in TRAFFIC CONTROL SYSTEM, complete in place, including preparing and implementing the Construction Sequencing Plan, Detour Plan, and Traffic Control Plan; furnishing all temporary traffic control devices (including temporary railing and barricades, temporary signage and pavement delineations, and portable changeable message signs); submitting and revising plans, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 3 WATER POLLUTION CONTROL PROGRAM
WATER POLLUTION CONTROL PROGRAM shall conform to the conditions in Section 13, “Water Pollution Control” of the State Standard Specifications and these special conditions.

Measurement and Payment:

The contract LUMP SUM (LS) price paid for WATER POLLUTION CONTROL PROGRAM shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in WATER POLLUTION CONTROL PROGRAM, complete in place, including conducting water pollution control training and monitoring, inspecting and correcting water pollution control practices at the job site, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 4 ROADSIDE SIGN

TECHNICAL SPECIFCIATIONS
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ROADSIDE SIGN shall conform to the applicable requirements of the Standard Specifications Standard Details ST-32 and ST-33, and the provisions in Section 82-3 “Roadside Signs,” and Section 82‑2, “Sign Panels,” of the State Standard Specifications; the Plans; and these Special Provisions. Provide and install roadside signs on new posts where shown on the Plans or as directed by the Engineer.

Notify the Engineer at least two (2) working days prior to post placement and review proposed post locations with the Engineer prior to installation. The Engineer may adjust post locations in the field.

Measurement and Payment:

The contract UNIT price paid for ROADSIDE SIGN shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in ROADSIDE SIGN, including sign panels, pole/support, foundations, complete in place, as shown on the plans, as specified in the Standard Specifications, State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 5 THERMOPLASTIC TRAFFIC STRIPE – DETAIL 1
THERMOPLASTIC TRAFFIC STRIPE - DETAIL 1 shall conform to the provisions in accordance with Section 84-2 of the State Standard Specifications and the Standard Plans A20A. Surface preparation, application, glass beads, and retroreflectivity shall conform to Section 84-2.02 and 84-2.03.

Measurement and Payment:

The contract unit price paid per LINEAR FOOT (LF) for THERMOPLASTIC TRAFFIC STRIPE – DETAIL 1 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC TRAFFIC STRIPE – DETAIL 1, complete in place, including pavement markers, adhesives, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 6 THERMOPLASTIC TRAFFIC STRIPE – DETAIL 22
THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22 shall conform to the provisions in Sections 84-2 "Traffic Stripes and Pavement Markings" of the State Standard Specifications and these Special Provisions.

THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22 shall be sprayable thermoplastic and confirm to the provisions of Section 84-2.03B(2)(c) "Sprayable Thermoplastic" of the State Standard Specifications.

THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22 shall conform to State Standard Plan A20A.

Measurement and Payment:

TECHNICAL SPECIFCIATIONS
-79-
The contract price paid per LINEAR FOOT (LF) for THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22, complete in place, including pavement markers, adhesives, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

The payment quantity for Detail 22 (a double traffic stripe consisting of two stripes) shall be measured as a single traffic stripe.

BID ITEM 7 THERMOPLASTIC TRAFFIC STRIPE – DETAIL 21
THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 shall conform to the provisions in Sections 84-2 "Traffic Stripes and Pavement Markings" of the State Standard Specifications and these Special Provisions.

THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 shall be sprayable thermoplastic and confirm to the provisions of Section 84-2.03B(2)(c) "Sprayable Thermoplastic" of the State Standard Specifications.

THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 shall conform to State Standard Plan A20A.

Measurement and Payment:

The contract price paid per LINEAR FOOT (LF) for THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer. The payment quantity for Detail 21 (a double traffic stripe consisting of two stripes) shall be measured as a single traffic stripe.

BID ITEM 8 THERMOPLASTIC 12-INCH LIMIT LINE
THERMOPLASTIC 12-INCH LIMIT LINE shall conform to the provisions in Sections 84- 2 "Traffic Stripes and Pavement Markings" of the State Standard Specifications and these Special Provisions.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for THERMOPLASTIC 12-INCH LIMIT LINE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC 12- INCH LIMIT LINE, complete in place as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 9 THERMOPLASTIC PAVEMENT MARKING
THERMOPLASTIC PAVEMENT MARKING shall conform to the provisions in Sections 84-2 "Traffic Stripes and Pavement Markings" of the State Standard Specifications and these Special Provisions.

