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Home My WebLink AboutE-15 Staff Report - NIB Arrow Highway Street ResurfacingCONSENT ITEM E-15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: ROBERT DELGADILLO, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DATE: APRIL 18, 2022 SUBJECT: APPROVE THE IMPROVEMENT PLANS AND SPECIFICATIONS FOR THE ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT; FEDERAL PROJECT NO. HSIPL-5112(019) AND AUTHORIZE STAFF TO SOLICIT A NOTICE OF INVITING BIDS BACKGROUND: Arrow Highway is a major arterial which traverses the City of Azusa from the westerly city limit at Azusa Avenue to the easterly city limit at Citrus Avenue. The pavement on Arrow Highway Avenue is in need of repair. The proposed actions will approve the improvement plans and specifications, and authorize staff to solicit bids from qualified contractors to make the much- needed repairs and other infrastructure improvements. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Approve the project plans and specifications; and 2)Authorize staff to solicit a Notice of Inviting Bids for the Arrow Highway Street Resurfacing and Highway Safety Improvement Project; Federal Project No. HSIPL- 5112(019) APPROVED CITY COUNCIL 4/18/2022 Arrow Highway Street Resurfacing and Safety Improvement Project Notice of Inviting Bids April 18, 2022 Page 2 ANALYSIS: In 2017, the City of Azusa was awarded $545,111 through the Federal Highway Safety Improvement Program (HSIP) for the Arrow Highway Raised Medians Project. On April 3, 2017, the City Council adopted Resolution 2017-C-22 to enter into a master agreement, program supplement agreement, fund exchange agreement, and/or fund transfer agreement with Caltrans. The HSIP portion of the project will incorporate raised median islands with drought tolerant landscaping and irrigation. In addition, the non-federal portion of the project includes construction of dedicated left turn lanes, construction of ADA accessible curb ramps, latest standard signing and striping, resurfacing of the roadway, and reconstruction of damaged sidewalks along Arrow Highway from 500 feet west of Azusa Avenue to 855 feet east of Citrus Avenue. This project is expected to improve the overall safety along a corridor with high vehicle and pedestrian volumes. These improvements will reduce traffic collisions and improve traffic and pedestrian safety. The preliminary schedule is for construction to commence in July, 2022. FISCAL IMPACT: There is no fiscal impact associated with the recommended actions. Once lowest responsible bidder is selected, staff will prepare a staff report for City Council to award the project and identify appropriate funding sources. Prepared by: Reviewed by: Christina Curiel Robert Delgadillo, P.E. Public Works Project Manager Director of Public Works/City Engineer Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: 1) Project Improvement Plans and Specifications 2) Resolution 2017-C22 01/2022 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT FEDERAL PROJECT NO. HSIPL-5112 (019) PREPARED BY: Willdan Engineering 2401 East Katella Avenue, Suite 300 Anaheim, Ca 92806 (714) 978-8200 ____________________ Fredrick E. Wickman, P. E. P.E. 47979 Attachment 1 TABLE OF CONTENTS 01/2022 i TABLE OF CONTENTS Page 00 11 16 – NOTICE INVITING BIDS ........................................................................................... 5 00 21 13 – INSTRUCTIONS TO BIDDERS ................................................................................. 8 ARTICLE 1. SECURING DOCUMENTS ............................................................................. 8 ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS ............................ 8 ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS .............................. 8 ARTICLE 4. PRE-BID CONFERENCE ............................................................................... 9 ARTICLE 5. ADDENDA ...................................................................................................... 9 ARTICLE 6. ALTERNATE BIDS ......................................................................................... 9 ARTICLE 7. COMPLETION OF BID FORMS ...................................................................... 9 ARTICLE 8. MODIFICATIONS OF BIDS ............................................................................ 9 ARTICLE 9. SUBCONTRACTORS ................................................................................... 10 ARTICLE 10. LICENSING REQUIREMENTS ................................................................... 10 ARTICLE 11. BID GUARANTEE (BOND) ......................................................................... 10 ARTICLE 12. IRAN CONTRACTING ACT OF 2010 .......................................................... 10 ARTICLE 13. NONCOLLUSION DECLARATION ............................................................. 11 ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION ......................................................................................... 11 ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM ................................. 11 ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION ....................................... 11 ARTICLE 17. SIGNING OF BIDS ..................................................................................... 12 ARTICLE 18. SUBMISSION OF SEALED BIDS ............................................................... 12 ARTICLE 19. OPENING OF BIDS .................................................................................... 12 ARTICLE 20. WITHDRAWAL OF BID ............................................................................... 13 ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID .................................. 13 ARTICLE 22. SUBSTITUTION OF SECURITY ................................................................. 13 ARTICLE 23. PREVAILING WAGES ................................................................................ 13 ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 13 ARTICLE 25. INSURANCE REQUIREMENTS ................................................................. 14 ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS ....................................................................................... 14 ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ................................................................................ 14 ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE ........................................ 14 ARTICLE 29. FILING OF BID PROTESTS ....................................................................... 14 ARTICLE 30. BASIS OF AWARD; BALANCED BID ......................................................... 15 TABLE OF CONTENTS 01/2022 ii SPC21-12 TABLE OF CONTENTS (Continued) Page ARTICLE 31. AWARD PROCESS .................................................................................... 15 ARTICLE 32. EXECUTION OF CONTRACT .................................................................... 15 ARTICLE 33. QUESTIONS ............................................................................................... 16 00 41 43 – BID FORMS ............................................................................................................ 17 ARTICLE 1. INFORMATION ABOUT BIDDER ................................................................. 32 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) .............................................. 35 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS ....................... 36 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE ........................................................................................ 37 ARTICLE 5. VERIFICATION AND EXECUTION ............................................................... 38 00 52 13 – CONTRACT ............................................................................................................ 43 00 61 13 – BOND FORMS ........................................................................................................ 47 00 72 13 – GENERAL CONDITIONS ........................................................................................ 56 ARTICLE 1. DEFINED TERMS ........................................................................................ 