Yuba City City Council
June 16, 2026

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00480 - 5 City of Yuba City
Certification of Bidder’s Experience and Qualifications Septage Hauling and Receiving Station
PROJECT MANAGER or PROJECT SUPERINTENDENT EXPERIENCE- To be submitted with Bid.

The Bidder shall name below the Project Superintendent who will be assigned to this Project and will be personally present on-site full time during construction. Bidder shall submit past completed municipal supply well construction project experience of this person. List three completed public works or utilities construction projects below where the individual named below held the position of Project Superintendent.

One of the listed public works or utilities construction projects must have a contract amount greater than $600,000. The demonstrated experience of the Project Superintendent must have been within the last five (5) years.

Name of Project Superintendent: __________________________________ Number of Years of Total Construction experience as a Project Superintendent assigned to the types of projects as defined above: ______years
Number of Years as a Project Superintendent for your Company: ______ years List three completed Public Works or Utilities construction projects where the individual named above held the position of Project Superintendent. One of the projects must have a contract value of at least $600,000.

Project #1 Name:

Owner:

Construction Cost: $
Construction Time: Calendar Days
Owner’s Representative:

Owner’s Representative Telephone No.:

Engineer or On-Site Construction Mgr.:

Engineer or On-Site CM’s Telephone No.:

Date of Substantial Completion (must be within the last five(5) years):

Duration of Project (in months)
Project #2 Name:

Owner:

Construction Cost: $
Construction Time: Calendar Days
Owner’s Representative:

Owner’s Representative Telephone No.:

Engineer or On-Site Construction Mgr.:

Engineer or On-Site CM’s Telephone No.:

Date of Substantial Completion (must be within the last five(5) years):

Duration of Project (in months)

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00480 - 6 City of Yuba City
Certification of Bidder’s Experience and Qualifications Septage Hauling and Receiving Station
Project #3 Name:

Owner:

Construction Cost: $
Construction Time: Calendar Days
Owner’s Representative:

Owner’s Representative Telephone No.:

Engineer or On-Site Construction Mgr.:

Engineer or On-Site CM’s Telephone No.:

Date of Substantial Completion (must be within the last five(5) years):

Duration of Project (in months)
This form is to be fully completed and submitted by the Bidder with the Bid. Bidder is not allowed to provide a substitute form of similar information.

The City will check project references listed to verify information provided along with skills and capacity represented by Bidder. It is very important that the Bidder verify that all contact information is current for each name listed above.

Failure of the Bidder to provide current and valid project contact information, all information required by this certification, and/or failure of the Bidder to meet both the pre-requisite Company and Project Superintendent experience may be grounds for the City to determine the Bidder to be non-responsive and/or non-responsible and therefore ineligible for contract award.

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00480 - 7 City of Yuba City
Certification of Bidder’s Experience and Qualifications Septage Hauling and Receiving Station
C. FINANCIAL INFORMATION- DO NOT SUBMIT THE FOLLOWING INFORMATION WITH YOUR BID! The three lowest monetary Bidders shall submit, within three (3) business days following the bid opening date, the following claim information.

The City reserves the right to request financial information from other bidders at a later time, if necessary, prior to award.

1. Bidder shall identify each claim filed against it in the last five (5) years by any project owner in arbitration or litigation seeking in excess of $100,000 and which (i) the project owner prevailed; or (ii) the resolution resulted in the project owner receiving an amount equal to or in excess of 55% of the amount asserted.

For each such claim, Bidder shall provide the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution and the amount of the resolution). Are there any pending claims against your company that should you lose the claim(s), would adversely affect your financial position or your ability to meet your obligations if awarded the contract for this project? If so, please explain.

Claims Filed Against Bidder
Project Name:

Date of Claim:

Claimant Name:

Court:

Status of Claim:

Explanation:

Bidder shall identify each claim filed by it in the last five (5) years against any project owner in arbitration or litigation seeking in excess of $100,000 and which (i) the Bidder lost; or (ii) the resolution resulted in the Bidder receiving an amount equal to less than 50% of the amount asserted. For each such claim, Bidder shall provide the project name, date of the claim, name of the project owner, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution and the amount of the resolution). Are there any pending claims by your company against a project owner that should you lose the claim(s), would adversely affect your financial position or your ability to meet your obligations if awarded the contract for this project? If so, please explain.

Claims Filed By Bidder
Project Name:

Date of Claim:

Claimant Name:

Court:

Status of Claim:

Explanation:

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00480 - 8 City of Yuba City
Certification of Bidder’s Experience and Qualifications Septage Hauling and Receiving Station
To the extent permitted by law, all financial information provided by Bidder that is marked “Confidential” or “Proprietary” shall be handled by the City as non-disclosable in accordance with California Public Records Act ( Government Code 6250). The City, upon receipt of the requested financial information shall treat the same as confidential and take such reasonable measures as to protect it from public access. If the City receives a request, whether via the Public Records Act and/or via a judicial process that seeks the publication and/or production of said information, City agrees to provide notice in writing to the entity whose information is sought to afford them an opportunity to challenge the third party's access and/or to seek to quash the judicial process which seeks the publication and/or production thereof.

VERIFICATION AND SIGNATURE
I, the undersigned, certify and declare that I have read all the foregoing answers to this Statement of Qualifications Questionnaire. I also certify and declare that I have personally reviewed and approved the information provided for the Company Experience, Project Superintendent Experience, Company Safety Information and Financial Information. I certify and declare that the foregoing is true and correct.

Signed this ______ day of ___________________, 20____
Bidder’s Name
Authorized Signature Date
Title of Signator

END OF SECTION

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00490 - 1 City of Yuba City
Statement of Safety Compliance Septage Hauling and Receiving Station SECTION 00490

STATEMENT OF SAFETY COMPLIANCE
The Contractor agrees in accordance with the requirements of California Labor Code Section 6400 and related provisions of law the Contractor, the Contractor's privities and any other entities acting pursuant to this contract will be “employers” responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities acting pursuant to this contract and that the Owner will not be responsible for having hazards corrected and /or removed at the location where the work under the contract is to be performed.

The Contractor hereby acknowledges Owner concerns regarding safety at its facility and at the Project worksite. The Contractor shall conduct its operations to eliminate or reduce hazards and risks associated with Contractor’s activities, to prevent accidents and injuries, and to prevent property damages. Therefore, strict compliance with all of the most current safety, health and environmental regulations (federal, state and local) is required. Non-compliance with these regulations may result in suspension or termination of work in progress.

The Contractor’s Safety Programs must accomplish the foregoing objectives. The Contractor certifies that its Safety Programs comply and will satisfy these requirements. The Contractor also certifies that each Subcontractor and Sub-subcontractors and other parties with which it has agreements to perform work on the Project worksite will also comply and will satisfy these requirements.

The mandatory (and other) Contractor Safety Programs are delineated in Part A of the attached Contractor Safety Operations Requirements. The Contractor further certifies that it can furnish mandatory satisfactory evidence of compliance.

The Contractor further acknowledges that its Subcontractors and Sub-subcontractors will provide all Safety Compliance documents to Contractor in accordance with Specification Section 00490.

Executed On: ____________________, _____
Signature Name of Bidder
Title

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00490 - 2 City of Yuba City
Statement of Safety Compliance Septage Hauling and Receiving Station PART A - Safety Programs
Please indicate below whether your firm has the following written safety programs. If any of the programs listed do not apply to your operations or this project, please make note of this in the “Comments” column. Include any information that you think would be helpful to us in making this assessment. Those programs that are indicated as mandatory must be available for review before commencing work on this project. Other safety programs may be requested if it is later determined that they are applicable to the Project, and as such, must be made available for review upon request, at no additional charge to the Owner.

Program
Do you have
a written
program?
Program
meets
Cal/OSHA
Criteria
Sub will
provide
Have project
employees been
trained?
Is the training
documented? Comments
Mandatory Yes No Yes No Yes No Yes No
YES Injury and Illness
Prevention
YES Hazard Communication
YES Confined Space Operations
Respiratory Protection
Emergency Response
Hearing Conservation
YES Lockout/Tagout
YES New Employee Orientation
YES Excavation Safety
Code of Safe Practices
YES Personal Protective
Equipment (PPE)
YES Drugs/Alcohol
YES Traffic Control Safety
YES Fall Prevention Plan (1)
YES Sutter County Health
Order for COVID-19,
Construction Project
Safety Protocol
(1)
If conventional fall protection measures cannot be used.

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026 00490 - 3 City of Yuba City
Statement of Safety Compliance Septage Hauling and Receiving Station PART B - Safety Equipment - Identify what safety equipment will be available and used for this project.

Type Description/Comments
[ ] Gas detectors
[ ] Ventilation equipment
[ ] Approved harnesses and lanyards
[ ] Mechanical hoists
[ ] Fire extinguishers
[ ] First aid kits
[ ] Respirators
[ ] Hard hats
[ ] Hearing protectors
[ ] Safety goggles
[ ] Steel toed footwear
[ ] Hand protection
[ ] Fall protection
[ ] Confined Space Rescue Equipment
[ ]
PART C - Specialized Training and Certification - Identify the areas of specialized training or certification that will have been completed by employees who will be assigned to this project. Be prepared to provide documentation as requested. [ ] CPR/first aid [ ] Confined space operations and rescue [ ] Scaffolding [ ] Fork lift operation [ ] Respirators [ ] Air-Supplying [ ] Air-Purifying
[ ] Flagging
[ ] Cranes/hoists operation [ ] Trenching and shoring competent person [ ] Traffic Control [ ] Heavy equipment operation [ ] Welding [ ]
[ ] Powder-actuated tools use [ ] Asbestos abatement [ ]

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026
00490 - 4 City of Yuba City
Statement of Safety Compliance Septage Hauling and Receiving Station PART D - Jobsite Safety Practices

1. Name of person who will have responsibility for jobsite safety? __________________________________________________________________

2. Who will be responsible for conducting and documenting accident investigations? __________________________________________________________________ Does your company perform near-miss investigations? ______________ Please provide sample copy of investigation forms.

3. How often are jobsite safety audits or inspections performed, ___________________ and by whom?____________________________________________

4. Does the person who is responsible for jobsite safety have authority to take immediate action to correct unsafe conditions of work practices?________________________

5. How often are jobsite tailgate or toolbox safety meetings held?_________________

6. Briefly describe how you will ensure that workers comply with safety programs and Cal/OSHA requirements?
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

7. Please list any Cal/OSHA citations and penalties you have received in the last three years. _______________________________________________________________________ _______________________________________________________________________

8. Have there been any on-the-job fatalities at any job site managed by the Contractor in the last five years?_____________________
If yes, please explain.
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

9. Does your company have a safety incentive program? ____________________________ If yes, please explain.
_______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026
00490 - 5 City of Yuba City
Statement of Safety Compliance Septage Hauling and Receiving Station PART E: Evaluation Worksheet
(FOR USE BY THE OWNER ONLY)
Company Name
Contact Person
Item
Program is
Mandatory
Contract
or has
Written
Program
Contractor States
Program meets
Cal/OSHA Criteria
Comments
PART A: Safety Programs
Injury and Illness Protection Yes
Hazard Communication Yes
Confined Space Operations Yes
Lockout / Tagout Yes
New Employee Orientation Yes
Drug and Alcohol Policy Yes
Excavation Safety Yes
Traffic Control Yes
Other Programs: PPE, Fall Protection
PART B: Safety Equipment
PART C: Training and Certifications
PART D: Jobsite Safety Practices
Responsible Person Named
Accident Investigations
Worksite Safety Inspections
Safety Meetings
Compliance With Safety Requirements
Cal/OSHA Citations/Penalties
Fatalities
Safety Incentives

END OF SECTION

BIDDING REQUIREMENTS Name of Bidder: ________________
May 2026
00490 - 6 City of Yuba City
Statement of Safety Compliance Septage Hauling and Receiving Station (THIS PAGE LEFT BLANK INTENTIONALLY)

CONTRACTING REQUIREMENTS
May 2026 00500 - 1 City of Yuba City
Notice of Award Septage Hauling and Receiving Station
SECTION 00500

NOTICE OF AWARD
Date: _____________________
To: ______________________________________
(Name of Bidder)
Address: __________________________________
_______________________________________
Project Name: Septage Hauling and Receiving Station
You are notified that your Bid dated __________ for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for constructing the Septage Hauling and Receiving Station.

The Total Contract Price of your Contract is ___________________________________ Dollars ($______________).

Three (3) copies of each of the proposed Section 00520, Agreement, accompany this Notice of Award.

You must comply with the following conditions precedent within fifteen (15) calendar days of the date you receive this Notice of Award.

1. Deliver to Leticia Villalobos at 1201 Civic Center Boulevard, Yuba City, CA, 95993 three (3) signed copies of the Agreement, as found in Section 00510, leaving the date blank. Deliver to the attention of: ___________________________________________. If mailed, please mail to ________________________________________________________________.

2. Deliver with the Agreement the appropriate Certificate of Authorization found in Sections 00515, 00520, 00525, or 00530.

3. Deliver with the Agreement the Contract Bonds as specified and found in Sections 00540, Performance Bond, and 00550, Payment Bond.

4. Deliver with the Agreement all required original Insurance Certificates and endorsements as required in Sections 00700, Article 13- Insurance and Indemnification.

5. Deliver with the Agreement a signed Workers’ Compensation Insurance Certificate found in Section 00560.

Failure to comply with these conditions within the time specified will entitle the City to consider you in default, annul this Notice of Award and declare your Bid security forfeited.

Within ten (10) calendar days after you comply with the above conditions, the City will return to you one fully executed Agreement for your records.

City of Yuba City
By: ________________________________
Its: ________________________________
Copy to:

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00500 - 2 City of Yuba City
Notice of Award Septage Hauling and Receiving Station
(THIS PAGE LEFT BLANK INTENTIONALLY)

CONTRACTING REQUIREMENTS
May 2026 00510 - 1 City of Yuba City
Agreement Septage Hauling and Receiving Station
SECTION 00510

AGREEMENT

AGREEMENT FOR THE CONSTRUCTION OF

SEPTAGE HAULING AND RECEIVING STATION
PROJECT NO. 25-04
(Document will be re-typed after Contract Award)
THIS AGREEMENT made and entered into this ___ day of ________, 2025, between the City of Yuba City, a public entity in Sutter County, organized and existing under the laws of the State of California, hereinafter referred to as the “City” or “Owner” and , ____________________________ , hereinafter referred to as the “Contractor”;

RECITALS
WHEREAS, the City Council heretofore caused Drawings and Specifications for the Work hereinafter mentioned to be prepared, and therefore did approve and adopt the Drawings and Specifications; and
WHEREAS, the City Council did cause to be published for the time and in the manner required by law, a Notice inviting sealed Bids for the performance of the Work; and WHEREAS, the Contractor, in response to such Notice, submitted to the City within the time specified in the Notice, and in the manner provided for therein, a sealed Bid for the performance of the Work specified in the Contract Documents, which the Bid, and the other Bids submitted in response to the Notice, the City publicly opened and canvassed in the manner provided by law; and WHEREAS, the Contractor was the lowest responsible Bidder for the performance of the Work, and the City Council, as a result of the canvass of the Bids, did determine and declare Contractor to be the lowest responsible Bidder for the Work and award a Contract to Contractor to do the Work referred to in the aforementioned plans and specifications; and
WHEREAS, Contractor is ready, willing and able to complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings and all other terms and conditions of the Contract Documents; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter, the City and Contractor agree as follows:

ARTICLE 1 - SCOPE OF WORK

1.1 The Work. The Contractor shall furnish all labor, materials, tools, apparatus, equipment, transportation, insurance, bonds, special services and skill to construct and complete in good workmanlike and substantial manner to the satisfaction of the City all the Work called for, and in the manner designated in, and in strict conformity with the Contract Documents for the project entitled: Septage Hauling and Receiving Station. All incidental work not shown on the Plans or specified herein which is necessary to complete the Work so as to provide the project described, or shown, shall be furnished and installed as part of this Contract at no additional cost to the City.

1.2 Location of Work. The Work will be performed at the following location: Yuba City Wastewater Treatment Facility, 302 Burns Drive in the City of Yuba City, CA as shown on the Contract Drawings.

CONTRACTING REQUIREMENTS
May 2026 00510 - 2 City of Yuba City
Agreement Septage Hauling and Receiving Station
ARTICLE 2 - CONTRACT DOCUMENTS

2.1 Contract Documents.

The Contract Documents consist of the following documents:
• Introductory Information (Sections 00005 through 00010) • Bidding Requirements (Sections 00100 through 00480. Does not include Section 00300, Supplemental Project Information Available to Bidders); • Contracting Requirements (Sections 00510 through 00800); • General Requirements (Division 1);
• Technical Specifications including all Tables, Exhibits and Attachments; • City Standard Specifications
• Contract Drawings;
• Addenda (numbers ___ to____, inclusive);
• Permits from other agencies as may be required by law; and • All other documents incorporated by reference into these Contract Documents. • The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:
o Notice to Proceed (Section 00600);
o Field Directive(s);
o Change Order(s);
o Construction Change Directive; and
o Field Order(s).

2.2 Not Contract Documents. There are no Contract Documents other than those listed in this Section 00510, Article 2, Contract Documents, Section 00300, Supplemental Project Information Available to Bidders, and the information supplied therein, are not Contract Documents. The Contract Documents may only be amended, modified or supplemented as provided for in Section 00700, General Conditions and Section 00800, Supplemental General Conditions.

2.3 Definitions and Terms. Unless otherwise specifically provided herein, all terms, words and phrases defined in Section 00700- 1.02, Definitions of Words and Terms, shall have the same meaning and intent in this Agreement.

2.4 Entire Contract; Interpretation. This Agreement, together with the Contract Documents, constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto (including without limitation, City’s award of the Contract to Contractor and any applicable letter of intent), unless such agreement is expressly incorporated herein. City makes no representations or warranties, express or implied, not specified in this Agreement or the Contract Documents. This Agreement and the Contract Documents are the product of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code §1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement or the Contract Documents.

2.5 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

2.6 Amendments. The terms of this Agreement or the Contract Documents shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except as authorized by the Contract documents or by a written instrument signed by the Parties.

CONTRACTING REQUIREMENTS
May 2026 00510 - 3 City of Yuba City
Agreement Septage Hauling and Receiving Station

2.7 Further Assurances. The Parties shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement and the Contract Documents.

ARTICLE 3 - CONTRACT PRICE

3.1 Contract Price Breakdown. Subject to additions and deductions by Change Order(s) as provided in the Contract Documents, the City agrees to pay and Contractor agrees to accept, in full payment for completion of the Work in accordance with the Contract Documents as follows:

Bid Items
Item Description Quantity Unit Unit Cost,
Dollars
Extended Price
1 Bonds and Insurance Lump Sum
2 Mobilization (maximum of
2%)
Lump Sum
3 Preparation and approval of
all Project Submittals.

Lump Sum
4 Temporary Facilities, Fences,
and Protection of the Work
Lump Sum
5 SWPP Permit and Erosion
Control
Lump Sum
6 All Traffic Control and
Preparation and Approval of
Traffic Control Plan.

Lump Sum
7 All Preliminary Site Work,
Clearing, Grubbing, Potholing
and Off-Haul of Material
Lump Sum
8 General Excavation, Removal
and Disposal of Soil, and
Placement and Compaction
of Native and Required
Import Material at Septage
Structure.

Lump Sum
9 General Excavation, Removal
and Disposal of Soil, and
Placement and Compaction
of Native and Required
Import Material for All New
Pipe Trenches, Including in
Burns Drive.

Lump Sum
10 Placement of Base Rock
Under Roadways
Lump Sum
11 Placement of Base Rock
Under Concrete Structures
Lump Sum
12 Asphalt Paving, Patching, and
Repair in Burns Drive
Lump Sum

CONTRACTING REQUIREMENTS
May 2026 00510 - 4 City of Yuba City
Agreement Septage Hauling and Receiving Station
13 Asphalt Paving at New
Septage Road Extension.

Lump Sum
14 Concrete Repair in Burns
Drive and Other
Miscellaneous Concrete
Repair Work.

Lump Sum
15 Installation of Concrete at
Septage Structure, Slab, and
Trench Drains.

Lump Sum
Labor and Materials Total Bid Price
Alternate Bid Items
Item Description Quantity Unit Unit Cost,
Dollars
Extended Price
1 Additional Base Rock and
Asphalt Paving at New
Septage Road Extension as
Indicated on the Drawings
Lump Sum
TOTAL BID AWARD PRICE (Items 1 through 15) $_____________________________ TOTAL ALTERNATE BID PRICE (Item 1) $______________________________ TOTAL BID AWARD PRICE (in words)
The above Total Contract Price includes all allowances, if any, provided for in the Contract Documents.

Progress and final payments shall be in accordance with the General Conditions.

When, under the provisions of this Agreement, the City shall charge any sum of money against Contractor, City shall deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from City. If, on completion or termination of the Contract, sums due Contractor are insufficient to pay City's charges against him, the City shall have the right to recover the balance from Contractor or its sureties.

Compensation for Unit Price Items shall be based upon the unit prices stated in above schedule times the actual quantities or units of work and materials performed or furnished. Unit prices paid by the City may change depending on actual quantities or units or work completed in accordance with Section 00700-9.04, Increased or Decreased Quantities.

3.2 Substitution of Securities for Money Withheld. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Agreement in the manner as provided by California Public Contract Code §22300. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement. Securities eligible for substitution shall include those listed in §16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTING REQUIREMENTS
May 2026 00510 - 5 City of Yuba City
Agreement Septage Hauling and Receiving Station
ARTICLE 4 - CONTRACT TIMES

4.1 Time is of the Essence. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of this Agreement.

4.2 Commence Work. Contractor shall commence execution of the Work on the date established in the Notice to Proceed. The City reserves the right to modify or alter the Commencement Date of the Work.

4.3 Days to Achieve Contract Times. The Contractor shall diligently execute the Work to complete each Milestone listed below within the following number of consecutive calendar days from the date established in the Notice to Proceed for the commencement of the Contract Time.

Times Allowed for Completion
Contractual Completion Event
Completion Time
(# of calendar days from
Notice to Proceed date) or
Seasonal Dates
Substantial Completion 120
Final Completion 140
Milestones – Milestones are further defined in Section 01140, Work Restrictions and Section 00800, Supplementary Conditions.