TECHNICAL SPECIFCIATIONS
-80-
THERMOPLASTIC PAVEMENT MARKING shall conform to State Standard Plan A24A thru A24K.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for THERMOPLASTIC PAVEMENT MARKING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in THERMOPLASTIC PAVEMENT MARKING, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 10 TRANSVERSE RUMBLE STRIPS
TRANSVERSE RUMBLE STRIPS shall be the Grainger Rumble Strip: “6 ft 4 in Wd, ½ in Ht, Thermoplastic Alloy, Yellow, 0 to 45 mph” (Manufacturer Part Number 8003708120, Item 8AU56) or equivalent using the link below:
www.grainger.com
Installation is per product detail that states, “Installation method Asphalt Adhesive:

Epoxy” and as shown on the plan set. Asphalt Adhesive/Epoxy shall be equivalent to Caltrans traffic makers specification or equivalent material. Surface shall be cleaned and dry (no water or fluids) prior to placement.

Measurement and Payment:

The contract unit price paid per LINEAR FOOT (LF) for TRANSVERSE RUMBLE STRIPS shall include full compensation for furnishing all labor, materials, tools, equipment, incidentals, and for doing all work involved in TRANSVERSE RUMBLE STRIPS, complete in place, as shown on the plans, as specified in the State Standard Specifications, these Special Provisions, and as directed by the Engineer.

BID ITEM 11 FLASHING STOP SIGN
Furnishing and installing the FLASHING STOP SIGN shall conform to the latest applicable provisions of the State Standard Specifications, California MUTCD, the project plans, and these Special Provisions.

The LED sign system shall be Trafficalm flashing sign system or approved equal. Each assembly may include, but is not limited to: LED STOP sign (R1‑1) with integrated red LED perimeter (30‑inch or 36‑inch, as shown); power kit (solar panel, battery, charge controller, or 120 VAC if shown); mounting/post, cabinet/enclosure, wiring, photocell/dimming, hardware; and an intelligent controller. All exposed hardware shall be anti‑vandal.

Measurement and Payment:

The contract UNIT price paid for FLASHING STOP SIGN shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and

TECHNICAL SPECIFCIATIONS
-81-
for doing all the work involved in FLASHING STOP SIGN including LEDs, controller, cabinet, power (solar or AC as shown), pole/support, foundations, wiring, labels, and testing, complete in place, as shown on the plans, as specified in the Standard Construction Specifications, these Special Provisions, and as directed by the Engineer and no additional compensation will be allowed therefor.

BID ITEM 12 SOLAR FLASHING BEACON SYSTEM
The work of installing the SOLAR FLASHING BEACON SYSTEM including solar panels, enclosure/controller, LED circular beacon assemblies, and sign panels. The signs, poles, beacons, and appurtenances shall be located as shown on the Plans, or as directed by the Engineer. The flashing beacon system shall be Carmanah R247-F (or R247-G) or approved equal.

The flashing beacon shall meet applicable MUTCD requirements for flashing beacons, including a nominal flash rate of 50–60 flashes per minute and color (yellow or red) as indicated in the Plans. Battery shall be 12V with a minimum 5-year design life and quick-connect terminals. The solar panel shall tilt 40° to 60° and face due south or as approved by the Engineer. Signage shall be as indicated in the Plans and meet MUTCD requirements for size, legend, retroreflectivity, and placement. Where scheduled operation is required (e.g., school zone), provide an integral time-of-day scheduler; otherwise, operate in continuous flash with automatic day/night dimming.

Construction
Install per State Standard Specifications Section 86, “Signals and Lighting,” and as shown on the Plans, including mounting hardware, wiring, grounding/bonding, and controller setup/programming. Coordinate beacon mounting heights, lateral offsets, and clearances with the Plans and the MUTCD. Restore all disturbed surfaces.