4.4 Liquidated Damages. The City and Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the contract times specified in 4.3, Days to Achieve Contract Times. The actual fact of the occurrences of damages and the actual amount of the damages which City would suffer if the Work were not completed within the specified times set forth above are dependent upon many circumstances and conditions which could prevail in various combinations, and, from the nature of the case, it would be impracticable and extremely difficult to fix the actual damages.

Damages which City would suffer in the event of delay include loss of the use of the Project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, construction management, inspection, and supervision; the loss suffered by the public within the City’s constituent cities by reasons of the delay in the completion of the project to serve the public at the earliest possible time; and, costs associated with ongoing and extended permit compliance.

Accordingly, the City and the Contractor agree that as liquidated damages for delay, in accordance with California Government Code Section 53069.85, the Contractor will forfeit and pay to the City liquidated damages in the amounts set forth in the table below, per day for each and every calendar day that expires after the time for completion specified in the above section 4.3, Days to Achieve Contract Times, except as otherwise provided by extension of time pursuant to Section 00700-8.04, Time Extensions, of the General Conditions.

It is further understood and agreed in accordance with California Government Code Section 53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time this Contract was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor.

CONTRACTING REQUIREMENTS
May 2026 00510 - 6 City of Yuba City
Agreement Septage Hauling and Receiving Station
Damages for Delays
Milestone Contractual Completion Event
Dollars Per Day
Liquidated Damages
(Amount in Dollars)
Substantial Completion N/A
Final Completion $3,600
ARTICLE 5 - INSURANCE AND BONDS

5.1 Insurance. Contractor shall maintain in full force and effect at all times during the term of the Agreement, at its sole expense, policies of insurance in accordance with the General Conditions and the Supplementary Special Conditions. By execution of this Agreement, the Contractor certifies as follows:
“I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this contract.”

5.2 Faithfull Performance Bond and Payment Bond. The Contractor, simultaneously with the execution of the Agreement, will be required to furnish a Faithful Performance Bond to guarantee the Faithful Performance of the Contract equal to one hundred (100%) of the Total Contract Price set forth in Article 4 and a Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California equal to one hundred percent (100%) of the Total Contract Price set forth in Article

4. The bonds must be issued by a surety company admitted in California and with a current A.M. Best’s rating of no less than A-:VII or equivalent, unless otherwise approved by Agency.

Any alteration(s) made in any provision of this Agreement shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alteration(s) is hereby given, and any surety on said bonds hereby waives the provisions of Sections 2819 and 2845 of the California Civil Code.

Contractor must submit the following document with the bonds: The original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.

ARTICLE 6 - CITY’S REPRESENTATIVE(S) AND AUTHORITY’S CONSULTANTS

6.1 City’s Representative. The City has designated Leticia Villalobos, or his/her designee to act as City’s Representative. The City may change the individual(s) acting as City’s Representative(s), or delegate one or more specific functions to one or more specific City’s Representative at any time with notice and without liability to Contractor. Each City’s Representative is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities. All documents requiring the signature/approval of City shall be signed by the City’s Representative.

6.2 Design Engineer. The City has designated HERWIT Engineering to act as Design Engineer. The Design Engineer is included within and covered by Contractor’s release and indemnity obligations to the City.

6.3 Construction Manager. The City has designated Leticia Villalobos, to act as Construction Manager. The City may assign, upon mutual agreement, all or part of the City’s Representative’s duties, rights and responsibilities to the Construction Manager. The Construction Manager is the beneficiary of all Contractor obligations to the City, including without limitation, all releases and indemnities.

ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS

7.1 Representations and Warranties. In order to induce the City to enter into this Agreement, Contractor makes the following representations and warranties:

CONTRACTING REQUIREMENTS
May 2026 00510 - 7 City of Yuba City
Agreement Septage Hauling and Receiving Station
A. Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.

B. Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, record drawings, drawings, products specifications or reports, available for bidding purposes, of physical conditions, including Underground Facilities, which are identified in Section 00300, Supplemental Project Information Available to Bidders, or which may appear in the Contract Documents. Contractor further acknowledges and agrees that, in executing the Agreement, it is relying on its own observation of (1) the site of the Work, (2) access to the Site, (3) all other data and matters requisite to the fulfillment of the Work and on its own knowledge of existing facilities on and in the vicinity of the site of the Work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed Work, (6) the quality and quantity of the materials to be furnished, and (7) the requirements of the Contract, the plans, the specifications, and other related information made available to Contractor by the City.

C. Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents.

D. Contractor has given the City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and record drawings and actual conditions and the written resolution thereof (if any) through Addenda issued by the City is acceptable to Contractor.

E. Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California.

F. Contractor has duly authorized the execution, delivery and performance of this Agreement, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, agreement, order or decree binding on Contractor.

Contractor has listed the following
Subcontractors consistent with the
Subcontractor Listing Law, California Public
Contract Code §4100 et seq.:

Name of Subcontractor and
Address of Mill or Shop
Description of Subcontractor’s
Work
Subcontractor’s
License No.

CONTRACTING REQUIREMENTS
May 2026 00510 - 8 City of Yuba City
Agreement Septage Hauling and Receiving Station
ARTICLE 8 - LABOR CODE COMPLIANCE AND DAVIS-BACON WAGES

8.1 California Labor Code. Pursuant to the provisions of §1770 et seq. of the California Labor Code, which are hereby incorporated by reference and made a part hereof, the Director of the Department of Industrial Relations has determined the general prevailing rate of the per diem wages and the general prevailing rate for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification or type of worker needed to perform the Work. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at City office or may be downloaded from the State Department of Industrial Relations website, Division of Labor Statistics and Research, http://www.dir.ca.gov/dlsr/. The rate of prevailing wage for any craft, classification or type of workmanship to be employed in performing the Work is the rate established by the applicable collective bargaining contract which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate is adopted.

It shall be mandatory for the Contractor and all subcontractors to pay not less than such specified prevailing wage rates to all workers employed in the performance of the Work. If any worker engaged in the performance of the Work is paid less than the specified prevailing wage rate, the Contractor shall pay to each such worker the difference between the specified prevailing wage rate and the actual amount paid to such worker for each calendar day or portion thereof. In addition, Contractor shall comply with the provisions of California Labor Code §1775, including provisions which require Contractor to (a) forfeit as penalty to City not more than $200 for each calendar day or portion thereof for each worker (whether employed by Contractor or any Subcontractor) paid less than the applicable prevailing wage rates for any work done under this Contract in violation of the provisions of the California Labor Code, and (b) pay to each worker the difference between the prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which the worker was paid less than the prevailing wage.

The Contractor and each Subcontractor shall keep or cause to be kept an accurate record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week for all laborers, workers and mechanics employed in connection with the performance under the Contract Documents or any subcontract thereunder, and showing the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by City and its agents and to the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by the State of California, the Department of Industrial Relations, any Subcontractor, any worker or any other third party with regard thereto. Contractor shall be responsible to ensure compliance with section 1776. Failure to comply with that section may result in the California Labor Commissioner’s assessment of a penalty of $100 per day per affected worker.

The Contractor shall post, at each jobsite, a copy of such prevailing rate of per diem wages as determined by the Director for the California Department of Industrial Relations and all job site notices as prescribed by California Labor Code Section 1771.1.

Pursuant to California Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The successful Bidder and its subcontractors shall employ the appropriate number of apprentices, in each apprenticeable craft, on the project site as stipulated in California Labor Code sections 1777.5, 1777.6 and 1777.7. Failure to comply may result in the California Labor Commissioner’s assessment of a penalty of $100 for each day of noncompliance.

Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its Subcontractors certify that when the Bidder’s bid was submitted, the Bidder and its Subcontractors were registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions. Pursuant to California Labor Code Section 1771.1, by execution below, the Bidder and its

CONTRACTING REQUIREMENTS
May 2026 00510 - 9 City of Yuba City
Agreement Septage Hauling and Receiving Station
Subcontractors certify that they are registered and qualified to perform public work pursuant to Section 1725.5 of the California Labor Code, subject to limited legal exceptions.

8.2 Davis-Bacon Wages.- Not Used.

ARTICLE 9 - MISCELLANEOUS PROVISIONS

9.1 Assignment. Contractor shall not assign this Contract or any rights under or interests in the Contract without the City's written approval. No assignment will release or discharge the Contractor from any duty or responsibility under the Contract Documents.

9.2 Successors and Assigns; No Third-Party Beneficiaries. The provisions of this Agreement and the Contract Documents shall inure to the benefit of and shall apply to and bind the successors and permitted assigns of the Parties. Nothing contained in this Agreement, or the Contract Documents is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and permitted assigns, any rights or remedies hereunder.

9.3 Contractor Bankrupt. If Contractor should commence any proceeding under federal bankruptcy law, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Agreement and complete the Work by giving notice to Contractor and its surety according to the General Conditions.

The City shall have the right to complete, or cause completion of the Work, all as specified in the General Conditions.

9.4 Unfair Competition. The following provision is included in this Agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with §16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, with further acknowledgment by the parties."

9.5 Nondiscrimination and Equal Opportunity. The Contractor shall not discriminate on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement. Contractor shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any affirmative obligations required of Contractor thereby.

Contractor shall include the provisions of this Subsection in any subcontract.

9.6 No Waiver of Remedies. Neither the inspection by the City or its agents, nor any order or certificate for payment of money, nor any payment for, nor acceptance of the whole or any part of the Work by the City, nor any extensions of time, nor any positions taken by City or its agents shall operate as a waiver of any provision of this Agreement or the Contract Documents or of any power herein reserved to City or any right to damages herein provided, nor shall any waiver of any breach of this Agreement or of the Contract Documents be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement and in the Contract Documents shall be taken and construed as cumulative; that is, in addition

CONTRACTING REQUIREMENTS
May 2026 00510 - 10 City of Yuba City
Agreement Septage Hauling and Receiving Station
to each and every other remedy provided in this Agreement and/or the Contract Documents, and the City shall have any and all equitable and legal remedies, which it would in any case have.

9.7 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of Contra Costa, State of California, and governed by California law (excluding choice of law rules). By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

9.8 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement or the Contract Documents shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:

A. personal delivery, in which case notice is effective upon delivery; B. certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; C. nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; D. facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

Any written notice to Contractor shall be sent to:

Company Name
Company Address
Individual’s Name
Individual’s Email Address
Individual’s Direct Dial Phone #:

Individual’s Fax #
Any written notice to City shall be sent to:

Director of Public Works
City of Yuba City
1201 Civic Center Boulevard
Yuba City, CA, 95993

9.9 Execution in Counterparts. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

CONTRACTING REQUIREMENTS
May 2026 00510 - 11 City of Yuba City
Agreement Septage Hauling and Receiving Station
IN WITNESS WHEREOF, the parties hereto have signed the Agreement on the date set forth opposite their names.

CONTRACTOR
Under penalty of perjury, I certify that the taxpayer
identification number and all other information provided here are correct.

Date:

Federal I.D. #:

DIR Registration # State ID #
California Contractor’s License # & Classifications Expiration Date Signature Signature
Print Name Print Name
Title Title
Type of Business Entity (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____Other (please specify:________________)
If Contractor is an out-of-state corporation, Contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.

CITY OF YUBA CITY
a California Municipal Corporation
DATE: _____________ BY _________________________________ Robert Bondorf, City Manager
Original Approved As To Form: Attest:

Shannon L. Chaffin, City Attorney Ciara Wakefield, City Clerk Original Approved as to Form:
_____________________________
Joshua Wolffe, Director of Public Works

CONTRACTING REQUIREMENTS
May 2026 00510 - 12 City of Yuba City
Agreement Septage Hauling and Receiving Station

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00515 - 1 City of Yuba City
Certificate of Authorization – Corporation Septage Hauling and Receiving Station
SECTION 00515

CERTIFICATE OF AUTHORIZATION
(If Contractor is a Corporation)

STATE OF CALIFORNIA

COUNTY OF SUTTER
I HEREBY CERTIFY that at a meeting of the Board of Directors of the ____________________________, a corporation existing under the laws of the State of California, held on____________,20____, the following resolution duly passed and adopted:
“RESOLVED, that ____________________________, as_____________________________ President of the Corporation, be and is hereby authorized to execute the Agreement dated_______________, 20__, to the City of Yuba City and this Corporation and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate seal fixed, shall be the official act and deed of this Corporation." I further Certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Corporation this___________ day of____________, 20__.
(seal) _______________________________________
Secretary
_______________________________________
Corporate Officer
Company Address:
______________________________
______________________________
______________________________

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00515 - 2 City of Yuba City
Certificate of Authorization – Corporation Septage Hauling and Receiving Station
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CONTRACTING REQUIREMENTS
May 2026 00520 - 1 City of Yuba City
Certificate of Authorization – Partnership Septage Hauling and Receiving Station
SECTION 00520

CERTIFICATE OF AUTHORIZATION
(If Contractor is a Partnership)

STATE OF CALIFORNIA

COUNTY OF SUTTER
I HEREBY CERTIFY that at a meeting of the Partners of the ______________________________, a Partnering existing under the laws of the State of California, held on____________,20____, the following resolution duly passed and adopted:
“RESOLVED, that ______________________________, as__________________________________ of the Partnership, be and is hereby authorized to execute the Agreement dated_______________, 20__, to the City of Yuba City (“City”) and this Corporation and that his/her execution thereof, attested by the _____________, shall be the official act and deed of this Joint Venture." I further Certify that said resolution is now in full force and effect. _______________________________________
Managing Partner
Date: _____________
Company Address:
______________________________
______________________________
______________________________

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00520 - 2 City of Yuba City
Certificate of Authorization – Partnership Septage Hauling and Receiving Station
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CONTRACTING REQUIREMENTS
May 2026 00525 - 1 City of Yuba City
Certificate of Authorization – Joint Venture Septage Hauling and Receiving Station
SECTION 00525

CERTIFICATE OF AUTHORIZATION
(If Contractor is a Joint Venture)

STATE OF CALIFORNIA

COUNTY OF SUTTER
I HEREBY CERTIFY that at a meeting of the Principals of the ___________________________, a Joint Venture existing under the laws of the State of California, held on____________,20____, the following resolution duly passed and adopted:
“RESOLVED, that ____________________________________, as_____________________________ of the Joint Venture, be and is hereby authorized to execute the Agreement dated____________, 20__, to the City of Yuba City (“City”) and this Corporation and that his/her execution thereof, attested by the _____________, shall be the official act and deed of this Joint Venture." I further Certify that said resolution is now in full force and effect. _______________________________________
Managing Principal
Date: _____________
Joint Venture Address:
______________________________
______________________________
______________________________

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00525 - 2 City of Yuba City
Certificate of Authorization – Joint Venture Septage Hauling and Receiving Station
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CONTRACTING REQUIREMENTS
May 2026 00530 - 1 City of Yuba City
Certificate of Authorization – Limited Liability Company Septage Hauling and Receiving Station
SECTION 00530

CERTIFICATE OF AUTHORIZATION
(If Contractor is a Limited Liability Company (LLC))

STATE OF CALIFORNIA

COUNTY OF SUTTER
The undersigned, being (a/the) duly elected, qualified and active (member/manager) of __________________________________________________________, a California limited Liability Company (hereinafter “the Company”) does hereby certify that:

1. The Articles of Organization of the Company were duly filed with the Office of the Secretary of State of the State of California on __________________________, and the Articles of Organization have not been (further) amended.

2. There exists an Operating Agreement of the Company and that the said Operating Agreement has not been amended or repealed and that the said Operating Agreement remains in full force and effect as of this date.

3. Neither the Articles of Organization nor the Operating Agreement (as amended) require any further act to be taken or a meeting to be held by its members other that as follows:

4. All said requirements, whether as contained in the Articles of Organization or in the Operating Agreement or by operation of law as to the transaction of _______________, 20___ have been met.

5. The following person or persons has/have been duly authorized by the Company to execute the Agreement dated_______________, 20__, to the City of Yuba City (“City”) and this Company and that his/her execution of all documents in connection with said transaction and that the signature appearing to the right of their name(s) is his/her genuine signature.

NAME OFFICE HELD SIGNATURE

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00530 - 2 City of Yuba City
Certificate of Authorization – Limited Liability Company Septage Hauling and Receiving Station
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May 2026 00540 - 1 City of Yuba City
Performance Bond Septage Hauling and Receiving Station

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that, WHEREAS, the City Council of the City of Yuba City, CA (“Obligee or City”), Sutter County, State of California, has awarded to ____________________, hereinafter designated as the "Principal," a Contract, the terms and provisions of which Contract are incorporated herein by reference, for constructing the City of Yuba City, Septage Hauling and Receiving Station, Contract No. 25-04, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we the Principal, and ____________________________, as Surety, are held and firmly bound unto the City of Yuba City, CA, Sutter County, CA, in the penal sum of:
________________________________________ ($____________________), lawful money of the United States, being one hundred percent (100%) of the Contract amount, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above bounden Contractor, 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 and any alterations 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 true intent and meaning, and shall indemnify and save harmless the Agency, its directors, officers, employees and agents, as therein stipulated, 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 said Contract, the above obligation in above-stated amount shall hold good for a period of one (1) year after the recording of the notice of completion, during which time if the Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the Agency from loss or damage made evident during the period of one (1) year from the date of recording of the notice of completion, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in the above-stated amount shall remain in full force and effect.

However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. The Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the Agency and judgment is recovered, the Surety shall pay all costs incurred by the Agency in such suit, including, but not limited to, administrative and consultant costs, and reasonable attorneys' fees to be fixed by the Court.

May 2026 00540 - 2 City of Yuba City
Performance Bond Septage Hauling and Receiving Station
The address or addresses at which the principal and surety(ies) may be served with notices, papers and other documents under the California Bond and Undertaking Law (Code of Civil Procedure section 995.010 et seq.) is the following:

IN WITNESS THEREOF, the above bounded parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _____________________________________ Surety shall submit the following documents along with this Faithful Performance Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

Approved as to legal form: _________________________________________, City Attorney (NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)

END OF SECTION

May 2026 00550- 1 City of Yuba City
Payment Bond Septage Hauling and Receiving Station

CITY OF YUBA CITY

PUBLIC WORKS DEPARTMENT

PAYMENT BOND
(LABOR AND MATERIAL BOND)
KNOW ALL MEN BY THESE PRESENTS:

That we, ________________________, as Principal, and _________________________, as Surety, are held and firmly bound unto the City of Yuba, any and all persons named in California Civil Code Section 9100 as Claimants, whose claim has not been paid by the Contractor, in the aggregate total of ________________________________________ ($___________________) (being 100% of the Contract amount) for payment whereof, well and truly to be made, said Principal and Surety bond themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to the City of Yuba in an amount to be fixed by the court.

The condition of the foregoing obligation is such that, whereas the Principal has entered into a Contract dated _______________________, 2026, with the City of Yuba City, CA (“Owner”) to do the following work, to wit: City of Yuba City, Septage Hauling and Receiving Station, Contract No. 25-04.

NOW, THEREFORE, if the Principal or its/his/her subcontractors fail to pay i) any of the persons named in Section 9100 of the Civil Code of the State of California; ii) 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 from the wages of employees of the Principal or its/his/her subcontractor pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with respect to such work and labor; or iii) for any other work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery used in, upon, or about the performance of work to be done; then the Surety will pay for the same, in the amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court.

This bond shall inure to the benefit of any person named in Section 9100 of the Civil Code of the State of California so as to give a right of action to them or their assignees in suit brought upon this bond.

Moreover, if the Owner or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, the Contractor and Surety shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code Section 9550 to 9566, inclusive, and all amendments thereto. The Surety, for value received, hereby stipulates and agrees to waive the benefits of California Civil Code Sections 2819 and 2845. The Surety hereby waives notice of any change, alteration or addition to the Contract or to related subcontracts, purchase orders and other obligations, including but not limited to changes of time. The Surety consents to all terms of the Contract, including provisions on changes to the Contract Documents. No extension of time, Change Order, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Payment Bond or in any way affect the obligations of Surety on this Payment Bond.

Any proceeding, legal or equitable, under this Payment Bond shall be instituted in any court of competent jurisdiction in Sutter County, California.

May 2026 00550- 2 City of Yuba City
Payment Bond Septage Hauling and Receiving Station
IN WITNESS THEREOF, the parties have executed this instrument under their several seals this day of , the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Corp. Seal)
Principal:

Signature:

Name & Title:

Address:
(Corp. Seal)
Surety:

Signature:

Name & Title:

Address:

Attorney in Fact: _____________________________________ Surety shall submit the following documents along with this Faithful Performance Bond:

1. Verification that Surety is admitted to transact surety business in the State of California; and

2. Copy of Surety’s Certificate of Authority, issued by the Insurance Commissioner of the State of California, along with a statement that said Certificate has not been surrendered, revoked, cancelled, annulled or suspended.

Approved as to legal form: _________________________________________, City Attorney (NOTE: The date of this bond must not be prior to date of Contract. If Contractor is a partnership, all partners should execute bond.)

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00560 - 1 City of Yuba City
Contractor’s Certification Regarding Worker’s Compensation Septage Hauling and Receiving Station
SECTION 00560

CONTRACTORS CERTIFICATION REGARDING
WORKER’S COMPENSATION
Contract with the City of Yuba City for the construction of:

PROJECT TITLE: SEPTAGE HAULING AND RECEIVING STATION
PROJECT NO.: 25-04
Labor Code §3700:
"Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers, duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate on consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to employees." I am aware of the provisions of §3700 of the Labor Code that require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance. In accordance with the provisions of that code, I will comply with such provisions before commencing the performance of the Work of this Contract.

Contractor: _________________________________
By: _________________________________
Title: _________________________________
Dated: _________________________________
(Labor Code §1861 requires that this Contractor certification must be signed and filed by the Contractor with the public agency prior to performing any Work.)

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00560 - 2 City of Yuba City
Contractor’s Certification Regarding Worker’s Compensation Septage Hauling and Receiving Station
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CONTRACTING REQUIREMENTS
May 2026 00580 - 1 City of Yuba City
Sample Escrow Agreement Septage Hauling and Receiving Station SECTION 00580

SAMPLE ESCROW AGREEMENT
FOR

SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between: City of Yuba City whose address is 1201 Civic Center Boulevard, Yuba City, CA, 95993, hereinafter called "City", and ____________ whose address is ___________________________ hereinafter called "Contractor", and ____________ whose address is ____________________________ hereinafter called "Escrow Agent".

For the consideration hereinafter set forth, City, Contractor, and Escrow Agent agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction contract entered into between the City and Contractor for the Septage Hauling and Receiving Station, Project No. 25-04 in the amount of $_______________________________ dated __________________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the City shall make payment of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of ____________________________ and shall be designated the Contractor as the beneficial owner.

2. City shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.

3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. The City, Contractor, and Escrow Agent shall determine these expenses and payment terms.

5. The interest earned on the securities or money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. City shall have a right to draw upon the securities in the event of default by Contractor. Upon seven (7) days written notice to Escrow Agent from City of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by City.

8. Upon receipt of written notification from City certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of all fees and charges.

9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (5) through (8), inclusive, of this Escrow Agreement, and the City and the Contractor shall

CONTRACTING REQUIREMENTS
May 2026 00580 - 2 City of Yuba City
Sample Escrow Agreement Septage Hauling and Receiving Station hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of City, Contractor and Escrow Agent in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of City: On behalf of Contractor:
_________________________________ ______________________________ Signature Signature
_________________________________ ______________________________ Name Name
_________________________________ ______________________________ Title Title
_________________________________ ______________________________ Address Address
On behalf of Escrow Agent:
_________________________________
Signature
_________________________________
Name
_________________________________
Title
_________________________________
Address
At the time the Escrow Account is opened, City and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on _________________________________.

CITY: CONTRACTOR:
_________________________________ _____________________________ Signature Signature
_________________________________ _____________________________ Name Name
_________________________________ _____________________________ Title Title
_________________________________ _____________________________ Address Address

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00600 - 1 City of Yuba City
Notice to Proceed Septage Hauling and Receiving Station SECTION 00600

NOTICE TO PROCEED
Date
Contractor Name
Contractor address
City, State, Zip Code
Subject: Notice to Proceed – Septage Hauling and Receiving Station You are notified that the Contract Times under the above contract will commence to run on (date of first day of work). You are to start performing your obligations pursuant to the Contract Documents.

Before you may start any Work at the Site, you must:

1. Submit certified Safety Program as required by California Code of Regulations, Title 8, General Industry Safety Orders and other related regulatory requirements.

2. Submit copies of applicable permits (Example: Cal DOSH Annual Trench Excavation Permit).

Submit approved fire protection plan, if applicable.

3. Attend preconstruction conference.

This Notice is provided in duplicate original. Please acknowledge this Notice below and return one original to the City.

Sincerely,
______________________________
Joshua Wolffe,
Director of Public Works

ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by Contractor name, this ___________ day of ______________ 2026.

By: ______________________________
Signature
______________________________
Name and Title (printed)

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00600 - 2 City of Yuba City
Notice to Proceed Septage Hauling and Receiving Station (THIS PAGE LEFT BLANK INTENTIONALLY)

CONTRACTING REQUIREMENTS
May 2026 00680 - 1 City of Yuba City
Final Closeout Agreement and Release of Claims Septage Hauling and Receiving Station
SECTION 00680

FINAL CLOSEOUT AGREEMENT

AND RELEASE OF CLAIMS
THIS FINAL CLOSEOUT AGREEMENT AND RELEASE OF CLAIMS, hereinafter referred to as “Agreement and Release”, is made and effective this _________, _______ 20___ by and between the City of Yuba City, hereinafter referred to as "City or Owner"; and _____________________________________ hereinafter referred to as "Contractor'.

IT IS HEREBY ACKNOWLEDGED AND MUTUALLY AGREED BETWEEN THE OWNER AND CONTRACTOR AS FOLLOWS:

1. The Owner and Contractor entered into an Agreement (the "Principal Agreement") dated __________, 20__, whereby Contractor was to construct Project described as Septage Hauling and Receiving Station. Pursuant to the terms of said Agreement, the Owner was to pay Contractor the lump sum of Original Contract Amount here and to complete performance of said Agreement within a period of Original Number of Contract Days, to wit: Final Completion Date Here subject only to modification as set forth in written change orders between the parties.

2. The Owner and Contractor hereby agree that the Project has been completed by Contractor and this Agreement and Release sets forth all relevant facts pertaining to the respective rights and obligations of the parties for the termination of the Principal Agreement.

3. The Owner and Contractor agree the final adjusted Contract price, time of performance and balance payment due to Contractor for said Septage Hauling and Receiving Station is determined as follows:

Original Contract Amount
Original Contract Completion Times as defined in
Sections 00510 and 00800: $_______________
Project Substantial Completion _____________days
Project Final Completion _____________days
Final Contract Amount as adjusted by Change Orders No.
1 through No. __.

Final Contract Completion Times as adjusted by Change
Orders No. 1 through No. __: $_______________
Project Substantial Completion _____________days
Project Final Completion _____________days
Liquidated Damages assessed Contractor pursuant to
Contract Agreement and Supplementary General
Conditions as calculated below:

Show L.D. calculations here if applicable. $_______________ Total Payments made to Contractor to date $_______________ Balance due on Contract (including retention withheld) $_______________

CONTRACTING REQUIREMENTS
May 2026 00680 - 2 City of Yuba City
Final Closeout Agreement and Release of Claims Septage Hauling and Receiving Station

4. That subject to the provisions of this Agreement and Release, Owner will forthwith pay to Contractor the sum of $______________Dollars and___________ Cents ($______________) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with Owner as of the date of such payment. The retention amount held by the Owner will be released to Contractor at the expiration of the lien period plus five (5) days (for a total of thirty-five (35) calendar days after recording a Notice of Completion by the Owner in the office of the County Recorder).

As a condition precedent to such payment being due, the Contractor shall provide the Owner with unconditional waivers and releases upon final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code section 8138) and a conditional waiver and release upon final payment on behalf of the Contractor (per Civil Code section 8136), in a sum not greater than the amount due so as to enable Owner to make the payment. The amounts withheld by Owner pursuant to stop notices will be released in accordance with agreement of the parties, orders of a court, posting of stop notice release bonds, in compliance with statutory legal procedures, or upon presentation of stop notice releases. Notwithstanding the aforementioned mutual releases, nothing contained this Agreement and Release shall waive or alter the rights, privileges and powers of the Owner or the duties, liabilities and obligations of the Contractor and its surety under this Contract and/or California law, including in respect to Contractor’s Warranty nor with respect to other warranties made by Contractor; nor shall anything contained herein waive rights relating to claims by Owner pertaining to or arising from latent defects, indemnity, or negligent or intentional misrepresentations on the part of the Contractor. Upon acceptance of the Project by the Owner, and execution of this Agreement and Release, the Owner agrees to immediately file and record a Notice of Completion with the County Recorder in order to begin the running of the statutory lien period.

5. The Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against Owner arising from the Contract, except for the claims described in paragraph 6 below.

It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against the Owner, and all if its agents, employees, consultants, inspectors, representatives, assignees and transferees, except for the Disputed Claims set forth in paragraph 6 below.

6. The following claims submitted under Section 00700- Article 11, Protests, Disputes and Claims, are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release:

Claim No. Date Submitted Brief Description of Claim Amount of Claim

7. Consistent with California Public Contract Code §7100, Contractor hereby agrees that in consideration of the payment set forth in paragraph 3 above, Contractor hereby releases and forever discharges Owner, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the Work under the Contract

8. The Contractor agrees that Contractor shall immediately defend, indemnify and hold harmless Owner, any Owner's Representatives, Engineer, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all

CONTRACTING REQUIREMENTS
May 2026 00680 - 3 City of Yuba City
Final Closeout Agreement and Release of Claims Septage Hauling and Receiving Station
labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims set forth in paragraph 6 above.

9. That Contractor hereby waives the provisions of California Civil Code §1542, which provide as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

10. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall, be enforceable.

11. The Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that it has full: right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release.

12. All rights of Owner shall survive completion of the Work or termination of the Contract, and execution of this Agreement and Release.

The undersigned acknowledge and represent that they have read this Agreement and Release in full and understand and voluntarily consent and agree to each and every provision contained herein. The undersigned further declare and represent that no promise, inducement or agreement, not herein expressed, has been made to the undersigned and that this Agreement and Release contains the entire agreement among the parties hereto and the terms of this Agreement and Release are contractual. The persons executing this Agreement and Release represents and warrants to the other party that the execution and performance of the terms of this Agreement and Release have been duly authorized by all requisite corporate, partnership, individual, or other entity requirements and that said persons have the rights, power and legal capacity and authority to execute and enter into this Agreement and Release.

IN WITNESS WHEREOF, Owner and Contractor have caused this Agreement and Release to be executed the day and year first above written.

Owner
City of Yuba City
A Public Entity
By:___________________________________
___________________________________
Name
___________________________________
Title

CONTRACTING REQUIREMENTS
May 2026 00680 - 4 City of Yuba City
Final Closeout Agreement and Release of Claims Septage Hauling and Receiving Station
ATTEST:

By:______________________________
___________________________________
Name
___________________________________
Title
________________________________ _____________________________ CONTRACTOR’S NAME STATE OF CALIFORNIA
CONTRACTOR’S LICENSE NO.
and CLASSIFICATION
By______________________________ ____________________________ (Authorized Signature) LICENSE EXPIRATION DATE
___________________________________
Name
________________________________ _____________________________ Title TYPE OF ORGANIZATION
ATTEST: ____________________________

STATE OF INCORPORATION
By______________________________
___________________________________ (SEAL)
NAME
___________________________________
TITLE
(If Corporation, must be attested by Corp Secretary)

END OF SECTION

CONTRACTING REQUIREMENTS
May 2026 00700 - i City of Yuba City
General Conditions Septage Hauling and Receiving Station SECTION 00700

GENERAL CONDITIONS

TABLE OF CONTENTS
ARTICLE 1 - GENERAL PROVISIONS .......................................................................................................1

1.01 ABBREVIATIONS................................................................................................................1

1.02 DEFINITION OF WORDS AND TERMS: ............................................................................1

1.03 CONTRACT DOCUMENTS- REPRESENTATIONS, CORRELATION AND INTENT......10

1.04 INTERPRETATION OF THE CONTRACT DOCUMENTS................................................12

1.05 ORDER OF PRECEDENCE OF THE CONTRACT DOCUMENTS..................................12

1.06 ADDITIONAL DETAILED INSTRUCTIONS ......................................................................13

1.07 RIGHTS AND REMEDIES.................................................................................................13 ARTICLE 2 - CONTRACT ADMINISTRATION..........................................................................................14

2.01 ADMINISTRATION OF THE CONTRACT ........................................................................14

2.02 CITY’S REPRESENTATIVE..............................................................................................14

2.03 CONSTRUCTION MANAGER ..........................................................................................14

2.04 DESIGN ENGINEER .........................................................................................................16 ARTICLE 3 - CITY ......................................................................................................................................17

3.01 GENERAL..........................................................................................................................17

3.02 ATTENTION TO WORK....................................................................................................17

3.03 OBSERVATION AND INSPECTION.................................................................................17

3.04 CITY’S RIGHT TO USE OR OCCUPY..............................................................................17

3.05 CITY’S RIGHT TO CARRY OUT THE WORK ..................................................................17

3.06 CITY’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS.....18

3.07 CITY ACCESS TO WORK AREAS ...................................................................................18

3.08 CITY-ACQUIRED PERMITS .............................................................................................18

3.09 CITY-ACQUIRED EASEMENTS.......................................................................................18

3.10 NON-RESPONSIBILITY OF THE CITY ............................................................................19 ARTICLE 4 - CONTRACTOR.....................................................................................................................20

4.01 GENERAL RESPONSIBILITIES .......................................................................................20

4.02 STATUS OF CONTRACTOR, SUBCONTRACTORS AND SUPPLIERS.........................21

4.03 CONTRACTOR REPRESENTATIVE................................................................................21

4.04 WORKPLACE ENVIRONMENT........................................................................................22

4.05 COMPLIANCE WITH LAWS .............................................................................................22

4.06 COMPLIANCE WITH ENVIRONMENT LAWS..................................................................28

4.07 AUDITS AND ACCESS TO RECORDS............................................................................28

4.08 USE AND PROTECTION OF CITY’S SITE AND ADJACENT PROPERTY.....................29

4.09 FEES AND PERMITS........................................................................................................30

4.10 PROVISIONS FOR HANDLING EMERGENCIES ............................................................30

4.11 STANDARD AND NONSTANDARD WORKING HOURS ................................................30 ARTICLE 5 - SUBCONTRACTORS...........................................................................................................32

5.01 SUBLETTING AND SUBCONTRACTING ........................................................................32

5.02 SUBCONTRACTOR’S CONTRACTUAL OBLIGATIONS.................................................32

5.03 CONTROL OF SUBCONTRACTORS...............................................................................33 ARTICLE 6 - CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS....................................34

6.01 CITY’S RIGHT TO PERFORM CONSTRUCTION AND AWARD SEPARATE CONTRACTS ...........................................................................................................................................34

6.02 COOPERATION WITH CITY’S FORCES AND OTHER CONTRACTORS EMPLOYED BY CITY...................................................................................................................................34

6.03 MUTUAL RESPONSIBILITY .............................................................................................34

6.04 CITY’S RIGHT TO CLEAN UP..........................................................................................34

CONTRACTING REQUIREMENTS
May 2026 00700 - ii City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 7 - CONTROL OF THE WORK AND MATERIALS...................................................................35

7.01 MEANS, METHODS AND APPLIANCES .........................................................................35

7.02 CONTRACTOR’S RESPONSIBILITY FOR WORK ..........................................................35

7.03 SUPPLY OF SUFFICIENT WORKERS ............................................................................35

7.04 MATERIALS AND WORKMANSHIP.................................................................................36

7.05 USE OF MATERIALS FOUND ON THE PROJECT SITE ................................................36

7.06 EXISTING UTILITIES........................................................................................................37 ARTICLE 8 - PROGRESS OF THE WORK AND TIME.............................................................................39

8.01 COMMENCEMENT OF THE WORK ................................................................................39

8.02 CONTRACT TIME .............................................................................................................39

8.03 DELAYS.............................................................................................................................39

8.04 TIME EXTENSIONS..........................................................................................................40

8.05 INDIRECT OVERHEAD ....................................................................................................41

8.06 LIQUIDATED DAMAGES FOR FAILURE TO MEET COMPLETION DATES..................42

8.07 LIQUIDATED DAMAGES FOR PUBLIC HARDSHIP, NEGATIVE IMPACT, AND DAMAGE TO EXISTING UTILITY MAINS.........................................................................................42

8.08 ACCELERATION OF WORK ............................................................................................43

8.09 SUSPENSION OF WORK.................................................................................................44

8.10 CITY’S RIGHT TO TERMINATE CONTRACT ..................................................................44

8.11 CONTRACTOR’S RIGHT TO TERMINATE......................................................................47 ARTICLE 9 - CHANGES IN THE WORK ...................................................................................................48

9.01 GENERAL..........................................................................................................................48

9.02 CONTRACT MODIFICATION PROCEDURES AND TIMELINES....................................49

9.03 COST DETERMINATION..................................................................................................53

9.04 INCREASED OR DECREASED QUANTITIES.................................................................55

9.05 COST PRICING DATA AND ACCESS TO RECORDS ....................................................57

9.06 TIME EXTENSIONS FOR CHANGE ORDERS ................................................................58

9.07 CONTRACTOR’S ACCEPTANCE OF CHANGE ORDERS .............................................58

9.08 CONSTRUCTION COST REDUCTION INCENTIVE (VALUE ENGINEERING PROPOSAL) ...........................................................................................................................................58 ARTICLE 10 - PAYMENTS ........................................................................................................................61

10.01 BASIS OF PAYMENT........................................................................................................61

10.02 PARTIAL PAYMENTS.......................................................................................................61

10.03 PARTIAL PAYMENTS- INCLUSION OF MATERIALS ON HAND....................................63

10.04 RIGHT TO WITHHOLD AMOUNTS ..................................................................................64

10.05 STOP NOTICES................................................................................................................64

10.06 SECURITY SUBSTITUTION FOR RETENTION ..............................................................64

10.07 WARRANTY OF TITLE .....................................................................................................65

10.08 SUBSTANTIAL COMPLETION .........................................................................................66

10.09 FINAL INSPECTION AND PAYMENT ..............................................................................66 ARTICLE 11 - PROTESTS, DISPUTES AND CLAIMS .............................................................................68

11.01 PROTESTS .......................................................................................................................68

11.02 DISPUTES.........................................................................................................................68

11.03 NOTICE OF POTENTIAL CLAIM......................................................................................69

11.04 CONTEMPORANEOUS DOCUMENTATION ...................................................................69

11.05 CLAIMS .............................................................................................................................69

11.06 PROCESSING OF CLAIMS ..............................................................................................71

11.07 UNSUCCESSFUL NEGOTIATIONS.................................................................................74 ARTICLE 12 - PROTECTION OF PERSONS AND PROPERTY ..............................................................75

12.01 SAFETY PROVISIONS .....................................................................................................75

12.02 PUBLIC ACCESS, SAFETY AND CONVENIENCE..........................................................80

12.03 PROTECTION AND RESTORATION OF PROPERTY ....................................................81

12.04 PRESERVATION OF CULTURAL RESOURCES ............................................................82

CONTRACTING REQUIREMENTS
May 2026 00700 - iii City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 13 - INSURANCE AND INDEMNIFICATION.............................................................................84

13.01 INSURANCE......................................................................................................................84

13.02 GENERAL INDEMNIFICATION OBLIGATIONS...............................................................89

13.03 HAZARDOUS SUBSTANCE INDEMNIFICATIONS OBLIGATIONS................................91 ARTICLE 14 - UNCOVERING AND CORRECTION WORK .....................................................................92

14.01 GENERAL..........................................................................................................................92

14.02 CORRECTION OF WORK AND CORRECTIVE ACTION PLANS ...................................92

14.03 ACCEPTANCE OF NONCONFORMING WORK..............................................................93 ARTICLE 15 - FINAL COMPLETION AND ACCEPTANCE......................................................................94

15.01 USE BEFORE ACCEPTANCE..........................................................................................94

15.02 CONTRACTOR’S RESPONSIBILITY TO MANAGE INCOMPLETE AND DEFICIENT WORK ...........................................................................................................................................94

15.03 COMPLETION OF INTERMEDIATE MILESTONES.........................................................94

15.04 PRELIMINARY FINAL INSPECTION FOR INTERMEDIATE MILESTONE(S) ................95

15.05 FINAL INSPECTION FOR INTERMEDIATE MILESTONE(S) ..........................................95

15.06 COMPLETION OF FINAL PROJECT MILESTONE..........................................................95

15.07 RECOMMENDATION FOR ACCEPTANCE BY THE CITY ENGINEER ..........................96

15.08 ACCEPTANCE OF THE WORK........................................................................................96

15.09 FINAL PAYMENT – SEE ARTICLE 10.09- FINAL INSPECTION AND PAYMENT..........96

15.10 CONTRACTOR’S DUTIES AND RESPONSIBILITIES AFTER ACCEPTANCE ..............96

15.11 RETENTION PROCEEDS, WITHHOLDING AND DISBURSEMENT ..............................96

15.12 WARRANTY & GUARANTEES.........................................................................................97 ARTICLE 16 - MISCELLANEOUS PROVISIONS......................................................................................99

16.01 CONTRACTOR’S USE OF COMPUTER SOFTWARE ....................................................99

16.02 RIGHTS IN LAND AND IMPROVEMENTS.......................................................................99

CONTRACTING REQUIREMENTS
May 2026 00700 - iv City of Yuba City
General Conditions Septage Hauling and Receiving Station (THIS PAGE LEFT BLANK INTENTIONALLY)

CONTRACTING REQUIREMENTS
May 2026 00700 - 1 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 1 - GENERAL PROVISIONS

1.01 ABBREVIATIONS
A. References in the General Conditions are sometimes referred to only by corresponding abbreviation.

Not all abbreviations are listed and not all listed abbreviations are used. Unless otherwise specifically defined in the General Conditions, when the following abbreviations are used, the intent and meaning will be interpreted as follows:

1. CM – Construction Manager.

2. DE- Design Engineer.

3. LDs – Liquidated Damages.

4. NTP – Notice to Proceed.

5. QC – Quality Control.

6. RFI – Request for Interpretation.

7. SOV – Schedule of Values.

1.02 DEFINITION OF WORDS AND TERMS:

A. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine and feminine of the words and terms. For the sake of convenience, the masculine/feminine pronoun may be used to designate who performs the work and for other purposes and, in all case, applies equally to all persons.

B. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by the City, Construction Manager or Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of the City, Construction Manager or Engineer as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to City, Construction Manager or Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority contrary to the provisions of the Contract Documents.

C. Wherever in the Contract Documents, the following terms, or pronouns in place of them are used, the intent and meaning will be interpreted as follows:

1. Acceptance, Final Acceptance - The formal acceptance by the City Council, or as delegated by the City Council, of the Completion of the entire Work of the Contract, which to City’s knowledge has been performed in accordance with the requirements of the Contract Documents and all Approved modifications thereof.

2. Acts of God - "Acts of God" shall include only the following occurrences or conditions and effects:
earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves

3. Addendum - A written change to the Contract Documents issued before the time fixed for the opening of Bids.

4. Agreement - The written and signed document known as Section 00510, Agreement. (Sometimes also referred to as Contract Agreement or Contract.).

5. Allowance - “Allowance” shall mean an amount of money set aside under the Contract for a special purpose identified and defined in the Contract Documents.

6. Alternative - Refer to Approved Equal and Substitution.

7. Applicable Laws - All laws, codes, ordinances, rules and regulations of governmental authorities having jurisdiction over the Site and/or the Work.

CONTRACTING REQUIREMENTS
May 2026 00700 - 2 City of Yuba City
General Conditions Septage Hauling and Receiving Station

8. Application for Payment - The form acceptable to City’s Representative which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

9. Approved, Directed, Ordered, or Required - Whenever these words or their derivatives are used, it is the intent, unless otherwise clearly stated, that written approval, acceptance, or direction by the City’s Representative or City’s Project Manager is required.