Measurement and Payment:

The contract UNIT price paid for SOLAR FLASHING BEACON SYSTEM shall include full compensation for furnishing all labor, materials, tools, equipment, installing solar panels, controller, LED beacons, and all necessary appurtenances as indicated in the Plans, and incidentals, and for doing all the work involved, complete in place, including surface restoration, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 13 REMOVE ROADSIDE SIGN
REMOVE ROADSIDE SIGN of the types and sizes shown on the plans shall conform to the provisions in Section 15, "Existing Facilities," of the State Standard Specifications and these Special Provisions.

If sign is determined by the City Engineer to be salvaged, the sign shall be returned to the City of Williams.

Measurement and Payment:

The contract UNIT price paid for REMOVE ROADSIDE SIGN shall include full compensation for meeting all of the provisions of this section, furnishing all labor,

TECHNICAL SPECIFCIATIONS
-82-
materials, tools, equipment, and incidentals and for doing all work involved in REMOVE ROADSIDE SIGN as shown on the plans, as specified in the Standard Construction Specifications, State Standard Specifications and these special provisions, and as directed by the Engineer, and no additional payment shall be made therefor.

BID ITEM 14 REMOVE THERMOPLASTIC PAVEMENT MARKING
REMOVE THERMOPLASTIC PAVEMENT MARKING shall conform to the provisions in Section 84-9.03C, "Remove Traffic Stripes and Pavement Markings - High Pressure Water Blasting," of the State Standard Specifications and these Special Provisions.

Submit your proposed method for removing pavement markings at least 7 days before starting the removal work. Allow 3 business days for the review.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for REMOVE THERMOPLASTIC PAVEMENT MARKING shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in REMOVE THERMOPLASTIC PAVEMENT MARKING as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 15 REMOVE THERMOPLASTIC TRAFFIC STRIPE
REMOVE THERMOPLASTIC TRAFFIC STRIPE shall conform to the provisions in Section 84-9.03C, "Remove Traffic Stripes and Pavement Markings - High Pressure Water Blasting," of the State Standard Specifications and these Special Provisions.

Submit your proposed method for removing traffic stripe at least 7 days before starting the removal work. Allow 2 business days for the review.

The contract price paid per LINEAR FOOT (LF) for REMOVE THERMOPLASTIC TRAFFIC STRIPE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in REMOVE THERMOPLASTIC TRAFFIC STRIPE, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

ALTERNATIVE BID NO. 1 ITEMS
BID ITEM 1 HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2” HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2" shall conform to the provisions in Section 39 "Asphalt Concrete" of the State Standard Specifications and these Special Provisions.

Hot mix asphalt concrete shall be Type A, 1/2” maximum aggregate (coarse) and shall be placed as shown on the Plans, as specified in these Special Provisions and in conformance with the requirements of Sections 39 "Asphalt Concrete" of the State Standard Specifications.

TECHNICAL SPECIFCIATIONS
-83-
The cost for sawcutting the asphalt concrete at conforms as shown on the plans, shall be full compensated into the unit cost for HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2" and no separate or additional payment shall be made.

Measurement and Payment:

The contract price paid per TON for HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2" shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in HOT MIX ASPHALT (TYPE A) – GRIND AND OVERLAY 2", complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.

BID ITEM 2 DEEP LIFT PATCHING (DIGOUT)
DEEP LIFT PATCHING (DIGOUT) shall consist of sawcutting and removing existing asphalt concrete to the depth and limits shown on the Plans; shaping and preparing the exposed base; placing Class 2 Aggregate Base where required; applying tack coat to vertical faces and the prepared base; backfilling with Hot Mix Asphalt (Type A, ½" max, PG 64-16) in lifts not exceeding 3 inches; compacting to the specified density; and restoring the surface to line, grade, and cross slope, complete in place. Work shall conform to the State Standard Specifications (latest edition), including Section 39 (Hot Mix Asphalt) and Section 26 (Aggregate Bases), the project Plans, and these Special Provisions. Proper disposal of removed materials and protection of adjacent improvements are included.