10. Asbestos - Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

11. As-Built Documents - A set of the Contract Documents including Drawings and Specifications updated on a continuous basis to indicate conditions encountered and the final configuration of a Project as it was constructed. May also be referred to as Project Record Documents. As-Built Documents must include all Addenda, Changes, Additional Detailed Instructions or other clarifications to the Contract Documents and dimensional information showing the actual locations of Installed components of the Work.

12. Award Date - Date of action taken by the City Council accepting Contractor’s Bid and authorizing its designee to execute the Agreement. (Sometimes also referred to as Award.)

13. Bid Alternate – Additive and/or deductive Bid items identified as such on the Bid Form.

14. Bid - The offer of a Bidder to perform the Work pursuant to a completed prescribed Bid Form, properly executed and guaranteed, and timely submitted.

15. Bidder - Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work contemplated, acting directly or through a duly authorized representative.

16. Bid Forms - The approved bid forms upon which City requires a formal Bid be prepared and submitted for the Work.

17. Bidder’s Security - The cash, cashier’s check, certified check, or Bidder’s bond accompanying the Bid submitted by the Bidder as a guaranty that the Bidder will enter into a Contract with City for the performance of the Work of the Contract is awarded to the Bidder.

18. Business Day - “Business Day” means any day when the office of the of the City is open for business.

19. Caltrans- The California Department of Transportation.

20. Change Order - A document, which is signed as recommended by the Construction Manager, accepted by the Contractor, and accepted by an authorized representative of the City, which authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement.

21. City - City means the City of Yuba City, in the State of California.

22. City’s Representative - The person named in Section 00510, Agreement, whose authority includes but is not limited to the authority to approve Addenda, Change Orders, Payment Requests, Milestone and Project Completion dates(s).

23. Claim - A separate unresolved Dispute by the Contractor for: (A) a Contract Time extension, (B) payment of money or damages arising from Work done by, or on behalf of, the Contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

24. Clarification Letter - A Clarification Letter is issued by the Construction Manager to address the clarification of Contract issues raised by the Construction Manager, Design Engineer, or City.

25. Completion - Acceptance of the Work.

26. Construction Manager (CM) - A consultant firm or such other individual or entity designated, in writing, by the City to act as its representative at the construction Site and to perform administrative functions relating to this Contract. The Construction Manager may also furnish inspection services as provided by the Contract. All contact by the Contractor with the City shall be through the Construction Manager.

CONTRACTING REQUIREMENTS
May 2026 00700 - 3 City of Yuba City
General Conditions Septage Hauling and Receiving Station

27. Consultants - Architects, Engineers, Construction Managers and other professionals engaged to provide the City with professional services for the Project.

28. Contract - The written Agreement on the City’s form encompassing the performance of the Work and the furnishing of labor, materials, tools, and equipment in the construction of the Work.

Synonymous with “Agreement”, and “Contract Agreement”.

29. Contract Bonds - The Performance Bond and the Payment Bond for Public Works.

30. Contract Documents - The words “Contract Documents” shall mean any or all of the items listed in Section 00510, Agreement, Article 2, Contract Documents.

31. Contract Price (also referred to as Contract Amount or Contract Sum) - The Contract Price is stated in the Agreement and, including authorized adjustments by Change Order, is the total amount payable by City to the Contractor for performance of the Work pursuant to the Contract Documents.

32. Contract Time(s) - Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, identified in the Contract Documents for Completion of the Work or a designated portion of the Work.

33. Contractor - The individual, partnership, corporation or limited liability company who enters into the Contract for the performance of the Work. The term "Contractor" means the Contractor or his authorized representative. The term "Contractor" also may include subcontractors, sub-tier subcontractors, consultants, equipment and material suppliers, and their employees. Sometimes also referred to as “Prime Contractor” or “General Contractor”)

34. Contractor’s Authorized Representative – The Contractor’s authorized representative(s) who has the authority to represent and act for Contractor.

35. Contractor’s Plant and Equipment - The equipment, material, supplies and all other items, except labor, brought onto the Site by the Contractor to carry out the Work, but not to be incorporated in the Work.

36. Controlling Operation- A Controlling Operation means an item of the Work on the Project’s critical path whose duration time directly affects the date that the entire Work can be completed.

37. Coordination Drawings - Contractor prepared drawings submitted by Contractor to City to demonstrate the coordination of methods, materials, equipment, plans, or sequence the Contractor proposes to use when limited space is available for installation of different components, coordination is required for installation of Products and materials Fabricated by separate entities, or the relationship of components is shown on separate Shop Drawings or Submittals.

Coordination Drawings are not considered Contract Documents.

38. Corrective Work Item List - List of incomplete items of work, incomplete administrative requirements and items of work which are not in conformance with the Contract, prepared by the Construction Manager and issued to the Contractor as an attachment to the response to the Contractor’s notification of Substantial Completion.

39. Cost Proposal - A proposed cost made by the Contractor to the City to add, delete or change the Work based on a City Request for Proposal (RFP).

40. County – The County of Sutter, a political subdivision of the State of California.

41. Critical Path - The path(s) of activities on the current updated version of the Official Progress Schedule without any Total Float Time.; all references in the Contract Documents to the Critical Path mean the longest path of dependent activities within the current updated version of the Official Progress Schedule that determine when the Work of a Milestone or the entire Work of the Project will be complete. A Critical Path Method (CPM) schedule is in the form of precedents, networks, and time sequences.

42. Critical Supply Shortage -- An unusual shortage in materials that is (a) supported by documented proof that Contractor made every effort to obtain such materials from all available sources; (b) such shortage is due to the fact that such materials are not physically available from single or multiple sources or could have been obtained only at exorbitant prices entirely inconsistent with current and standard rates taking into account the quantities involved and the usual industry practices in obtaining such quantities; and (c) such shortages and the difficulties in obtaining

CONTRACTING REQUIREMENTS
May 2026 00700 - 4 City of Yuba City
General Conditions Septage Hauling and Receiving Station alternate sources of materials could not have been known or anticipated by Contractor at the time it submitted its bid or entered the Contract. Market fluctuations in prices of materials, whether or not resulting from a Force Majeure Event, does not constitute a Critical Supply Shortage.

43. Date of Acceptance - The date that the Notice of Completion is filed by the City.

44. Day(s) - The word "Days" shall mean calendar days, including legal holidays, Saturdays and Sundays, unless specifically designated otherwise. The day shall be 24 hours measured from midnight to the next midnight.

45. Defective - The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
does not conform to the Contract Documents, or
does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or
has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by City at Substantial Completion in accordance with the Contract Documents).

46. Demobilization –Demobilization includes: movement off the Project Site, upon completion of the Work, of personnel, equipment, temporary offices, buildings and other facilities, supplies and incidentals; and submission of final Project submittals.

47. Design Engineer - The engineer, architect or specialty design consultant designated by the City to have design control over the Work or a specified portion of the Work, acting either directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them. The Design Engineer may also furnish inspection services as provided by the Contract. The Design Engineer may be also be referred to as “Engineer” if the definition is used in a Design Engineer role and capacity.

48. Direct - Action of the City or Construction Manager by which the Contractor is ordered to perform or refrain from performing work under the Contract.

49. Director - The definition contained in Section 1-1.15, "Director," of the Standard Specifications is hereby deleted and replaced with the following: the City Council or members thereof.

50. Dispute - A written disagreement submitted by the Contractor seeking adjustment of Contract terms, payment of money, extension of Contract Time or other relief with respect to the terms of the Contract. A Dispute is not a Claim.

51. Drawings - The graphic and pictorial portions of the Contract Documents, illustrating the design, character, location, and dimensions of the Work to be performed, generally including but not limited to, elevations, sections, details, schedules, General Notes, specific notes, and diagrams.

Synonymous with “Contract Drawings” and “Plans”.

52. Easements - A recorded document in which the land owner gives the City permanent rights to construct and maintain water mains, sanitary sewers, storm drains and/or facilities across private property.

53. Emergency – A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

54. Engineer - The Engineer shall mean the City’s Director of Public Works and Development Services and other City Representative(s) who have been duly authorized to exercise control and supervision of the Work. Engineer may also be referred to as “City Engineer”.

55. Equipment (Construction) - All machinery and equipment, together with the necessary supplies for upkeep and maintenance, including tools and apparatus necessary for the proper construction and acceptable completion of the Work contemplated. (Installation) - All material or articles used in equipping a facility or apparatus required to fulfill a functional design.

56. Execution - Field or Site performance, workmanship, installation, erection, application, field fabrication, quality control, and protection of installed products on the Site.

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57. Extra Work - New or unforeseen work, or added work of a different character or function and for which no basis for payment is prescribed in the Contract Documents; or that involves revisions of the details of the Work in such a manner as to render inequitable payment under items upon which the Contractor bid in its bid; or that work to be done under “stipulated prices” as given in the Bid Schedule of Prices.

58. Fabricated - Specifically assembled or made out of selected materials to meet Project specific design requirements.

59. Field Directive - A Field Directive (FD) is used for providing written direction to the Contractor to perform work which: a) directs the Contractor to proceed with work that the Construction Manager has not recognized as extra work, b) directs the Contractor to proceed with work that the Construction Manager has determined is extra work but costs have not been determined or are difficult to determine by the Construction Manager. Also referred to as a “Directive”.

60. Field Order - A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis or a lump sum cost agreed to between City and Contractor.

61. Final Acceptance - Action taken by the City Council, or as delegated by the City Council, accepting the Work as fully completed.

62. Final Completion - The date when the Work is 100% complete, including completion and acceptance of all punch list corrections, as certified by the Construction Manager.

63. Final Inspection List - List of materials, equipment, workmanship, or administrative requirements which are not in conformance with the Contract. The list shall be prepared by the Construction Manager and submitted to the Contractor following the Contractor’s notice of completion of the Work, including all items on the Punch List.

64. Force Account - The method of performing Work by or on behalf of Contractor on a time, materials and equipment basis.

65. Force Majeure Event- An event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the Site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); (4) pandemics, epidemics or quarantine restrictions; (5) strikes and other organized labor action occurring at the Site and the effects thereof on the Work, only to the extent such strikes and other organized labor action are beyond the control of Contractor and its Subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (6) a Critical Supply Shortage. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

66. Furnish - The word “furnish” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

67. General Conditions - Sections 00700, General Conditions, and 00800, Supplementary General Conditions, which form the part of the Contract Documents setting forth legal and contractual instructions to the Contractor and general clauses that establish how the Project is to be administered.

68. General Requirements - Division 1, GENERAL REQUIREMENTS, which forms the part of the Contract Documents establishing special conditions or requirements peculiar to the Work and supplementary to the General Conditions.

69. Governing Body - The City of Yuba City, City Council.

70. Governmental Agencies - Whenever, in the Contract Documents, reference is made to any governmental agency or officer, such reference will be deemed made to any agency or officer acting in accordance with law to the power, duties, jurisdiction, and authority of the agency or officer mentioned.

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71. Guarantee - A promise or assurance given by one party to a second party that a third party's obligations will be fulfilled (i.e., Contractor agrees to guaranty the Work performed by one of its Subcontractors to the City). (Also sometimes referred to as Warranty/Guarantee)

72. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time, or any other material with Hazardous Waste requirements.

73. Herein - Refers to information presented in the Contract Documents.

74. Hold Harmless - Agreement by one (1) party to indemnify and defend a second party when the second party is sued by a third party as a result of the first party’s actions or inactions.

75. Holidays - Legal holidays shall include the following holidays designated by the City: January 1- New Year’s Day, Third Monday in January- Martin Luther King Jr. Day, Third Monday in FebruaryPresident's Day, Last Monday in May- Memorial Day, July 4- Independence Day, First Monday in September- Labor Day, November 11- Veterans Day, Thanksgiving Day, the day after Thanksgiving and December 24 & 25.

76. Incomplete Work - Work required by the Contract Documents that is not yet installed.

77. Inspector – Inspector shall mean an engineering or construction inspector acting within the authorized scope of the particular duties and authority delegated to such inspector by the City.

Inspector may include the person(s), firm(s), or agency(ies) employed by the City to perform inspection during construction of the Work, under the direction of the Construction Manager. It shall also mean any representative of the City who will perform inspections of the Work for code compliance and quality assurance reporting in addition to those inspections performed by the Engineer. Said inspector may be the Construction Manager or may be another representative of the City.

78. Install - The word “install” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment, complete and ready for intended use. Synonymous with “Provide” for the purposes of this Contract.

79. Laboratory - Any laboratory authorized or accepted by City to test materials and Work involved in the Contract.

80. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

81. Liens - Charges, security interests, or encumbrances upon Project funds, real property or personal property.

82. Liquidated Damages - The amount prescribed in the Contract Documents to be paid to City or to be deducted from any payments due or to become due Contractor for each Day’s delay in completing the whole or any specified portion of the Work, beyond the time(s) allowed in the Contract Documents plus approved time extensions, or as otherwise used in provisions for liquidated damages for public hardship.

83. May - “May,” wherever or in whatever manner used, refers to permissive actions.

84. Milestone - A specific portion of the Work identified in the Contract Documents as a Milestone.

85. Milestone Completion - The date determined by the City when the Work of a Milestone is complete. Milestone Completion does not constitute Acceptance but does establish the completion date of the Milestone for the purpose of assessment of Liquidated Damages, if any, associated with the Milestone.

86. Milestone Duration - The time allowed in the Contract Documents, plus approved time extensions, for completion of the work of a Milestone.

87. Must - See definition of "Shall".

88. Named Products - Products identified in the Contract Documents by Manufacturer's product name. Named Products may include Manufacturer’s make or model number or other designation.

89. Notice Inviting Bids - The Section inviting sealed Bids for the Work. See Section 00100, Notice Inviting Bids.

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90. Notice of Award - The document from the City notifying Contractor that the City Council accepted Contractor’s Bid and authorized the General Manager to execute the Agreement.

91. Notice of Completion - A document executed by the City, as authorized by the City Engineer and filed with the County Recorder, signifying that the Contract has been Completed and Accepted.

92. Notice to Proceed - The written notice issued by City’s Representative to Contractor whereby the Contractor is notified of the official construction Contract start date and is authorized to proceed with the Work. See Section 00600, Notice to Proceed. Unless otherwise specified in the Contract Documents or Directed by written Order of City’s Representative, the Contractor must begin Work within fourteen (14) Days following the start date for the Work as stated in the Notice to Proceed.

93. Operational Acceptance - Written notice by the Construction Manager accepting the Work, or portions of the Work, as operationally complete. Used for the purpose of placing equipment or facilities in service before all of the Contract Work is completed, thus affording the City beneficial use of the equipment or facilities

94. Paragraph - For reference or citation purposes, a paragraph shall refer to the paragraph, or paragraphs, called out by paragraph number and alphanumeric designator.

95. Party - The City or the Contractor individually, and "Parties" shall mean the City and the Contractor collectively.

96. Perform - Refer to “Provide.”

97. Person - The term, person, includes firms, companies, corporations, partnerships, and joint ventures.

98. Plans - See Drawings

99. Prejudiced - As used herein, the term “Prejudiced” shall include, but is not limited to, material interference with the City's timely consideration of action to prevent increases in the cost or time required to perform the Work, ability to monitor the Contractor’s increased costs resulting from the situation, to timely marshal facts, and to timely plan its affairs. 100. Products - Materials, equipment, systems, shop fabrications, mixtures, and source controls. 101. Progress Schedule - A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.
102. Project – The total construction of which the Work to be provided under the Contract Documents, may be the whole, or a part thereof as indicated elsewhere in the Contract. 103. Product Data - Illustrations, Manufacturer’s literature, standard schedules, performance charts, instructions, brochures, diagrams and other information submitted by the Contractor to illustrate materials or equipment for some portion of the Work. Product Data are not considered Contract Documents.
104. Punch List – “Minor” Work that remains to be completed before the City’s Representative will issue a Milestone Completion Letter. Punch List work includes minor architectural cosmetic work to correct minor flaws or deficiencies related to painting, trim, ceiling tile, joinery work or other architectural features; minor adjustments to door hardware; minor cleaning to include scuff marks and small stains; correction of minor mechanical or electrical deficiencies such as tightening of plumbing fixtures and connections, affixing electrical cover plates, minor adjustments to HVAC controls and settings; minor corrections to landscaping; etc. Punch List does not include “Major” Work that would prevent City from occupying and using the facility for its intended use. 105. Quality - Conformance to the requirements established by the Contract Documents 106. Quality Control (QC) - The Contractor's system in place during execution of the Work, to manage and control its own, and its Supplier's and Subcontractor's activities to comply with the requirements of the Contract Documents.
107. Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the contract documents. These refer to the current edition of amendments in effect at the date of Section 00100, Notice Inviting Bids, unless specifically referred to by edition, volume or date.

CONTRACTING REQUIREMENTS
May 2026 00700 - 8 City of Yuba City
General Conditions Septage Hauling and Receiving Station 108. RFI or Request for Interpretation/Information - A written request by the Contractor for information or clarification regarding the requirements of the Contract Documents.

RFI’s are not to be used in place of a Substitution.

RFI’s are not to be used in lieu of a Corrective Action Plan, described in Article 14 of this Section.

Requests for Information must be numbered sequentially and presented in a format furnished by, or acceptable to, the City’s Representative. The City’s response to an RFI does not change the requirements of the Contract Documents, Contract Time, or Contract Sum. 109. RFP or Request for Proposal - A request for a proposed cost made to the Contractor by the City to add, delete or change the Work. RFP’s shall not be deemed to be directions to proceed with any addition, deletion or change to the Work. RFP’s may also be referred to as “Request for Quotation”.
110. Retention - A defined percentage of the Contract Sum held by the City pending Completion of the Work, or any portion of the Work.
111. Salvage - All items specified to be salvaged shall be carefully removed so as not to damage the item, and neatly stockpiled at the construction Site by the Contractor. The exact location to stockpile items shall be determined by the Construction Manager. The Construction Manager shall then make a determination as to which items are to be retained by the City. All other items shall be properly disposed of at no additional cost to the City. 112. Samples - Physical examples that illustrate materials, equipment or workmanship and establish standards by which the Work will be evaluated.
113. Schedule of Values – A document submitted by the Contractor to the City reflecting the portions of the Contract Sum allotted for the various parts of the Work. (Sometimes also referred to as “Cost Breakdown.”)
114. Shall - Refers to actions entered into by the Contractor or the City as a covenant with the other party to do or to perform the action.
115. Shop Drawings - Drawings, diagrams, schedules, and other data specially issued for the Work by the Contractor or a Subcontractor, Sub-Subcontractor, and Suppliers to demonstrate and/or illustrate the way by which the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for some specific portion of the Work. Shop Drawings are not considered Contract Documents.
116. Site - Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 117. Specifications - The written directions, provisions and requirements pertaining to the materials to be provided and to the method and manner of performing the Work, including any Addenda and Approved revisions by City. (Also sometimes referred to as “Technical Specifications” or “Specs.”) 118. Standard Drawings, Standard Plans, Standard Specifications – Unless specifically stated otherwise, the latest edition of the City’s Standard Drawings, Standard Plans or Standard Specifications referenced in the Contract Documents.
119. State of California Specifications - The State of California Department of Transportation Standard Specifications in effect at the date of Section 00100, Notice Inviting Bids. Also referred to as State Standard Specifications and Caltrans Standard Specifications. Where the terms the "State" or the "Engineer" are used in the California Standard Specifications, they shall be considered as meaning the "City" or the "Engineer" as defined herein. Paragraphs of the California Standard Specifications on Measurement and Payment shall not apply. 120. State - The State of California.
121. Stop Notice - A legal remedy for subcontractors and suppliers who contribute to public works, but who are not paid for their work which secures payment from construction funds possessed by the City.

CONTRACTING REQUIREMENTS
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General Conditions Septage Hauling and Receiving Station 122. Subcontractor - A contractor, within the meaning of the provisions of Chapter 9 (commencing with §7000) of Division 3 of the Business and Professions Code, who contracts directly with the Contractor to perform any Work of the Project. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or its authorized representative.
123. Subsubcontractor - A contractor, within the meaning of the provisions of Chapter 9 (commencing with §7000) of Division 3 of the Business and Professions Code, that has a direct or indirect contract with a Subcontractor to perform any Work of the Project. The term Subsubcontractor is referred to throughout the Contract Documents as if singular in number and means a Subsubcontractor or an authorized representative thereof. 124. Submittal - Data or items required by the Contract Documents to be submitted by the Contractor to the City. Submittals demonstrate the method, materials, plan, or sequence the Contractor proposes to use to conform to the design concept expressed in the requirements of the Contract Documents. Submittals include but are not limited to Shop Drawings, Coordination Drawings, layouts, Progress Schedules, Substitution requests, Samples, mockups, catalogs, Product Data and literature, equipment data sheets, maintenance and operating data. Unless otherwise stated in the Contract Documents, Submittals are not considered Contract Documents. 125. Substantial Completion - Sufficient completion of the Project, or the portion thereof, to permit a utilization of the Project. Determination of substantial completion is solely at the discretion of the City. Substantial completion does not mean complete in accordance with the Contract nor shall substantial completion of all or any part of the Project entitle the Contractor to acceptance under the Contract.
126. Substantial Completion Date - Date when the City puts into service, the Project or that portion of the Project that has been determined to be substantially complete. 127. Substitution - A material and/or process offered by the Contractor in lieu of the specified material and/or process, and accepted by the City’s Representative in writing as being equivalent (equal) to the specified material and/or process, such as an excepted or equal. (Also sometimes referred to as Product Substitution)
128. Supplementary General Conditions - That part of the Contract Documents which amends or supplements the General Conditions.
129. Supplier - A person or organization contracting with Contractor, a Subcontractor or a Subsubcontractor to supply materials and/or equipment for the Work. 130. Surety - A company that provides Contractor’s bonds for bidding, performance and payment and is admitted as a surety insurer as defined in §995.120(a) of the California Code of Civil Procedure. 131. Surveyor - A land surveyor licensed in the State of California. 132. Total Float Time - The time difference between the earliest start date and the latest start date, or between the earliest finish date and the latest finish date, of Project activities. (Also sometimes referred to as “slack time” or “Total Float” or “Float”). 133. Trade Names - Where a certain product is called by its Trade Name, it is intended as a guide for type and quality.
134. Typical Details - Details of standard structures, devices or instructions referred to on the Plans and Specifications by title or number and developed by the Engineer. 135. Unbalance Bid - A Bid containing a combination of lump sum and unit price Contract Items where individual Contract Items contained in the bid do not reflect reasonable actual direct costs plus a reasonable proportionate share of the Bidder’s anticipated indirect costs and profit. 136. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
137. Unilateral Change Order – A Change Order issued by the City without the consent of the Contractor or signature of the Contractor.

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General Conditions Septage Hauling and Receiving Station 138. Unit Price Work – Work to be paid for on the basis of unit prices. 139. Utility - Public or private fixed works for the transportation of fluids, gasses, power, signals, or communications.
140. Warranty - A Contractor’s, Subcontractor’s, Manufacturer’s or material Supplier’s promise or assurance, written or otherwise, that it’s Products and services provided meet industry (implied) or contractual (the requirements of the Contract Documents) standards of performance. (Also sometimes referred to as Warranty/Guarantee.)
141. Will - See definition of "Shall".
142. Work - Any and all obligations, duties, and responsibilities necessary to complete the construction assigned to, or undertaken by, the Contractor pursuant to the Contract Documents including all labor necessary to produce such construction and all materials, equipment, and supplies incorporated or to be incorporated in the construction. Also, the completed construction or parts thereof required to be provided under the Contract Documents. 143. Work Day - A working day is defined as any day, except Saturdays, Sundays and City Legal Holidays. Any work scheduled by the Contractor on non-working days (Saturdays, Sundays, and City Legal Holidays) shall be verified with the City at least 72 hours in advance. Unless specifically provided for otherwise in the Contract Documents, the City shall be compensated for inspection work, at an hourly rate, for any work on non-working days and for overtime. A “working day” may also be referred to as a “business day”.

1.03 CONTRACT DOCUMENTS- REPRESENTATIONS, CORRELATION AND INTENT A. Upon Notice to Proceed, the Contractor may obtain from the City, free of charge, five (5) copies of the Drawings (half- size) and Specifications. Drawings and Specifications will include all changes made by Addenda issued during the bid period. The City will also provide one electronic copy of the Contract Documents in PDF format.

B. The Contractor shall keep on the Project Site a complete copy of the Conformed Drawings and Specifications and shall at all times give the Construction Manager and City’s staff access thereto.

C. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The intent of the Contract Documents is to include all labor, materials, equipment, and all other items necessary for the proper execution and completion of the entire Work. Unless otherwise specifically noted, Contractor must provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and all other facilities and services necessary for the proper execution and completion of the Work.

D. Work not explicitly depicted or mentioned in any portion of the Contract Documents is nevertheless required if it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results.

E. Words and abbreviations having well known technical, trade or industry meanings are herein in accordance with such recognized meanings.

F. The intent of the Drawings specifically includes the intent to depict construction that complies with all applicable laws, codes and standards.

G. The Contract Documents prescribe the details for the construction and completion of the Work that Contractor undertakes to perform in accordance with the terms of the Contract.

H. Subject to applicable law, including without limitation to California Public Contract Code sections 4100 et seq., and the terms of the Contract governing subcontracting, the Divisions and Sections of the Specifications and identifications of any Drawings shall not control Contractor in dividing the Work among subcontractors or suppliers or delineating the work to be performed by any specific trade. Paragraphs titled “Section Includes” are not intended to “scope” the Section nor imply a trade responsibility, but serve merely as a listing of significant items in the Section to allow the reader to quickly assess the Section content.

Similarly, Paragraphs titled “Related Sections” or “Related Requirements” or “Related Documents” are not intended to coordinate the Contractor’s work, but merely indicate where certain other significant items that may be related to the Work of the Section are specified.

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General Conditions Septage Hauling and Receiving Station I. Reasonably implied parts of the Work shall be performed as “incidental work” even though absent from the Drawings and Specifications. “Incidental” work shall be performed by Contractor without extra cost to City. Incidental work includes any work not shown on Drawings nor described in Specifications, but which is necessary or normally or customarily required as a part of the Work shown on the Drawings or described in the Specifications, or is necessary or required to make each installation satisfactory, legally operable, functional, consistent with the intent of the Drawings and Specifications or the requirements of the Contract Documents. Incidental work shall be treated as if fully described in Specifications and shown on Drawings, and expense thereof shall be included in the Bid Price.

Incidental work includes, but is not limited to, tasks required to be performed under Division 1, GENERAL REQUIREMENTS, of the Specifications.

J. By entering into the Agreement, Contractor represents it is familiar with the Project Site conditions including the availability of labor and materials in the local geographic area where the Work is to be performed and has correlated personal observations with requirements of the Contract Documents.

K. While the City has endeavored to accurately represent the physical conditions which may affect the cost of the proposed work shown on the plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such conditions affecting the cost of the work which would have been disclosed by reasonable examination to the Site.

L. No test, investigation, statement or estimate of a factual situation not incorporated in the Contract shall be relied on by the Contractor. Any test, investigation, statement or estimate of fact incorporated in the Contract shall be considered by the Contractor to be a suggestion only, and he or she may request equal access to the underlying or background informative material or source and shall arrive at his or her own opinion thereon, including his or her own determination of how reliable any conclusion appearing in (or inferred from) the Contract.

M. The Contractor may not rely on “drawings of record” or similarly final or accepted drawings or maps of facilities constructed on public or private property for or under inspection by the City. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.

N. In the event of any difference, discrepancy, inconsistency, error, omission, or other apparent conflict within the Contract Documents and/or with actual field conditions, Contractor must immediately notify City in writing, requesting clarification. If Contractor is aware the Work is affected and proceeds with the Work without instructions from City, Contractor must make good any resultant damage or defects without additional cost to the City.

O. The misplacement, addition, omission of a word or character shall not change the intent of any part of the Contract form that set forth by the Contract as a whole.

P. When standards of the Federal Government, trade societies, trade associations, or similar commercial standards are referred to in the Contract Documents by specific date of issue, these standards, including amendments or supplements, will be considered as part of the Contract Documents. When such references do not bear date of issue, the current published edition, including amendments or supplements, at the date of the first Notice Inviting Bids will be considered as part of the Contract Documents.

Q. Contractor is responsible for the complete and proper execution of the Work as described in, and as reasonably implied by, the Contract Documents. Contractor is solely responsible for ensuring that all Subcontractors, Suppliers, Manufacturers, etc., working with any portion of the Contract Documents are fully aware that all the Contract Documents apply to their Work, although the other portions of the Contract Documents may not be fully reproduced or repeated therein.

R. The Contract Documents issued by City and copies furnished to the Contractor, are for use solely with respect to the Work of this Project. They are not to be used by the Contractor or any Subcontractor, Sub-Subcontractor or Supplier on other projects, nor for additions to this Project outside the scope of the Work without the specific written consent of City. The Contractor, Subcontractors, SubSubcontractors and Suppliers are granted permission to use and reproduce applicable portions of the

CONTRACTING REQUIREMENTS
May 2026 00700 - 12 City of Yuba City
General Conditions Septage Hauling and Receiving Station Contract Documents issued by City appropriate to, and for use in, the execution of their Work pursuant to the requirements of the Contract Documents.

S. Unless otherwise indicated, highlighted, emboldened, italicized, or underlined text is not indented to imply special significance but serves merely as an aid to the reader to distinguish or quickly reference selected text.

1.04 INTERPRETATION OF THE CONTRACT DOCUMENTS
A. Notwithstanding any omission from these Specification or the Drawings it shall be the duty of the Contractor to call the Construction Manager's attention to apparent errors or omissions and request instructions in writing before proceeding with the work. The Contractor, as part of the Contract, shall agree not take advantage of any errors or omissions in the Contract Documents. It is also the duty of the Contractor to promptly notify the Construction Manager in writing of any design, materials, or specified method that the Contractor believes may prove defective or insufficient or for which there are procurement challenges affecting the ability of the Contractor to complete the Work within the times required. If the Contractor believes that a defect or insufficiency exists in design, materials or specified method and fails to promptly notify the Construction Manager in writing of this belief, the Contractor thereby waives any right to assert entitlement to and/or recover any damages and/or time extensions arising from any such that a defect or insufficiency in design, materials or specified method at any later date in any legal or equitable proceeding against the City, or in any subsequent arbitration or settlement conference between the City and the Contractor. The Construction Manager may, by appropriate instructions correct errors and supply omitted information, which instructions shall be as binding upon the Contractor as though contained in the original Specifications or Drawings.

B. Any discrepancies found between the Contract Documents and Project Site conditions or any inconsistencies or ambiguities in the Contract Documents shall be immediately reported, in writing, to the Construction Manager. Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Construction Manager with a RFI. The Construction Manager shall respond to the Contractor in writing with a decision within fifteen (15) days of receipt of the request, or if it is necessary to extend this period, the Construction Manager shall notify the Contractor in writing as to when a decision will be provided. RFI procedures are further described in Section 01340, Request for Interpretation.

C. Work done by the Contractor after its discovery of such errors, omissions, discrepancies, inconsistencies or ambiguities without such notice and prior to response from the Construction Manager shall be done at the Contractor’s risk.

1.05 ORDER OF PRECEDENCE OF THE CONTRACT DOCUMENTS
A. In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents, the order of precedence shall be as follows:

1. Permits from other agencies as may be required by law.

2. Addenda, Supplemental Agreements and Change Orders, the one dated later having the precedence over another dated earlier.

3. Agreement (Section 00510).

4. Contractor’s accepted Bid Form (Section 00400).

5. General Requirements (Division 1).

6. Supplementary General Conditions (Section 00800).

7. General Conditions (Section 00700).

8. Instructions to Bidders (Section 00200).

9. Notice Inviting Bids (Section 00100).

10. Technical Specifications including all Tables, Exhibits and Attachments .

11. Contract Drawings.

12. City Standard Specifications.

CONTRACTING REQUIREMENTS
May 2026 00700 - 13 City of Yuba City
General Conditions Septage Hauling and Receiving Station

13. Reference/Standard Plans.

14. Reference/Standard Specifications.

B. With reference to the Drawings, the order of precedence is as follows:

1. Enumerated dimensions govern over scaled dimensions.

2. Detail drawings govern over general drawings.

3. Addenda/Change Order drawings govern over any other drawings.

4. Contract Drawings govern over standard drawings/plans.

C. The provisions of the Contract Documents shall take precedence over any Laws or Regulations applicable to the performance of the Work unless such an interpretation of the provisions of the Contract Documents would result in a violation of such Law or Regulation.

D. Minor Omissions:

1. If the Contract Documents are not complete as to any minor detail or required construction system or with regard to the manner of combining or Installing of parts, materials, or equipment, but there exists accepted trade standard for good and workmanlike construction, such detail will be deemed to have been included by the requirements of the Contract Documents in accordance with such standard.

1.06 ADDITIONAL DETAILED INSTRUCTIONS
A. City may furnish additional detailed written and/or graphic instructions to explain the Work more fully, and such instructions become a part of the requirements of the Contract Documents. Should Additional Detailed Instructions, in the opinion of the Contractor, constitute Work in excess of the requirements of the Contract Documents, the Contractor must submit written notice to the City within seven (7) Days following receipt of such instructions, and in any event prior to commencement of the Work thereon. If in the City’s judgment the Additional Detailed Instructions constitute Work in excess of the requirements of the Contract Documents, the Additional Detailed Instructions will be revised or the extra Work will be added by Change Order.

1.07 RIGHTS AND REMEDIES
A. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law.

B. No action or failure to act by the City, the Design Engineer, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
**END ARTICLE 1**

CONTRACTING REQUIREMENTS
May 2026 00700 - 14 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 2 - CONTRACT ADMINISTRATION

2.01 ADMINISTRATION OF THE CONTRACT
A. The City’s Representative, the Construction Manager, and the Design Engineer will provide administration of the Contract as hereinafter described. These parties are designated in Section 00510, Agreement. If the status of any of the above parties should change, the City will provide written notice to the Contractor of such change.

B. Contractor recognizes that the City is a public agency and that it can act only through its duly authorized agents, and in this regard agrees that only written change orders, executed as specifically authorized by the governing body of the City either directly or through properly authorized agents, shall be valid.

The City’s Representative shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order. Unless a valid change order is issued therefore, all changes in the work performed by the Contractor shall be at its own risk, and the Contractor shall not be entitled to any additional compensation on account thereof, and the Contractor may be required to make the work conform to the Specifications. No act or series of acts by the City during the course of the Contract shall be deemed to constitute a waiver of the right of the City to rely upon the provisions of this subparagraph.

C. The City’s Representative shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed and as to the manner of performance and rate of progress of the work; all questions which arise as to the interpretation of the Plans and Specifications; all questions as to the acceptable fulfillment of the Contract on the part of the Contractor; and all questions as to claims and compensations.

D. Any decision of the City’s Representative shall be final and he or she shall have executive authority to enforce and make effective such decisions and orders should the Contractor fail to carry out promptly.

2.02 CITY’S REPRESENTATIVE
A. General:

1. The City's Representative has the authority to act on behalf of the City on change orders, field orders, progress payments, Contract decisions, acceptability of the Contractor's work, or early possession.

B. Change Orders/Field Orders:

1. The City's Representative has the authority to accept or reject change orders, field orders and cost proposals submitted by the Contractor or as recommended by the Construction Manager.

C. Progress Payments:

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

D. Contract Decisions:

1. Should the Contractor disagree with the Construction Manager's decision with respect to the Contract, the Contractor may appeal to the City's Representative in accordance with the provisions of the Contract.

E. Acceptability of Work:

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

2.03 CONSTRUCTION MANAGER
A. General:

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

CONTRACTING REQUIREMENTS
May 2026 00700 - 15 City of Yuba City
General Conditions Septage Hauling and Receiving Station Manager may include more than one individual to perform contract administration and construction observation. Hereinafter, the term Construction Manager includes any and all representatives working under the direction of the Construction Manager.

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

3. The Construction Manager's authority to act under Section 00700- Article 2, Contract Administration, and any decision made by it in good faith either to exercise or not to exercise such authority, shall not be interpreted or construed as control or responsibility of any of the work performed under this Contract.

B. Construction Manager’s Responsibility:

1. The Construction Manager will observe the progress, quality, and quantity of the Work to determine, in general, if the Work is proceeding in accordance with the provisions of the Contract Documents. The Construction Manager shall not be responsible for construction means, methods, appliances techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.

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

C. Observation and Inspections of Construction:

1. The Construction Manager shall observe the construction and shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing.

2. Observation and inspection by an Inspector is not an authorization to revoke, alter, or waive any requirements of the Specifications. Observation and inspection by an Inspector is an authorization to call the attention of the Contractor to any failure of the Work, materials, or workmanship to conform to the Contract Documents. The Inspector shall have this authority including the ability to reject materials or, in any emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Construction Manager for decision. If the decision of the Construction Manager is not satisfactory to the Contractor, the Contractor may appeal such decision to the City’s Representative.

D. Acceptability of the Work:

1. The Construction Manager has the authority to make a recommendation as to the acceptability of the Work.

E. Change Orders:

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

F. Construction Schedule:

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

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May 2026 00700 - 16 City of Yuba City
General Conditions Septage Hauling and Receiving Station G. Progress Payments:

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

H. Completion:

1. The Construction Manager, with the assistance of the Design Engineer, will conduct inspections to determine the dates of Substantial Completion of the Work and final completion of the Work, and will receive and forward to the City, for the City's review, written warranties, and related documents required by the Contract and assembled by the Contractor.

2.04 DESIGN ENGINEER
A. General:

1. The Design Engineer will have the authority to act on behalf of the City only to the extent provided in the Contract Documents.

B. Interpretations:

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

C. Acceptability of the Work:

1. The Design Engineer has the authority to make a recommendation as to the acceptability of the Work. The Design Engineer has the authority to recommend acceptance regarding the retention of defective work.

D. Submittals

1. The Design Engineer shall receive, through the Construction Manager, shop drawings, product data, and samples for review in accordance with Section 01330, Submittal Procedures.

2. The Design Engineer has the authority to review and take other appropriate action upon the Contractor's submittal such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents.
**END ARTICLE 2**

CONTRACTING REQUIREMENTS
May 2026 00700 - 17 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 3 - CITY

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

3.02 ATTENTION TO WORK
A. The City’s Representative, Construction Manager, and Design Engineer are designated in Section 00510, Agreement. The Construction Manager's designated representative may be available at the Project Site of the Work. An alternate representative may be designated when the designated Construction Manager’s representative is not available at the Project Site of the Work. The Design Engineer may assign a representative to be available at the Project Site of the Work.

3.03 OBSERVATION AND INSPECTION
A. In addition to the Construction Manager’s designated representative, the City may provide one or more Inspectors to the Construction Manager to observe the work and with the same authority.

B. Separate and independent from the observations and inspections above, the Project may be inspected by others for code and permit compliance. Such inspectors shall have the authority provided to them by local jurisdiction.

3.04 CITY’S RIGHT TO USE OR OCCUPY
A. The City reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these parts or areas have been approved for occupancy or use by the City.

Subject to applicable laws, the exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in anyway affect the dates and times when progress payments shall become due from the City to the Contractor or in any way prejudice the City’s rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the City.

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

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

D. The part or parts of the Work, if any, which the City anticipates the use or occupancy of prior to Substantial Completion are noted in Division 1, General Requirements. Failure to include a part of the Work in the above referenced section, shall not limit the City’s right to use or occupy parts of the Work not listed.

3.05 CITY’S RIGHT TO CARRY OUT THE WORK
A. If the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, and fails within five (5) days after receipt of written notice from the City to commence and continue correction of such neglect or deficiency with diligence and promptness, the City may, and without prejudice to any other remedy, make good such default, neglect or failure.

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

C. In either case, a Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work,

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General Conditions Septage Hauling and Receiving Station including compensation for the Design Engineer’s, the Construction Manager’s, and City’s additional services made necessary by such default, neglect, failure or emergency.

3.06 CITY’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS A. The City reserves the right to perform work related to the Project with the City’s own forces, and to award separate contracts in connection with the Project or other work on the Project Site.

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

C. The City will provide for the coordination of the work of the City’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith as provided in Section 00700-

6.02, Cooperation with City’s Forces, and other contractors employed by City.

3.07 CITY ACCESS TO WORK AREAS
A. The City, and its officers, agents, agents, employees, and any other duly authorized representatives and employees, and all duly authorized representatives of governmental agencies having jurisdiction over work areas or any part thereof shall at all reasonable times, for the purpose of determining compliance with Contract requirements, have access to such areas and the premises used by the Contractor. The Contractor shall also arrange for the City, and its officers, agents, employees, and any other duly authorized representatives and employees, to have access at all reasonable times to all places where equipment or materials are being manufactured, produced, or fabricated for use under the Contract.

B. The Contractor’s attention is drawn to the fact that during the course of the work of this Contract, existing facilities will be used and maintained by City’s personnel. The Contractor shall coordinate its work in such a way as to interfere as little as possible with the routine work of existing facility operation consistent with the necessity for making the connections as specified and as shown on the Project Drawings. The intent of this item is also that the Contractor’s work force shall be excluded from access to and use of existing facilities except in direct pursuit of the work of this Contract, unless approved by the Engineer. The Contractor shall provide safe access at all times to all existing facilities for operating personnel and equipment.

3.08 CITY-ACQUIRED PERMITS
A. Attention is directed to the Contract Documents and to any permits that may have been acquired by or imposed upon the City that contain requirements related to performance of the work, including but not limited to encroachment permits and storm water pollution prevention. All work within public properties and rights of way shall be accomplished in conformance with any specific conditions, instructions, and/or requirements contained in permits issued by the agencies having jurisdiction over such property and rights of way.

3.09 CITY-ACQUIRED EASEMENTS
A. The City may provide easements for work under the Contract. City-provided easements are shown in the Contract Documents. All work within private and public properties shall be accomplished in conformance with any specific conditions, instructions, and/or requirements of the respective easements.

B. The City may provide additional easements for use of public or private property for working space, haul roads, and for storage of materials and equipment. City provided easements are shown in the Project Documents. The Contractor may use such property so provided for working space, haul roads, and for storage of materials and equipment. Should the Contractor find it necessary or advantageous to use any land, over and above that land that is provided, for any purpose whatever, the Contractor shall, at its expense, obtain a written agreement with the property owner and obtain approval from the City for the use of such land. A copy of any such agreement shall be submitted to the Engineer prior to implementation.

CONTRACTING REQUIREMENTS
May 2026 00700 - 19 City of Yuba City
General Conditions Septage Hauling and Receiving Station C. Nothing in the Contract shall be construed as allowing the Contractor to make any arrangements with any person to permit occupancy or use of any land, structure, or building for any Contract purpose whatsoever, either with or without compensation, in conflict with any agreement between the City and any owner, former owner, or tenant of such land, structure, or building.

3.10 NON-RESPONSIBILITY OF THE CITY
A. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to the final acceptance, except as expressly provided in these Contract Documents. **END ARTICLE 3**

CONTRACTING REQUIREMENTS
May 2026 00700 - 20 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 4 - CONTRACTOR

4.01 GENERAL RESPONSIBILITIES
A. Contractor must supervise and direct the Work, using its best skill and attention.

B. Contractor is solely responsible for all construction means, methods, techniques, operations, sequences and procedures, and for coordinating all portions of the Work.

C. Contractor is responsible to City for the acts and omissions of Contractor’s employees, Subcontractors, Suppliers, their agents and employees, and all other persons performing any Work pursuant to a contract with Contractor.

D. Contractor will not be relieved from its obligations to perform the Work in accordance with the requirements of the Contract Documents, either by the activities or duties of City or City’s consultants in their administration of the Contract, or by inspections, tests, acceptance, or approvals required or performed by persons other than Contractor.

E. Contractor shall at all times enforce good order and discipline among its employees and must not employ on the Work anyone not skilled in the task assigned.

F. Contractor shall at all times employ qualified workers sufficient to prosecute the Work at a rate and in a sequence and manner necessary to complete the Work within the Contract Time(s). This obligation shall remain in full force and effect notwithstanding disputes or claims of any type.