Measurement and Payment:

The contract price paid per SQUARE FOOT (SQFT) for DEEP LIFT PATCHING (DIGOUT) shall include full compensation for meeting all provisions of this section; furnishing all labor, materials, tools, equipment, and incidentals; and performing all work necessary for DEEP LIFT PATCHING (DIGOUT) including sawcutting, removal, disposal, base preparation and Class 2 AB (if required), tack coat, Hot Mix Asphalt placement in lifts, compaction, and surface restoration within the patch limits, complete in place, as shown on the Plans and as specified herein; no additional payment will be made therefor.

PLANS AND DRAWINGS

THE FOLLOWING PLANS AND DRAWINGS ARE INCORPORATED HEREIN BY REFERENCE AS IF SET FORTH IN THEIR ENTIRETY:

1. Highway Safety Improvement Program, Systematic Improvements 03-Williams1.1 Project 100% CONSTRUCTION COST ESTIMATE LAST UPDATED:
2/4/2026
AGENCY PROJECT NAME QTY. ORIGINATOR

CITY OF WILLIAMS
Williams Highway Safety Improvement Program, Intersection Improvements 03-Williams-1.1 Project C. Gillis
PROJECT NUMBER LOCATION QTY. CHECKER
23606-600-25
I-5 AND SR-20 NB RAMPS, SR-20 AND HUSTED RD, E. ST AND SR-20, OLD HWY 99 AND CRAWFORD RD, RUGGERI WAY AND VANN ST, ABEL RD AND HUSTED RD J. GINNEVER

BASE BID
Item
No.

ITEM DESCRIPTION
Estimated
Quantity Unit Unit Price($/Unit)
Amount
($)
1 MOBILIZATION 1 LS $20,000.00 $20,000.00
2 TRAFFIC CONTROL SYSTEM 1 LS $75,000.00 $75,000.00
3 WATER POLLUTION CONTROL PROGRAM 1 LS $7,000.00 $7,000.00 4 ROADSIDE SIGN 7 EA $750.00 $5,250.00
5 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 1 120 LF $10.00 $1,200.00 6 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 22 730 LF $10.00 $7,300.00 7 THERMOPLASTIC TRAFFIC STRIPE - DETAIL 21 40 LF $11.00 $440.00 8 THERMPOPLASTIC 12-INCH LIMIT LINE 300 SQFT $10.00 $3,000.00 9 THERMOPLASTIC PAVEMENT MARKING 520 SQFT $12.00 $6,240.00 10 TRANSVERSE RUMBLE STRIPS 390 LF $40.00 $15,600.00
11 FLASHING STOP SIGN 7 EA $5,000.00 $35,000.00
12 SOLAR FLASHING BEACON SYSTEM 7 EA $3,500.00 $24,500.00 13 REMOVE ROADSIDE SIGN 7 EA $500.00 $3,500.00
14 REMOVE THERMOPLASTIC PAVEMENT MARKING 440 SQFT $8.00 $3,520.00 15 REMOVE THERMOPLASTIC TRAFFIC STRIPE 890 LF $5.00 $4,450.00 Subtotal = $212,000.00
Contingency @10%= $21,200.00
Grand Total = $233,200.00
For Budget Purposes = $234,000.00
BID ALTERNATIVE #1 NON PARTICIPATING ITEMS
Item
No.

ITEM DESCRIPTION
Estimated
Quantity Unit Unit Price($/Unit)
Amount
($)
1 HOT MIX ASPHALT (TYPE A) - GRIND & OVERLAY 2" 95 TON $160.00 $15,200.00 2 DEEP LIFT PATCHING (DIGOUT) 800 SQFT $35.00 $28,000.00 Subtotal = $43,200.00
Contingency @10%= $4,320.00
Grand Total = $47,520.00
For Budget Purposes = $48,000.00

BENNETT ENGINEERING SERVICES ASSUMES NO RESPONSIBILITY FOR DIFFERENCES BETWEEN THESE QUANTITIES AND FINAL PAY QUANTITIES. Total with Alt Bid 1 = $282,000.00 https://us-partner-integrations.egnyte.com/msoffice/wopi/files/30ca6606-6773-446d-ab8f-ef3e98386493/WOPIServiceId_TP_EGNYTE_PLUS/WOPIUserId_-/23606-600-25-03-Williams-1.1 Project-Estimate.xlsm

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