G. Contractor warrants to City that all materials and equipment provided pursuant to the Contract are new unless otherwise specified, and that all Work is of good quality, free from faults and defects and in conformance with the requirements of the Contract Documents. All Work not conforming to these requirements, including substitutions not properly accepted and authorized by City’s Representative may be considered defective. Upon request at any time, Contractor must furnish evidence, satisfactory to City, demonstrating the quality of installed materials and equipment.

H. Unless otherwise provided in the Contract Documents, the Contractor must provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. The provision of utilities such as gas, electricity and water is governed by the Technical Specifications.

I. Contractor has charge and care of all Work and all materials to be used therein (including materials for which Contractor has received partial payment or materials which have been furnished by City) until Acceptance of the Work. Contractor bears the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the performance or nonperformance of the Work, except as otherwise expressly provided.

J. Contractor must rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials by any cause before Completion and Acceptance.

K. Contractor must Provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. Suspension of the Work from any cause whatever will not relieve Contractor of responsibility for the Work and materials as herein specified.

L. The Contractor, at its expense, store and maintain all materials and equipment as specified in the Contract Documents or, where not specified, in such a manner as to assure the preservation of their quality and fitness, including warehousing if required by the Engineer, and so as to facilitate job-site safety and convenient inspection by the Engineer. Contractor must properly store materials which have been partially paid for by City or which have been furnished by City. Such storage by Contractor is on behalf of City who shall at all times be entitled to the possession of such materials. Contractor must promptly return such materials to the Project Site when requested. Contractor must not dispose of any of the materials so stored except upon City’s written authorization.

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General Conditions Septage Hauling and Receiving Station

4.02 STATUS OF CONTRACTOR, SUBCONTRACTORS AND SUPPLIERS A. It is stipulated and agreed that the Contractor shall be an independent contractor in the performance of this Contract and shall have complete charge of persons engaged in performance of the Work. During the term of the Contract, Contractor shall not under any circumstances be considered an employee, agent, or other representative of the City. Contractor is not authorized to bind City to any obligation.

Nothing in this Contract creates any relationship of joint venture, partnership or any other association of any nature whatsoever between City and Contractor other than that of owner and independent contractor. City has the right to control Contractor only insofar as provided in this Contract and only insofar as the results of Contractor’s work pursuant to the Contract. The City’s right of supervision does not reduce or abrogate Contractor’s liability for any and all damage or injury to persons, public property or private property that may arise directly or indirectly from Contractor’s performance of the Work.

B. The Contractor shall perform the Work in accordance with its own means, methods, and appliances subject to compliance with the requirements of the Contract.

C. Subcontractors and Suppliers will not have or be recognized as having a direct relationship with the City. The persons engaged in the work, including employees of Subcontractors and Suppliers, will be considered employees of the Contractor and their work shall be subject to the provisions of the Contract. References in the Contract Documents to actions required of subcontractors, manufacturers, suppliers, or any person other than the Contractor, the City, or the Construction Manager shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, or person to perform the specified action.

4.03 CONTRACTOR REPRESENTATIVE
A. Only the Project Manager or Project Superintendent named in Section 00480, CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS, or an equally qualified alternate approved by the City, will be permitted as the Contractor’s on-site authorized representative. The Contractor shall confirm in writing, before starting work, an authorized representative who shall have complete authority to represent and to act for the Contractor. Said authorized representative, or designated alternate, which has the authority to act in matters relating to the Contract, shall be personally present at the Project Site at all times while work is actually in progress on the Contract. During periods when the Work is suspended, arrangements acceptable to the City shall be made for any emergency work that may be required. The Contractor’s authorized representative, or designated alternate(s), shall be fluent and proficient in the English language in order to understand, receive, and carry out oral and written communications or instructions relating to all job functions and responsibilities.

B. When the Contractor consists of two or more persons, firms, partnerships, limited liability companies, or corporations functioning on a joint venture basis, said Contractor shall designate in writing to the Construction Manager, the name of their authorized representative who shall have supreme authority to direct the work and to whom orders will be given by the Construction Manager, to be received and obeyed by the Contractor.

C. Information shall include the representative's name, street address, town, and office telephone number, cell phone number and email address.

D. The Contractor’s Representative shall give its personal attention to and shall supervise the Work to the end that it shall at all reasonable times be prosecuted faithfully. When the Contractor’s Representative or designated alternate is not personally present on the Work, the representative shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this Contract, and who shall have full authority to supply materials, tools, and labor without delay, and who shall be the legally appointed representative of the Contractor.

The Contractor shall immediately notify the Construction Manager when the Contractor’s Representative is absent and also provide the name and position of Contractor’s interim representative during the Contractor Representative’s absence. The Contractor shall be liable for the faithful observation of any instructions delivered to the Contractor or to the Contractor’s Representative.

E. The City’s Representative shall have the right to remove and replace the Contractor’s Representative at any time.

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General Conditions Septage Hauling and Receiving Station

4.04 WORKPLACE ENVIRONMENT
A. The use or possession of alcohol, weapons, or illegal controlled substances by the Contractor, or others subject to the Contractor’s control, on City property is prohibited. The Contractor shall not sell and shall neither permit nor suffer the introduction or use of intoxicating liquors or non-prescribed illegal narcotics or drugs upon or about the Work.

B. The Contractor must ensure and maintain a workplace environment free of personal harassment and intimidation.

C. Conduct that creates an intimidating, hostile, or offensive workplace environment is prohibited. Such conduct includes, but is not limited to, the following:

1. Verbal harassment, e.g., epithets, derogatory comments or slurs;

2. Physical harassment, e.g., assault, impeding or blocking movement, gestures, staring, or any physical interference with normal work or movement;

3. Visual forms of harassment, e.g., derogatory posters, letters, poems, graffiti, cartoons, or drawings.

D. Unwelcome and unwanted sexual advances constitute sexual harassment that is prohibited. For example, requests for sexual favors and verbal or physical conduct of a sexual nature are prohibited.

E. It is the responsibility of the Contractor to:

1. Inform its employees and Subcontractors that behavior that creates an intimidating, hostile, or offensive workplace environment is prohibited;

2. Create a workplace environment that is free from harassment; and,

3. Take corrective action to stop prohibited behavior/conduct.

F. None but competent superintendents, forepersons, and workers shall be employed on the Work. The Contractor shall remove from the Work any person who commits trespass, possesses firearms or other weaponry, is under the influence or is in the possession of alcohol or other illegal drugs/controlled substance, or is, in the opinion of the Contractor or Construction Manager, disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable.

G. If in the opinion of the City’s Representative, any employee of the Contractor or Contractor’s Subcontractors violate the prohibitions of this Section 00700-4.04, Workplace Environment, Contractor must immediately remove that person or Subcontractor from the Project upon City’s request, and such person or Subcontractor must not be permitted to perform further Work on the Project Site.

H. Such above discharges and removal from the Project Site shall not be the basis of any claim for compensation or damages against the City, its officers, officials, employees, agents, and volunteers, the Design Engineer, the Construction Manager, and their partners, officers, employees, agents or any of its officers or representatives.

I. Nothing contained in 4.04, Workplace Environment, shall be used to shift the responsibility for supervision of Contractor’s employees or subcontractors from the Contractor to the City’s Representative or to require the City’s Representative to take any action with regard to any employee of the Contractor or its subcontractors.

J. The Contractor shall maintain labor relations in such manner and by such methods as will provide for harmony among workers. The Contractor shall assure that its subcontractors of all tiers comply with the provisions set forth in this Section. Failure of the Contractor or any of its subcontractors at any tier to comply with these provisions shall be considered as grounds for termination of the Contract in accordance with Section 00700- 8.10, City’s Right to Terminate Contract.

4.05 COMPLIANCE WITH LAWS
A. General:

1. The City is a public agency in the State of California and is subject to the provisions of law relating to public contracts. It is agreed that all provisions of law applicable to public contracts are a part

CONTRACTING REQUIREMENTS
May 2026 00700 - 23 City of Yuba City
General Conditions Septage Hauling and Receiving Station of these Contract Documents to the same extent as though set forth herein and will be complied with by Contractor.

2. The Contractor, shall at its own cost and expense, observe and keep itself and its Subcontractors fully informed of all existing and future legislated State and Federal Laws and City and County ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials and equipment used in the Work, or which in any way affect the conduct of the Work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, or in any other part of this Contract, in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall immediately report the same to the Construction Manager in writing.

The Contractor shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees; and shall protect, indemnify, defend and hold harmless the City, the Construction Manager, the Design Engineer, and all of their officers, officials, employees, agents, volunteers, and servants against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor itself, its employees, subcontractors, suppliers or others acting on the Contractor’s behalf.

3. The following regulations and requirements that are included in the Contract Documents do not relieve the Contractor of the burden of ascertaining legal requirements that must be satisfied in accordance with this Section and applicable law.

B. Eight Hour Day Limitation

1. The Contractor’s attention is directed to the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code, State of California, and in particular Sections 1810 to 1815 inclusive. In accordance with California Labor Code §1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Agreement. Contractor and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by Sections 1810 to 1815, inclusive, of the California Labor Code relating to working hours. Contractor and any Subcontractor shall, as a penalty to the City, forfeit the sum of twenty-five dollars ($25) for each worker employed in the execution of the Contract by the respective Contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

C. Prevailing Wage

1. The Work to be performed pursuant to this contract is “public works” subject to California Labor Code §1771, et. seq. and the applicable implementing regulations. The General Prevailing Wage Rates issued by the California Department of Industrial Relations may be adjusted by the State during the term of this Contract. Notwithstanding any other provisions of this Contract, Contractor will not be entitled to any adjustment in compensation rates in the event there are adjustments to the General Prevailing Wage Rates.

2. Contractor shall comply with California Labor Code §1775, whereby Contractor shall be assessed a penalty for each calendar day or portion thereof, for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any Work done pursuant to the Contract by Contractor or any Subcontractor in violation of the California Labor Code and in particular §1770 through §1780. In addition to said penalty and pursuant to §1775, Contractor shall pay each worker the difference between such stipulated prevailing wages and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate.

3. Pursuant to the provisions of California Labor Code §1770 and following, the California Department of Industrial Relations has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension, and similar purposes) applicable to the Work, for straight time, overtime, Saturday, Sunday, and Holiday work. The Holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of each craft, classification, or type of workers concerned. Said prevailing wage rates

CONTRACTING REQUIREMENTS
May 2026 00700 - 24 City of Yuba City
General Conditions Septage Hauling and Receiving Station are on file in the City's offices, incorporated herein by reference, and copies of which are available to any interested party on request. The rates are also available on the State of California’s Department of Industrial Relations website at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm.

4. If Contractor uses a craft or classification not shown on the prevailing wage determinations, Contractor may be required to pay the wage rate of that craft or classification most closely related to it, shown in the general determinations in effect when the Bids were received. Pursuant to California Labor Code §1773.2, Contractor shall prominently post a copy of such prevailing wages at each job site.

5. Pursuant to California Public Contract Code §6109, the Contractor shall not perform Work on this public works project with any Subcontractor who is ineligible to perform Work on a public works project pursuant to §1777.1 or §1777.7 of the California Labor Code. Any contract on a public works project entered into between the Contractor and a debarred Subcontractor is void as a matter of law. A debarred Subcontractor may not receive any public money for performing Work as a Subcontractor on a public works contract, and any public money that may have been paid to a debarred Subcontractor by the Contractor on this Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred Subcontractor who has been allowed to work on the Project.

6. Pursuant to California Labor Code §1771.5.b.6, the City will withhold contract payments equal to the amount of underpayment and applicable penalties when, after investigation, it is established that underpayment of prevailing wage has occurred.

D. Certified Payrolls:

1. Contractor shall provide certified payroll records electronically to the Division of Labor Standards Enforcement in accordance with California Labor Code §1776. In addition to the California Labor Code requirements related to certified payroll records enumerated herein, the Contractor shall submit weekly certified payrolls and comply with all payroll requirements of this Section. Contractor and any subcontractor shall maintain and make available for inspection payroll records as required by California Labor Code §1776, which is incorporated by this reference as though fully set forth herein. Contractor is responsible for ensuring compliance with this Section. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, and straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the Project. Said payroll shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request.

A certified copy of all payroll records enumerated in Section 00700-4.07.D, herein, shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

A certified copy of all payroll records enumerated in Section 00700-4.07.D, herein, shall be made available upon request by the public for inspection or for copies thereof; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to subparagraph (2) herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal offices of the Contractor.

2. Certified payroll records shall be submitted electronically as required under California Labor Code §1776 to the Labor Commissioner pursuant to California Code of Regulations Chapter 8, §16404.

Per §1776 of the Labor Code, the Contractor shall be responsible for the submittal of its own payroll records and the payroll records of all its subcontractors. All certified payroll records shall

CONTRACTING REQUIREMENTS
May 2026 00700 - 25 City of Yuba City
General Conditions Septage Hauling and Receiving Station be accompanied by a statement of compliance signed by the Contractor indicating that the payroll records are correct and complete, that the wage rates contained therein are not less than those determined by the Director of the Department of Industrial Relations, and that the classifications set forth for each employee conform with the work performed. All such payroll records and compliance forms required hereunder shall be maintained by Contractor for a period of no less than three (3) years after the completion of the Work.

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

4. Each Contractor shall file a certified copy of the records, enumerated in Section 00700-4.07.D with the entity that requested the records within ten (10) days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated.

The Contractor shall inform the City of the location of the records enumerated under Section 00700-4.07.D including the street address, city and county, and shall, within five (5) working days, provide a notice of change of location and address. The Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Section 00700-4.07.D. In the event that the Contractor fails to comply within the 10-day period, he or she shall, as a penalty to the State of California or the City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. Responsibility for compliance with Section 00700-4.07.D lies with the Contractor

5. On-Site Worker Interviews. The City or a representative of the City may make periodic Site visits to observe and interview workers regarding the payment of prevailing wages and proper work classifications. Contractor and each subcontractor shall cooperate and coordinate with the City and provide unaccompanied access to workers on the job Site.

6. Additionally, each contractor and every lower-tier subcontractor and supplier may be required to submit certified payrolls and labor compliance documentation electronically at the discretion of and the manner specified by the City. If requested, electronic submittal will be on a web-based system. Each contractor and subcontractor will be given a Log On identification and password to access the City reporting system. Use of the system may entail additional data entry of weekly payroll information including; employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. This requirement will be necessary for every lower-tier subcontractor and vendor required to provide labor compliance documentation.

Submission of payroll information electronically shall be inclusive of the project base bid indirect costs and no additional payment shall be made.

7. As required by §1773.1 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

8. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification, or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.

9. The Contractor shall comply with the provisions of §1775 of the California Labor Code and shall, as a penalty to the City, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. The Contractor shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount

CONTRACTING REQUIREMENTS
May 2026 00700 - 26 City of Yuba City
General Conditions Septage Hauling and Receiving Station paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. Contractor is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and Contractor and any subcontractor shall fully comply with California Labor Code §1775, which is incorporated by this reference as though fully set forth herein.

10. In accordance with the provisions of §1727 of the California Labor Code, the City, before making payment to the Contractor of money due under this contract, shall withhold and retain therefrom sufficient funds to satisfy any civil wage and penalty assessment issued by the Labor Commissioner under Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with §1720). If the City has not retained sufficient money under the Contract to satisfy a civil wage and penalty assessment based on a Subcontractor’s violations, Contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the Subcontractor under the Contract to satisfy the assessment and transfer the money to the City. These amounts shall not be disbursed by the City until receipt of a final order that is no longer subject to judicial review. However, no sum shall be withheld, retained, or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the City.

E. Apprentices:

1. The Contractor’s attention is directed to the provisions of Labor Code §1777.5. The Contractor and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the construction Site for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of §1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code §1777.5 during the performance of this contract rests with the Contractor. Pursuant to California Labor Code §1777.7, in the event the Contractor willfully fails to comply with the provisions of California Labor Code §1777.5, the Contractor shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and shall be assessed civil penalties.

F. Receipt of Workers' Wages, Fee for Registering or Placing Persons In Public Works

1. Attention is directed to the provisions of §1778 and §1779 of the California Labor Code, which read as follows:
"Section 1778. Every person, who individually or as a representative of an awarding or public body or officer, or as a contractor or subcontractor doing public work, or agent or officer thereof, who takes, receives or conspires with another to take or receive, for its own use or the use of any other person any portion of the wages of any workman or working subcontractor, in connection with services rendered upon any public work is guilty of a felony."
"Section 1779. Any person or agent or officer thereof who charges, collects, or attempts to charge or collect, directly or indirectly, a fee or valuable consideration for registering any person for public work, or for giving information as to where such employment may be procured, or for placing, assisting in placing, or attempting to place, any person in public work, whether the person is to work directly for the state, or any political subdivision or for a contractor or subcontractor doing public work is guilty of a misdemeanor." G. Labor Discrimination:

1. Contractor shall abide by all federal and state laws preventing discrimination in the employment of persons upon public works and shall ensure by appropriate contract provisions that all subcontractors are similarly obligated to comply with all such laws. These laws include, but are not limited to the following. California Labor Code §1735 which provides that “A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the

CONTRACTING REQUIREMENTS
May 2026 00700 - 27 City of Yuba City
General Conditions Septage Hauling and Receiving Station penalties imposed for a violation of this chapter.” Likewise, Contractor and all of its subcontractors shall abide by the provisions of California Labor Code §1777.6 prohibiting discrimination in the acceptance of otherwise qualified apprentices; and California Labor Code §3073.6, which declares unlawful the discrimination in any recruitment or apprenticeship program on stated grounds. City shall be entitled to retain and withhold all penalties as authorized pursuant to California Labor code, Division 2, Part 7, Chapter 1, commencing with §1720 and following, in accordance with the provisions of that Chapter, and the regulations established by the Director of Industrial Relations pursuant to the statutory authority of such chapter.

H. Workers’ Compensation Insurance:

1. Attention is directed to the provisions found in Section 00700- Article 13, Insurance and Indemnification, for requirements of Workers’ Compensation Insurance and California Labor Code §3700.

I. Certified Electricians:

1. It is the sole responsibility of the Contractor to ensure compliance with California Labor Code §108- 108.5- Electrician Certification. The Contractor shall use, and/or cause its electrical subcontractor to use, properly certified electricians to perform electrical work and specifically all work covered under the Contract Documents.

2. Information on the electrician certification program may be obtained at the Division of Apprenticeship Standards (DAS) at:
https://www.dir.ca.gov/dlse/ecu/electricaltrade.html

3. The Division of Apprenticeship Standards also requires that all electricians in the State of California possess adequate training to perform their job. As such, all electricians must fall into one of the following categories:

Journeyman- Certified
Journeyman- Trainee
Apprentice

4. Prior to commencement of electrical work, submit current and complete documentation of electrician certification or enrollment in a California state or Federal approved apprenticeship program for all electrical workers, or any relevant exception on which you intend to rely for satisfying the certification requirements.

J. Lateral and Subjacent Supports:

1. Attention is directed to §832 of the Civil Code of the State of California relating to lateral and subjacent supports, and wherever structures or improvements adjacent to the excavation may be damaged by such excavation, the Contractor shall comply with this law. As provided in California Labor Code §6707, a separate bid item is provided for costs of shoring and bracing of excavations five (5) feet or more in depth.

K. Safety Standards:

1. The Contractor shall comply with all applicable provisions of the Safety and Health Regulations of Construction, promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 et. seq.) as set forth in Title 29, C.F.R., Cal/OSHA, and the regulations issued thereunder. Compliance shall be the Contractor's sole responsibility, and neither the City, the Construction Manager nor the Design Engineer shall have any liability for non-compliance. See Section 00700-Article 12, Protection of Persons and Property, for additional safety requirements.

L. Asbestos Related Work:

1. All work involving asbestos containing material must be performed in accordance with California Labor Code, Sections 6501.5 through 6510, inclusive, and California Administrative Code, Title 8, Section 5208 and all other pertinent laws, rules, regulations, codes, ordinances, decrees and orders.

CONTRACTING REQUIREMENTS
May 2026 00700 - 28 City of Yuba City
General Conditions Septage Hauling and Receiving Station M. Public Records Act:

1. Except as otherwise provided herein, all records, documents, drawings, plans, specifications, and all other information relating to the conduct of City's business, including information submitted by the Contractor ("Records"), shall become the exclusive property of City and shall be deemed public records. Said Records are subject to the provisions of the California Public Records Act (Government Code §6250 et. seq.). The City's use and disclosure of its records are governed by this Act. The City will use its best efforts to inform the Contractor of any request for any financial records or documents marked "Trade Secret", "Confidential" or "Proprietary" provided by the Contractor to City.

2. Contractor, at its sole expense and risk, shall be fully responsible for any and all fees for prosecuting or defending any action brought or instituted by Contractor opposing disclosure of Records and shall indemnify and hold City harmless from all costs and expenses including attorney’s fees and costs of litigation in connection with any such action.

N. City will have no liability to Contractor or Contractor’s privity concerning disclosure of records in accordance with the California Public Records Act or other applicable law or in accordance with the direction of any competent authority, and Contractor, on behalf of itself, and its privities waives, releases and fully discharges such liability.

4.06 COMPLIANCE WITH ENVIRONMENT LAWS
A. During construction, the Contractor shall comply with all pertinent requirements of Federal, State, and local environmental laws and regulations, including, but not limited to, the Federal Clean Air Act, State and local air pollution and noise ordinances, construction Site erosion control regulations, and if applicable, shoreline construction requirements.

4.07 AUDITS AND ACCESS TO RECORDS
A. The Contractor must maintain all books, records, documents, electronic media, and other evidence directly pertinent to the performance of the Work in accordance with generally accepted accounting principles and practices consistently applied. The Contractor must also maintain all financial information and data used by the Contractor in the preparation or support of any cost submission, including the Contractor’s Bid estimate, any Change Order, Dispute, Claim, Pay Application, or other request for equitable adjustment. City and its representatives will have access upon 24 hours advanced written notice, at all times during normal business hours, to all Contractors books, summary reports, records, accounts, estimates, documents, detailed financial information, certified payroll records, and all other relevant information and documentation for the purposes of inspection, audit, and copying. The Contractor will, at no cost to City, provide proper facilities for such access, inspection and copying purposes.

B. Contractor agrees to include and make the requirements of Section 00700-4.07, Audits and Access to Records, applicable to all Subcontracts and Sub-subcontracts or purchase orders in excess of $10,000, at any tier.

C. Audits conducted pursuant to Section 00700-4.07, Audits and Access to Records. A will be in accordance with general accepted auditing standards and established procedures and guidelines of the reviewing or audit agency.

D. The Contractor agrees to provide all information and reports resulting from access to records to City and other affected parties.

E. Records must be maintained and made available during the performance of the Work and for five (5) years after Final Payment, and until final settlement of all Disputes, Claims, or litigation, whichever occurs later. In addition, those records which relate to any portion of this Contract, to any Change Order, to any Dispute, to any litigation, to the settlement of any Claim arising out of such performance, or to the cost or items to which an audit exception has been taken, must be maintained and made available until Final Payment or final resolution of such Dispute, litigation, Claim, or exception, whichever occurs later.

CONTRACTING REQUIREMENTS
May 2026 00700 - 29 City of Yuba City
General Conditions Septage Hauling and Receiving Station F. The right of access provisions of Section 00700-4.07, Audits and Access to Records, applies to all financial records pertaining to this Contract:

1. to the extent the records pertain directly to Contract performance;

2. to the extent required for verification of the costs incurred where such costs are the basis for billings pursuant to this Contract including Change Orders;

3. to the extent there is any indication of violation of the California False Claims statute or that fraud, gross abuse, or corrupt practices may be involved;

4. if the Contract is terminated for default or convenience.

G. Access to records is not limited to the required retention periods. City’s Representative or designee will have access to records at any reasonable time for as long as the records are maintained.

H. Pursuant to California Government Code §8546.7, if the amount of public funds to be expended is in excess of $10,000, this Contract will be subject to the examination and audit of the State Auditor, at the request of the City, or as part of any audit of the City, for a period of three (3) years after final payment under the Contract.

4.08 USE AND PROTECTION OF CITY’S SITE AND ADJACENT PROPERTY A. With the approval of the City and where applicable, the Contractor may use portions of the City’s Site for storage of construction equipment, materials, and field offices. Any Work site office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances and regulations.

The cost of such Work site office facilities shall be included in the Contract Price. The City will not accept any responsibility for damage to or loss of the Contractor's equipment or materials stored on any Project related Site caused by vandalism, theft, nature, or otherwise, suffered by the Contractor.

Protection of all construction equipment, stores, and supplies shall be the sole responsibility of the Contractor. Where additional work space is desired by the Contractor or where the City cannot provide the space to the Contractor, it shall be the Contractor's sole responsibility and expense to obtain such a space for its use.

B. All workers or representatives of the Contractor, subcontractors, or suppliers are admitted to the Site only for the proper execution of the Work in accordance with the Contract Documents. Furthermore, no persons may occupy property owned by the City outside the limit of the Work, as indicated on the drawings, without the express written permission of the City.

C. The Contractor shall enforce any instructions from the City or Construction Manager regarding combustible materials, placement of signs, danger signals, barricades, radios, noise, dust, use of City’s restrooms and shower facilities, and smoking. Upon completion of the Work, the Contractor shall remove all temporary barricades, signs, and related materials. No advertising signs shall be erected at the Site(s) of the Work.

D. The Contractor shall determine safe loading capacities and shall not overload any structure, building, pipe, or other existing facility beyond its safe capacity during construction. In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin and protect as may be necessary all foundations and other parts of all existing structures, facilities and improvements on the Site or adjacent to the Site which are in any way affected by the Contractor’s excavations or other operations connected with the Work. Prior to commencing any work which in any way affects adjoining or adjacent land or buildings thereon, or public utilities, the Contractor shall notify the Construction Manager to discuss responsibilities for properly notifying the owners/occupants of adjacent land and the protective measures taken by the Contractor. Upon request of the Construction Manager, the Contractor shall meet with the recipient of any notice or attend local public meetings as proper public outreach on local impacts caused by completion of the Work.

E. The Contractor shall take all necessary precautions to protect existing facilities against the effects of all weather and environmental elements and Contractor shall be strictly liable for failure to protect any facility.

F. All existing improvements and facilities shall be protected from any damage resulting from the operations, equipment, or workers of the Contractor during the entire Contract Time.

CONTRACTING REQUIREMENTS
May 2026 00700 - 30 City of Yuba City
General Conditions Septage Hauling and Receiving Station G. The Contractor shall take all steps necessary to protect all structures, buildings, land, and other facilities from fires and sparks originating from the Work. The Contractor shall comply with all laws and regulations regarding fire protection and shall comply with all instructions given by the fire department with jurisdiction.

H. Any damage to existing conditions, or to any other improvement or property above or below the ground surface, whether public or private, arising from the Contractor’s operations or performance of the Work shall be repaired within forty-eight (48) hours by the Contractor without expense to the City, unless disruption of the City’s operations or creation of a safety hazard has occurred, in which case damage will be repaired immediately. The forty eight (48) hour non-emergency repair response time may be extended only if agreed to in writing by the City and/or private property owner. Any delays to the project completion times caused by such repairs shall be considered non-compensable and no further extension of the Contract Time will be granted therefor. Should the Contractor fail to timely repair damage caused by its operations or performance in accordance with this Section, the City may take steps to protect property and life, in its sole discretion, and deduct entire cost of such work from amounts due or that may become due the Contractor. No prior notice to the Contractor shall be necessary for the City to take such action.

I. The Contractor shall give at least 72 hours advance notice to the City before commencing any street work (such as pavement grinding or trenching) that may potentially damage any traffic signal detection loop wires or any other signal facility. This requirement is in addition to any Underground Services Alert notification action by the Contractor. The City will mark underground traffic signal facilities. The Contractor shall not proceed with any grinding, trenching, or other underground work until it has been verified with the Inspector that signal facilities have been marked. The Contractor shall be responsible for all damage to traffic signal facilities arising from failure to properly comply with these provisions.

J. In the event that the Contractor's construction activities cause any failure of a traffic facility, it shall be repaired and be made fully operable within 24 hours of the damage occurring. In the event that such repair is not undertaken within this time limit, the City will repair the facility and deduct the cost from monies due to the Contractor. The amount deducted will consist of the repair cost and a 25% markup for administrative costs.

4.09 FEES AND PERMITS
A. The California Environmental Quality Act (CEQA) (Public Resources Code, §21000 and following), may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provision of those statutes in obtaining such permits, licenses, and other authorizations, and they shall be obtained in sufficient time to prevent delays in the Work. In the event that the City has obtained permits, licenses, or other authorization applicable to the work in conformance with the requirements of CEQA, the Contractor shall comply with the provisions of these permits, licenses, and other authorizations.

4.10 PROVISIONS FOR HANDLING EMERGENCIES
A. It is possible that emergencies may arise during the progress of the Work, which may require special treatment or make advisable extra shifts of labor forces to continue the Work for twenty four (24) hours per day. These emergencies may be caused by damage or possible damage to nearby existing structures or property by reason of the work under construction, or by storm, accidents, or leakage. The Contractor shall be prepared in case of such emergencies to make all necessary repairs and shall promptly execute such work when required by the Construction Manager. The determinations made by the Construction Manager for handling emergencies shall be final and conclusive upon the parties.

Upon start of the Work, Contractor shall provide means for immediate emergency notification of Contractor’s designated representative and designated emergency alternates.

4.11 STANDARD AND NONSTANDARD WORKING HOURS
A. Work hours shall conform to all applicable Federal, State, County, and local laws, ordinances, and codes applicable to the Work. Where any of these laws are in conflict, the more stringent requirements shall be followed.

CONTRACTING REQUIREMENTS
May 2026 00700 - 31 City of Yuba City
General Conditions Septage Hauling and Receiving Station B. All work shall be performed during the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday. This restriction includes deliveries of materials and equipment and servicing of construction equipment on the Project Site. Any work outside this time frame shall be allowed only with prior written permission from the City’s Representative. The actual time the City’s personnel, Construction Manager or Engineer spend working outside this time frame shall be billed to the Contractor at the personnel’s standard charge out rate. Any work designated to have a special time frame shall be so noted on the Plans and/or elsewhere in these Specifications and shall be excluded from this reimbursement.

C. The Contractor may be required to prosecute the Work at night or outside of the standard working hours defined in 4.11.B above. Such work may be required due to project and/or operational constraints as defined in the Contract Documents, or if emergencies arise as provided for in Section 00700-4.10, Provisions for Handling Emergencies. When required, ordered, or permitted to work at night, the Contractor shall provide sufficient and satisfactory lighting and other facilities therefor. Subject to applicable law, for work outside of the normal working hours, the Contractor shall receive no extra payment, but compensation shall be considered as having been included in the price stipulated for the Work, except for authorized work performed outside of the Contract requirements.

D. Should the Contractor perform work outside of the standard hours of 7:00 a.m. and 6:00 p.m., Monday through Friday without the City’s written permission, the City will charge the Contractor, as a penalty, five hundred dollars ($500.00) for each infraction. This charge will be deducted from the next progress payment due Contractor.

E. If by 9:00 a.m. each and every work day the Contractor is not going to perform any work, the Contractor is to review the entire Site, considering all situations, and notify the Construction Manager that the Site has been reviewed and the Site is secure. Should any mitigation be necessary, the Contractor should also advise the Construction Manager.
**END ARTICLE 4**

CONTRACTING REQUIREMENTS
May 2026 00700 - 32 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 5 - SUBCONTRACTORS

5.01 SUBLETTING AND SUBCONTRACTING
A. The Contractor must adhere to the rules governing subcontracting as set forth in the Subletting and Subcontracting Fair Practices Act, commencing with Public Contract Code §4100. Subcontractor substitutions must be in accordance with provisions of the Subletting and Subcontracting Fair Practices Act, beginning with Public Contract Code §4100. Violations of this Act by the Contractor may subject the Contractor to penalties and disciplinary action pursuant to the Subletting and Subcontracting Fair Practices Act.

B. The Contractor is responsible for all Work performed pursuant to the requirements of the Contract Documents, including Work Subcontracted to others. All persons engaged in the Work of the Project are the responsibility of and subject to the control of the Contractor.

C. No Subcontractor will be recognized as such, and all persons engaged in the Work will be considered as employees of Contractor who is responsible for their work, which is subject to all the provisions of the Contract Documents.

D. When any Subcontractor fails to execute a portion of the Work in a manner satisfactory to City, the Contractor must remove such Subcontractor immediately upon written notice from City, and the Subcontractor must not again be employed on the Project.

E. Although the Contract Documents are divided into Sections, Articles, Parts, Sub-Parts and Divisions, Sections, and Paragraphs, it is not intended to provide a basis for the Bidding, assignment, or performance of the Work. Contractor is fully responsible for assigning the Work to the various Subcontractors, Suppliers and vendors that will be bidding or performing the Work. The City will not entertain requests to arbitrate disputes among Subcontractors or between the Contractor and Subcontractor(s) concerning responsibility for performing any part of the Work.

5.02 SUBCONTRACTOR’S CONTRACTUAL OBLIGATIONS
A. By an appropriate agreement, Contractor shall require each Subcontractor, to the extent of that Subcontractor’s work, to be bound to Contractor by the terms of the Contract, and to assume toward Contractor all the obligations and responsibilities which Contractor, by these Contract Documents, assumes toward City.

B. Said subcontracts and agreements must preserve and protect City’s rights pursuant to the Contract with respect to the Subcontractor’s or Suppliers Work so the subcontracting thereof will not prejudice such rights. Contractor must require each Subcontractor to enter into similar agreements with its Sub subcontractors.

C. Contractor must make available to each proposed Subcontractor and Supplier, prior to execution of the subcontract or agreement, copies of the Contract Documents to which the Subcontractor or Supplier will be bound and, upon written request of the Subcontractor or Supplier, identify to the Subcontractor or Supplier any terms and conditions of the proposed subcontract or agreement that may be at variance with the Contract. Each Subcontractor must similarly make copies of all such Documents available to its proposed Sub subcontractors.

D. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Construction Manager that the subcontractor is properly licensed for the work it will perform.

E. Each subcontract agreement shall expressly incorporate by reference the Contract Documents, including the following provisions:

1. Each subcontractor shall carry insurance as required by the Contract Documents, and provide evidence of such insurance, as provided in Section 00700- Article 13, Insurance and Indemnification.

CONTRACTING REQUIREMENTS
May 2026 00700 - 33 City of Yuba City
General Conditions Septage Hauling and Receiving Station

2. Each subcontractor shall be obligated to defend, indemnify, and hold harmless the City and additional insureds listed in Section 00700- Article 13, Insurance and Indemnification, from all claims arising from the subcontractor’s portion of the Work in the same manner as Contractor.

3. Each subcontract shall include language assigning the subcontract to the City in the event City terminates Contractor. The assignment shall be effective at City’s discretion. The Contractor hereby assigns to the City each Subcontract entered into by Contractor for performance of any part of the Work provided that:

The assignment is effective only after the City’s termination of the Contractor’s right to proceed under the Contract Documents, (or portion thereof relating to that Subcontract), see Section 8.10, City’s Right to Terminate Contract;
The assignment is effective only for the Subcontracts which the City expressly accepts by notifying the Subcontractor in writing;
The assignment is subject to the prior rights, if any, of the Surety, where the Surety exercises its rights to complete the Contract;
After the effectiveness of an assignment, the Contractor shall, at its sole cost and expense, sign all instruments and take all actions reasonably requested by the City to evidence and confirm the effectiveness of the assignment to the City; Nothing in this paragraph shall modify or limit any of the Contractor’s obligations to the City arising from acts or omissions occurring before the effectiveness of any Subcontract assignment, including but not limited to all defense, indemnity and hold harmless obligations arising from or related to the assigned Subcontract; and The City may accept the assignment at any time during the course of the Work and prior to Final Completion in the event of a suspension or termination of Contractor’s rights under the Contract Documents. Such assignment is part of the consideration to the City for entering into the Contract with the Contractor and may not be withdrawn.

5.03 CONTROL OF SUBCONTRACTORS
A. Subcontractors will not be recognized as having a direct relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of the Contractor and their work shall be subject to the provisions of the Contract.

References in the Contract Documents to actions required of subcontractors, manufacturers, suppliers, or any person other than the Contractor, the City or the Construction Manager shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier or person to perform the specified action.

B. Contractor must:

1. Schedule and coordinate the Work of all Subcontractors;

2. Instruct all Subcontractors to consult with other Subcontractors to ascertain the locations of their various materials including stored materials and to familiarize themselves with their own material locations, making such changes as required to obtain the best results;

3. Instruct all Subcontractors to schedule their Work and cooperate with the other Subcontractors to avoid delays, interferences, and unnecessary work, to conform to the schedule of operations as indicated in the Official Progress Schedule, and make Installations when and where directed.

4. Make all necessary changes, including removing and reinstalling of materials, at their sole expense if they fail to check with other Subcontractors, and their Installed Work is later found to interfere with Work of other Subcontractors.

5. Follow up to ensure that all Subcontractors install their Work when and where directed. **END ARTICLE 5**

CONTRACTING REQUIREMENTS
May 2026 00700 - 34 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 6 - CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS

6.01 CITY’S RIGHT TO PERFORM CONSTRUCTION AND AWARD SEPARATE CONTRACTS A. City has the right to perform work at any time related to the Project with its own forces and/or to Award separate contracts in connection with other portions of the Project or other work on the Site pursuant to these or similar conditions of this Contract.

B. When separate contracts are awarded for different portions of the Project or other work on the Site, the term contractor in the Contract Documents in each case means the contractor who executes each separate City/Contractor Agreement.

6.02 COOPERATION WITH CITY’S FORCES AND OTHER CONTRACTORS EMPLOYED BY CITY A. Unless otherwise indicated in the Contract Documents, City will provide for the coordination of the work of City’s own forces and of each separate contractor with the Work of the Contractor, who must cooperate therewith as provided herein.

B. When Contractor and one or more other contractors are employed by City on related or adjacent work, Contractor must not cause any unnecessary delay or hindrance to the other contractors.

C. If the performance of the Work of this Contract is likely to be interfered with by the simultaneous performance of the work of some other separate contract or contracts, the City will decide which contractors or Contractor may proceed.

D. Contractor must accommodate City move-in activities including installation of Furniture, Fixtures, and Equipment by City or others.

6.03 MUTUAL RESPONSIBILITY
A. The Contractor must cooperate fully with City and all separate contractors including utility companies with regard to the execution of their Work as follows:

1. The Contractor must cooperate fully with City and all separate contractors with regard to introduction and storage of their materials and equipment.

2. The Contractor must coordinate with City, all separate contractors, and all utility companies with regard to construction scheduling, sequence of operations and Site access, all subject to approval of the City. Contractor must include activities in Contractor’s Progress Schedule for all on-site activities performed by utility companies.

3. The Contractor must coordinate and accommodate the concurrent installation of inserts, hangers, blocking, and all other items or embeds to be installed by others within or upon the Contractor’s Work. The Contractor must coordinate and schedule the concurrent installation of these items in such a manner to cause no Critical Path delay to its Work or the work of others.

4. The Contractor must properly connect the Work to the work of City or the separate contractors.

5. The Contractor must inspect the work of City or other contractors affecting the Work and promptly report to the City in writing irregularities or defects in the separate work that render it unsuitable for reception or connection of the Work.

6. Failure of the Contractor to inspect and report constitutes acceptance of the other work as fit and proper to receive the Work, except as to defects that may develop in the other work after execution of the Contractor’s Work.

6.04 CITY’S RIGHT TO CLEAN UP
A. If a disagreement or Dispute arises among the Contractor, separate contractors and/or City as to the responsibility pursuant to their respective contracts for maintaining the Project Site and surrounding areas free from waste materials and rubbish, City may clean up or cause to be cleaned up the waste, materials, and rubbish and allocate the costs among those responsible, and deduct each contractor’s share from progress payments due or to become due to each contractor. **END ARTICLE 6**

CONTRACTING REQUIREMENTS
May 2026 00700 - 35 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 7 - CONTROL OF THE WORK AND MATERIALS

7.01 MEANS, METHODS AND APPLIANCES
A. The means, methods, and appliances adopted by the Contractor shall be planned and executed to produce the highest grade quality of work and will enable the Contractor to complete the Work in the time agreed upon. The City and Construction Manager shall not supervise, direct, or have control over, or be responsible for, Contractor’s means, methods and appliances of construction or for the safety precautions and programs incident thereto, or for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performance of Work. However, if at any time the means, methods and appliances appear inadequate or of inferior quality, the Construction Manager may order the Contractor to improve their character or efficiency, and the Contractor shall conform to such order; failure of the Construction Manager to order such improvement of methods of efficiency will not relieve the Contractor from its obligation to perform satisfactory work and to finish the Work in the time agreed upon.

B. The approval by the Engineer of any drawing or any method of work proposed by Contractor does not relieve Contractor of responsibility for any errors and is not an assumption of risk or liability by City or any City officer or employee. Contractor has no claim under the Contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval by the Engineer merely means that the Engineer has no objection to Contractor’s using, at Contractor’s sole responsibility and risk, the plan or method Contractor proposes.

C. Subject to the Contract Times specified in the Contract Documents, the Contractor is solely responsible for planning and scheduling the means, methods, and appliances to address weather conditions that may occur during the course of the Work. The Contractor is solely responsible for all costs to address such means, methods, and appliances and for the direct and indirect costs resulting from weather conditions

7.02 CONTRACTOR’S RESPONSIBILITY FOR WORK
A. Until the formal acceptance of the work by the City, the Contractor shall have the charge and care and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or non-execution of the work.

B. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense, except such injuries or damages occasioned by the acts of the Federal government or acts of war.

C. In case of suspension of work from any cause whatsoever, the Contractor shall be responsible for the work as previously specified and shall also be responsible for all materials delivered to the work. Where necessary to protect the work from damage, the Contractor shall, at his own expense, provide suitable drainage of the worksite and erect such temporary structures as necessary to protect the work from damage during any period of suspension of work.

D. The Contractor shall provide twenty-four (24) hour emergency service for all maintenance and operations of the work specified and shall supply the City with the name and phone number of the responsible person. Emergency service shall be within thirty (30) minutes from the time of notification.

If the Contractor fails to provide this service, the City shall perform such emergency service and the cost thereof shall be deducted from the next progress pay estimate due the Contractor.

7.03 SUPPLY OF SUFFICIENT WORKERS
A. The Contractor shall at all times employ qualified workers sufficient to prosecute the Work at a rate and in a sequence and manner necessary to complete the Work within the Contract Time(s). This obligation shall remain in full force and effect notwithstanding disputes or claims of any type. At any time during the progress of Work, should Contractor directly or indirectly (through subcontractors), refuse, neglect, or be unable to employ a sufficient number of qualified workers to prosecute the Work as required, then the City may require the Contractor to accelerate the Work and/or furnish additional qualified workers as City may consider necessary, at no cost to City.

CONTRACTING REQUIREMENTS
May 2026 00700 - 36 City of Yuba City
General Conditions Septage Hauling and Receiving Station B. If Contractor does not comply with the notice within five (5) days of date of service thereof. City shall have the right (but not a duty) to provide qualified workers to finish the Work or any affected portion of Work, as City may elect. City may at its discretion, exclude Contractor from the Site, or portions of the Site or separate Work elements during the time period that City exercises this right. City will deduct from moneys due or which may thereafter become due under the Contract Documents, the sums necessary to meet expenses thereby incurred and paid to persons doing Work. City will deduct from funds or appropriations set aside for purposes of Contract Documents, the amount of such payments and charge them to Contractor as if paid to Contractor. Contractor shall remain liable for resulting delay, including liquidated damages and indemnification of City from claims of others.

C. Exercise by City of the rights conferred upon City in this Section 00700, General Conditions, is entirely discretionary on the part of City. City shall have no duty or obligation to exercise the rights referred to in Section 00700-7.03, Supply of Sufficient Workers, and its failure to exercise such rights shall not be deemed an approval of existing Work progress or a waiver or limitation of City's right to exercise such rights in other concurrent or future similar circumstances. The rights conferred upon City under Section 00700-7.03, Supply of Sufficient Workers, are cumulative to City's other rights under any provision of the Contract Documents.

7.04 MATERIALS AND WORKMANSHIP
A. Unless otherwise indicated in these Specifications, or favorably reviewed by the Design Engineer, materials and equipment for the construction work shall be the best grade in quality of a manufacturer regularly engaged in the production of such materials and equipment or materials and equipment of comparable character. All materials must be of the specified quality and equal to approved samples, if samples have been submitted. All work shall be done and completed in the best workmanlike manner.

All permanent materials and equipment shall be new unless otherwise specified.

B. All defective work or materials shall be promptly removed from the premises by the Contractor, whether in place or not, and shall be replaced or renewed in such manner as the Construction Manager may direct. All materials and workmanship of whatever description shall be subjected to the inspection of, and rejection by, the Construction Manager if not in conformance with the Contract Documents. The decision of the Construction Manager is final and conclusive upon the parties.

C. Unless otherwise stipulated in the Contract Documents, any defective material or workmanship, or any unsatisfactory or imperfect work which may be discovered before the final acceptance of the Work or within one (1) year thereafter, shall be corrected immediately upon the receipt of notice from the Construction Manager, without extra charge, notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described.

D. In the event that the Contractor shall fail to comply with the conditions of the foregoing guarantee, and other contractual warranty provisions, within ten (10) calendar days’ time after the date of written notification of the defect, the City shall have the right, but shall not be obligated to repair, or obtain the repair of, the defect and the Contractor shall pay to the City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the health or safety, or any property interest, or any person, the City shall have the right to immediately repair, or cause to be repaired, such defect, and the Contractor shall pay to the City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of the City.

7.05 USE OF MATERIALS FOUND ON THE PROJECT SITE
A. The City does not warrant the suitability of any native material on the Project Site for use in the Project.

The Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material as may be found on the Project Site and deemed suitable in the opinion of the Engineer. The Contractor shall replace at his own expense all of that portion of the material so removed and used with other suitable material. No charge for native materials so used will be made against the Contractor. The Contractor shall not excavate or remove any material from any roadway

CONTRACTING REQUIREMENTS
May 2026 00700 - 37 City of Yuba City
General Conditions Septage Hauling and Receiving Station location that is not within the excavation, as indicated by the slope and grade lines shown on the Contract Drawings, without written authorization from the Engineer.

7.06 EXISTING UTILITIES
A. General:

1. The location of known existing utilities and pipelines are shown on the Drawings 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 on the Site of the Project 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.

2. The City will assume the responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the Project Site if such utilities are not identified by the City in the Contract Documents or which cannot reasonably be inferred from the presence of other visible facilities.

B. Utility Relocation:

1. 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 nor for repair to damaged utilities if the Contractor does not expose all such existing utilities as required by this Section.

2. The locating of utilities shall be in conformance with California Government Code §4216 et seq. except for the City’s utilities located on the City’s property and not on public right-of-way.

3. A “High Priority Subsurface Installation” is defined in §4216 (j) as “high-pressure natural gas pipelines with normal operating pressures greater than 415kPA gauge (60 psig) or greater than six inches nominal pipe diameter, petroleum pipelines, pressurized sewage pipelines, highvoltage 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.”

4. A “Subsurface Installation” is defined in California Government Code §4216(s) 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.”

5. Pursuant to California Government Code §4216.2 the Contractor shall contact the appropriate regional notification center at least two (2) working days but not more than fourteen (14) calendar 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 Construction Manager written documentation of its contact(s) with the regional notification center prior to commencing excavation at such locations.

6. 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 Construction Manager shall be given notice prior to commencing potholing operations. The Contractor shall uncover all piping and conduits, to a point one (1) foot below the pipe when required by the City, 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.

7. The Contractor's attention is directed to the requirements of California Government Code §4216.2 (c) 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 to set up an onsite meeting prior to the legal excavation start date and time or at a mutually agreed upon time to determine actions or activities required to verify the location and prevent damage to the high priority subsurface installation. As part of the meeting, the excavator shall discuss with the operator the method and tools that will be

CONTRACTING REQUIREMENTS
May 2026 00700 - 38 City of Yuba City
General Conditions Septage Hauling and Receiving Station used during the excavation and the information the operator will provide to assist in verifying the location of the subsurface installation. The excavator shall not begin excavating until after the completion of the onsite meeting.” The Contractor shall notify the Construction Manager in advance of this meeting.

C. Utility Relocation and Repair:

1. If interferences occur at locations other than those indicated in the Contract Documents with reasonable accuracy, the Contractor shall notify the Construction Manager in writing. The Construction Manager will supply a method for correcting said interferences in accordance with the responsibilities of this Section and California Government Code §4215.

2. 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, the Contractor shall call 911 emergency services.

3. The 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 Section 00700-Article 9, Changes in the 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 Section 01324, Progress Schedules and Reports.

4. 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 hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility.

5. 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 Agreement.

6. 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.

7. All Underground Services Alert (USA) markings on concrete or asphaltic pavement or other structures shall be removed when they are no longer required. Acceptable means of removal include sand blasting or high pressure water blasting.
**END ARTICLE 7**

CONTRACTING REQUIREMENTS
May 2026 00700 - 39 City of Yuba City
General Conditions Septage Hauling and Receiving Station ARTICLE 8 - PROGRESS OF THE WORK AND TIME

8.01 COMMENCEMENT OF THE WORK
A. Within ten (10) calendar days after receipt of the required bonds and evidences of insurance and the executed Agreement from the Contractor, written Notice to Proceed will be given by the City to Contractor. Notwithstanding other provisions of the Contract, the Contractor shall not be obligated to perform work, and the City shall not be obligated to accept or pay for work performed by the Contractor, prior to Notice to Proceed. The Contractor shall provide the required Contract bonds and evidences of insurance prior to Notice to Proceed and commencing work at the Site.

B. The Contractor shall commence the Work covered by this Contract within ten (10) days after the date established in the Notice to Proceed for the commencement of Contract Time.

C. The Contractor shall give the Construction Manager written notice not less than two (2) working days in advance of the actual date on which the work will be started. The Contractor shall be entirely responsible for any delay in the work which may be caused by its failure to give such notice.

8.02 CONTRACT TIME
A. Time is of the essence in the performance of this Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Sections 00510, Agreement, and 00800, Supplementary General Conditions. It is expressly understood and agreed by and between the Contractor and the City that the Contract Time for completion of the Work described herein is a reasonable time taking into consideration the general climatic and economic conditions and other factors prevailing in the locality and the nature of the Work. The Contractor is hereby advised that the Contractor’s Bid is to be based on the entire Contract Time and the Contractor shall include its field and home office overhead costs in the Bid for the entire Contract Time.

8.03 DELAYS
A. Notice of Delays

1. When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Construction Manager in writing of the probability of the occurrence of the delay, and its cause. The Contractor shall provide this notice no later than five (5) calendar days after the occurrence of such delay, including weather delays as specified herein. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which the Construction Manager is not notified of within the time specified herein.

Contractor further agrees that Contractor shall not be permitted any additional time for completion of the Work or any additional compensation as a result of delay unless Contractor notifies the Construction Manager of the delay within the time specified herein.

B. Non-Excusable Delays

1. Non-excusable delays in the prosecution of the Work shall include delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. The Contractor shall receive no compensation or time extension for such delay.

C. Excusable Delays

1. Excusable delays in the prosecution or completion of the Work shall include delays to the Critical Path which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. The Contractor shall receive no compensation for such delay.

Abnormal Delays- Delays caused by a Force Majeure Event shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with the Work for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule.

CONTRACTING REQUIREMENTS
May 2026 00700 - 40 City of Yuba City
General Conditions Septage Hauling and Receiving Station Weather Delays- Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy five (75) percent of the normal labor and equipment force engaged in the current critical activity item(s), (as shown on the latest CPM Progress Schedule accepted by the Construction Manager), for a period of at least five (5) hours per day toward completion of such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. An allowance of three (3) working days of weather caused delay have been included in the time allowed for completion.

These weather days shall be included in the Contractor’s schedule as specified in Section 01324-1.08, Weather Conditions and Weather Day Allowance.

Material Critical Supply Shortages- Upon the submission of satisfactory proof to the Construction Manager by the Contractor, Critical Supply Shortage of material may be acceptable as grounds for granting a time extension. See definition of Critical Supply Shortage in Article 1.02, Definitions of Words and Terms. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work.

D. Compensable Delays

1. Compensable delays in the prosecution or completion of the Work shall include delays that occur through no fault of the Contractor or its subcontractors and prevent the Contractor from proceeding with the Work for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following cause(s):

Delays due solely to the actions and/or inactions of the City.

Delays due to differing Site conditions as defined in Section 00700-9.02.G, Differing Site Conditions.

Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the Work as defined above.

E. Concurrent Delays

1. Concurrent delays are those delay periods when the prosecution of the Work is delayed during the same period of time due to causes from a combination of the delays defined in Sections 00700-

8.03.B, Non-Excusable Delays, 00700-8.03.C, Excusable Delays, or 00700-8.03.D, Compensable Delays. During such concurrent delay periods, time extensions will be granted in accordance with Section 00700-8.04, Time Extensions; however, the Contractor will be granted a noncompensable time extension, shall not be compensated for its overhead costs as defined in section 00700-8.05, Indirect Overhead and the City shall not assess its actual costs as defined in Section 00700-8.04.A, Non-Excusable Delays.

F. Critical Activity

1. The definition and application of the term “critical activity” and “critical path” as used in Section

8.03, Delays, and 8.04, Time Extensions, is specified in Section 01324, Progress Schedules and Reports.

8.04 TIME EXTENSIONS
A. Non-Excusable Delays

1. The City, at its sole option, may grant an extension of time for milestone or completion dates for non-excusable delays if the City deems it is in its best interest. If the City grants an extension of time for non-excusable delays, the Contractor agrees to pay the City's actual costs, arising from the delay, including charges for engineering, inspection, and administration incurred during the extension, as determined by City.

B. Excusable or Compensable Delays

1. If the Contractor is delayed in the performance of its work as defined in Sections 00700-8.03.C, Excusable Delays, or 00700-8.03.D, Compensable Delays, then milestone and Contract completion dates may be extended by the City for such time that, in the City's and Construction

CONTRACTING REQUIREMENTS
May 2026 00700 - 41 City of Yuba City
General Conditions Septage Hauling and Receiving Station Manager's determination, the Contractor's completion dates will be delayed, provided that the Contractor strictly fulfills the following:

The Contractor shall provide notification, in accordance with Paragraph 00700 8.03.A, Notice of Delays, and submit in writing a request for an extension of time to the Construction Manager stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Section 01324, Progress Schedules and Reports.

If requested by the Construction Manager, the Contractor shall promptly provide sufficient information to the Construction Manager to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the Work.

Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Section 00700-8.03.C.1.b, Weather Delays, over and above an allowance as provided for in Section 01324, Progress Schedules and Reports.. No time extensions for weather delays will be granted until the total number of weather days exceeds this allowance. The provisions of paragraphs a. and b. above also apply to Weather Delays. Both the use of the Weather Day allowance and the granting of additional days to the Contract due to weather require an actual impact to the critical path as defined below and in Section 01324, Progress Schedules and Reports.

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

3. During such extension of time, neither extra costs incurred by the City for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and City that time extensions due to excusable or compensable delays will be granted only if such delays involve an impact to the Critical Path that would prevent completion of the whole Work within the specified Contract time. Attention is directed to Section 01324, Progress Schedules and Reports, regarding the use of float in the Project schedule as related to time extensions.

4. Should the Contractor fail to complete the Work within the time specified in the Contract, as extended in accordance with this Section if applicable, the Contractor shall forfeit and the City may recover liquidated damages in accordance with Section 00700-8.06, Liquidated Damages.

5. Upon Contractor’s submittal of satisfactory proof to Construction Manager of a Force Majeure event causing an unavoidable Controlling Operation delay, the delay shall be considered an Excusable Delay. Any claim by Contractor to classify a Force Majeure event as a Compensable Delay shall be handled pursuant to Article 11, Protests, Disputes and Claims. See definition of Force Majeure in Article 1.02, Definitions of Words and Terms.

8.05 INDIRECT OVERHEAD
A. The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Section 00700-8.03.D, Compensable Delays, only when such delay involves an impact to the Critical Path that would prevent completion of the whole Work within the specified Contract Time. However, no reimbursement for indirect overhead shall be made for compensable delays which occur during a concurrent delay as defined in Section 00700-8.03.E, Concurrent Delays.

If it is mutually agreed that the allowable markups provided for in Section 00700-Article 9, Changes in the Work, do not provide equitable compensation for the Contractor’s indirect overhead expenses then the adjustments provided for under this Section shall be applied and the change order markups in 00700-Article 9, Changes in the Work, reduced to reflect the compensation provided by this Section.

As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Section 00700-8.04.B, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses.

B. Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the work following the depletion of the original Contract period and any time extensions granted other than compensable time extensions.

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1. For those allowable delay periods as defined in Section 00700-8.05, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on:

Actual invoice costs for on-Site field offices, storage vans and temporary utilities.

Actual labor costs, as determined consistent with Section 00700-9.03.A.1, Direct Field Labor for office staff labor.

Fair rental values acceptable to the Construction Manager as described in Section 00700-

9.03.A.3, Construction Equipment, for construction equipment idled due to the delay.

8.06 LIQUIDATED DAMAGES FOR FAILURE TO MEET COMPLETION DATES A. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in Sections 00510, Agreement, and 00800, Supplementary General Conditions, and required milestone work in Sections 00510 and 00800, herein, plus any extensions thereof allowed in accordance with Section 00700-8.04, Time Extensions. It is hereby understood and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage which the City will sustain in the event of and by reason of the Contractor’s failure to fully perform the Work or to fully perform all of its contract obligations that have accrued by the time for completion as specified in Sections 00510 and 00800, herein and/or as specified for completion of any scheduled operations or works described in the Contract Documents. It is, therefore, agreed in accordance with California Government Code §53069.85 that the Contractor will forfeit and pay to the City liquidated damages in the amount set forth in Sections 00510 and 00800, per day for each and every calendar day that expires after the time for completion specified in Sections 00510 and 00800, herein and/or as specified for completion of any scheduled operations or works described in the Contract Documents, except as otherwise provided by extension of time pursuant to Section 00700-8.04, Time Extensions. It is further understood and agreed in accordance with California Government Code §53069.85 that the liquidated damages sum specified in this provision is not manifestly unreasonable under the circumstances existing at the time this Contract was made, and that the City may deduct liquidated damages sums in accordance with this provision from any payments due or that may become due the Contractor.

B. Liquidated damages will continue to accrue at the stated rate until Substantial Completion of the Work.

Accrued liquidated damages may be deducted by the City from amounts due or that become due to the Contractor for performance of the Work.

8.07 LIQUIDATED DAMAGES FOR PUBLIC HARDSHIP, NEGATIVE IMPACT, AND DAMAGE TO

EXISTING UTILITY MAINS
A. The liquidated damage provision described below is intended to compensate for the public hardship and negative impact resulting from the Contractor’s failure to comply with specific construction constraints, which are difficult to quantify despite the definite impact to the City. The assessment of liquidated damages under this provision shall not preclude recovery by the City of other damages subject to reasonable quantification, including consequential damages. The liquidated damages are separate and distinct liability from any other damages that are subject to quantification resulting from such Contractor activities, for which the Contractor also shall remain liable. Consequential and other damages not provided for by this liquidated damages provision may include, but are not limited to, firstand third-party claims for personal injuries and/or property damages, inverse condemnation, environmental claims, or regulatory fees or fines imposed in whole or in part due to Contractor’s acts or failures to act.

B. Liquidated damages shall be deducted from the progress payments or from any other monies due to or to become due the Contractor. If the payments due to the Contractor are less than the amount of such liquidated damages, the Contractor or its Surety shall pay the balance to the City.

C. The liquidated damages considered in this Section shall apply to the damages to the City that are difficult to quantify and that are caused by, among other causes, the Contractor’s failure to comply with the following requirements:

1. Traffic Control.

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2. Work Hours.

3. Site Cleanliness.

4. Public Notification.

5. Maintenance of Temporary Pavement.

6. Rights-of-Way Restrictions.

D. It is recognized that it is and will be impractical to ascertain and determine the exact amount of damages that the City will suffer as a result of the public hardship or negative impact. The factors relating to the impracticability of ascertaining a monetary value for such hardships or negative impacts include, but are not limited to, the fact that: (i) it is difficult to calculate all actual time spent by City staff, management, consultants, and other agency staff in dealing with the public hardship or negative impact; (ii) such public hardship or negative impact causes inconvenience, anxiety, and frustration to individual members of the general public in subjective ways and in varying degrees of intensity that bear on the City and that are incapable of measurement in precise monetary terms; (iii) the public hardship or negative impact is cumulative with each occurrence. Therefore, the Contractor and the City mutually agree that the amount set forth in Section 00800-1.2, Amount of Liquidated Damages, including the escalation amounts for repeated or protracted occurrences, is reasonable as a liquidated damage amount for each situation creating public hardship or negative impact. This liquidated damage provision is a separate and distinct liability from any other damages that are subject to quantification resulting from such Contractor activities, for which the Contractor also shall remain liable. Quantifiable damages may include, but shall not be limited to, repairs to damaged property, additional right-of-way compensation, or fines. Liquidated damages imposed shall be deducted from the progress payments or from any other monies due or to become due to the Contractor. If the payments due to the Contractor are less than the amount of such liquidated damages and actual damages, the Contractor or its Surety shall pay the balance to the City.

E. The Contractor shall be responsible for the discovery and protection of all existing underground utilities and installations in accordance with the Contract Documents.

F. If the Engineer determines that damage to an existing utility main is due to the Contractor’s noncompliance with the Contract Documents, or inadequate effort in discovering or protecting the utility main lines, ducts, or cables (excluding service lines), the Contractor shall be responsible for the quantifiable City expenses and damages, including without limitation consequential damages, time and resources spent by City staff, management, and consultants in dealing with such utility damage and impacts, and any and all costs related to repairs by the utility, resulting from such damage to the utility.

8.08 ACCELERATION OF WORK
A. City reserves the right to direct the Contractor to accelerate performance of the Work or any portion of the Work. No action or direction of City other than an express written Order by the City’s Representative to accelerate performance of the Work shall be construed by the Contractor to be direction to accelerate the Work.

B. If the Contractor believes that some action or inaction on the part of City constitutes an acceleration directive, the Contractor must immediately notify the City in writing that the Contractor considers the actions or inaction an acceleration directive. This written notification must detail the circumstances of the acceleration directive. Should the Contractor fail to provide timely written notice of any such acceleration directive prior to accelerating its performance of the Work, or any portion thereof, the Contractor waives the right to receive additional compensation for any acceleration costs incurred.

C. Contractor must keep Daily cost and other Project records related to the City’s acceleration Directive separate from other Project costs and records, and must submit a written Daily record of acceleration cost to City at the end of each Day.

D. Allowable labor costs are limited to overtime or shift premium costs. Allowable equipment costs are only the cost of added equipment mobilized to the Site to accomplish the accelerated Work effort.

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8.09 SUSPENSION OF WORK
A. If the Contractor fails to correct defective work as required by Section 00700-7.03, Supply of Sufficient Workers, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the City, by a written order of the City's representative or signed personally by an agent specifically so empowered by the City, in writing, may order the Contractor to stop the work, in its entirety or any portion thereof. In the event of a suspension of only a portion of the work, the Contractor is obligated to perform the portion of the work not suspended. The Suspension of Work shall remain in effect until the condition or cause for such order has been eliminated. The City’s concurrence that the condition or cause has been eliminated will be provided to the Contractor in writing. This right of the City to stop and suspend the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the City.

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

C. The City shall also have authority to suspend the Work wholly or in part, for such period as the City may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as directed by the City shall comply with the provisions in Section 00700-8.09, Suspension of Work, above. Such additional work shall be compensated as provided for in Section 00700-Article 9, Changes in the Work.

8.10 CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Default

1. If the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by the City based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor's act, or should any Subcontractor materially violate any of the provisions of the Contract Documents, or if the Contractor should persistently or repeatedly refuse or fail, except in cases for which an authorized extension of time is provided, to provide the required project management, supervision, quality control, and/or supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by City, or if the Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, the City may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of the City's intention to terminate the Contractor's performance under the Contract Documents. Said notice shall contain the reasons for such intention to terminate the Contractor's performance under the Contract Documents, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory arrangements for the corrections thereof have been made, the City may terminate Contractor's performance under the Contract Documents and the Contractor shall not be entitled to receive any further payment until the Work is finished. Preliminary notice of any or all of the foregoing may be provided to the Surety by or on behalf of City so as to enable it to investigate the contentions

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2. In the event of any such termination, the City shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Work. However, if the Surety, within five (5) days after the service of a notice of termination, does not give the City written notice of its intention to take over and perform the Work, the City shall serve a demand upon Surety that it perform its obligations under the Performance Bond. If within ten (10) calendar days after receipt of such demand Surety fails to take over the Work or otherwise perform under the Performance Bond, or if Surety serves such notice of its intent to take over and perform the Work and does not begin performance thereof within fifteen (15) days from the date of serving said notice, the City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to the City for any excess cost or other damage incurred by the City thereby. In such an event, the City may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for subcontractors and/or suppliers that may be on the worksite and be necessary to complete the Work. For any portion of such Work that City elects to complete by furnishing its own employees, materials, tools, and equipment, the City shall be compensated in accordance with the schedule of compensation for force account work as stated in Section 00700-Article 9, Changes in the Work.

3. If the Surety assumes the Contractor's terminated Work, it shall take the Contractor's place in all respects for that part and shall be paid by City for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract Documents.

4. Contractor hereby consents to assigning to the City and/or City's replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and every Subcontractor and/or supplier for such assignment prior to the commencement of each such Subcontractor's and/or supplier's conduct of the Work.

5. In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums Bid and the quantity of Work completed at the time of termination, less damages caused to the City by acts of the Contractor causing the termination, including but not limited to, all costs to the City arising from professional services and attorneys' fees and all costs generated to insure or bond the work of substituted Contractors or Subcontractors utilized to complete the Work, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the difference to the City promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by City. Any portion of such difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.

6. The Contractor and the City agree that nothing in this Section is intended to create a right of either party to recover attorney fees as prevailing party in any lawsuit on this Contract.

7. The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to City.

8. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, the City, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. If a Termination for Default is later determined to be wrongful,