56 ARTICLE 2. CONTRACT DOCUMENTS .......................................................................... 60 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ....................................................................................... 60 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE ............................ 61 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK ..................................................................................................... 61 ARTICLE 6. MOBILIZATION ............................................................................................ 61 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ........................................ 62 ARTICLE 8. SOILS INVESTIGATIONS ............................................................................ 63 ARTICLE 9. CONTRACTOR’S SUPERVISION ................................................................ 64 ARTICLE 10. WORKERS ................................................................................................. 64 ARTICLE 11. INDEPENDENT CONTRACTORS .............................................................. 64 ARTICLE 12. SUBCONTRACTS ...................................................................................... 64 ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY ...................................... 65 ARTICLE 14. REQUESTS FOR SUBSTITUTION ............................................................. 65 ARTICLE 15. SHOP DRAWINGS ..................................................................................... 66 ARTICLE 16. SUBMITTALS ............................................................................................. 67 ARTICLE 17. MATERIALS ............................................................................................... 67 ARTICLE 18. PERMITS AND LICENSES ......................................................................... 68 ARTICLE 19. TRENCHES ................................................................................................ 68 ARTICLE 20. TRAFFIC CONTROL .................................................................................. 69 01/2022 -iii- TABLE OF CONTENTS SPC21-12 TABLE OF CONTENTS (Continued) Page ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS ................................ 70 ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS ................................................ 70 ARTICLE 23. SANITARY FACILITIES .............................................................................. 70 ARTICLE 24. AIR POLLUTION CONTROL ...................................................................... 70 ARTICLE 25. LAYOUT AND FIELD ENGINEERING ........................................................ 71 ARTICLE 26. TESTS AND INSPECTIONS ....................................................................... 71 ARTICLE 27. PROTECTION OF WORK AND PROPERTY .............................................. 71 ARTICLE 28. CONTRACTOR’S MEANS AND METHODS ............................................... 72 ARTICLE 29. AUTHORIZED REPRESENTATIVES ......................................................... 72 ARTICLE 30. HOURS OF WORK ..................................................................................... 72 ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE .......................................... 73 ARTICLE 32. PREVAILING RATES OF WAGES .............................................................. 74 ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION ................................... 75 ARTICLE 34. EMPLOYMENT OF APPRENTICES ........................................................... 75 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ............. 76 ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 76 ARTICLE 37. LABOR/EMPLOYMENT SAFETY ............................................................... 77 ARTICLE 38. INSURANCE ............................................................................................... 77 ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE .............................. 80 ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ......................... 81 ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES .................................. 82 ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT ................................................ 83 ARTICLE 43. SECURITIES FOR MONEY WITHHELD ..................................................... 84 ARTICLE 44. CHANGES AND EXTRA WORK ................................................................. 84 ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT ...................................................... 96 ARTICLE 46. OCCUPANCY ............................................................................................. 97 ARTICLE 47. INDEMNIFICATION .................................................................................... 97 ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES ............................................ 98 ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT........................................... 102 ARTICLE 50. WARRANTY AND GUARANTEE OF WORK ............................................ 104 ARTICLE 51. DOCUMENT RETENTION & EXAMINATION ........................................... 106 ARTICLE 52. SEPARATE CONTRACTS ........................................................................ 107 ARTICLE 53. NOTICE AND SERVICE THEREOF ......................................................... 107 ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS ........................................................ 107 01/2022 -iv- TABLE OF CONTENTS SPC21-12 TABLE OF CONTENTS (Continued) Page ARTICLE 55. STATE LICENSE BOARD NOTICE .......................................................... 108 ARTICLE 56. INTEGRATION ......................................................................................... 108 ARTICLE 57. ASSIGNMENT OF CONTRACT ................................................................ 108 ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY ..................................................................................................... 108 ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS ............................................... 108 ARTICLE 60. PROHIBITED INTERESTS ....................................................................... 109 ARTICLE 61. CONTROLLING LAW ...................................................................................... 109 ARTICLE 62. JURISDICTION; VENUE ........................................................................... 109 ARTICLE 63. LAWS AND REGULATIONS ..................................................................... 109 ARTICLE 64. PATENTS ................................................................................................. 109 ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS .......................................... 109 ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST .................................. 110 ARTICLE 67. SURVIVAL OF OBLIGATIONS ................................................................. 110 SPECIAL CONDITIONS ..................................................................................................... 111 GENERAL REQUIREMENTS ............................................................................................ 114 SPECIAL PROVISIONS ..................................................................................................... 132 FEDERAL REQUIREMENTS ............................................................................................. 196 FEDERAL WAGE DECISION IMPROVEMENT PLANS STANDARD PLANS 01/2022 -5- NOTICE INVITING BIDS SPC21-12 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa (“City”) invites and will receive sealed Bids up to but not later than XX:XX XX on XXXXXXX, XXXXXX XX, 2022 at the office of the City Clerk, located at 213 E. Foothill Boulevard, Azusa, CA 91702, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for the ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT NO. HSIPL-5112(019) (the “Project”). At said time, Bids will be publicly opened and read aloud at the City Office. Bids received after said time shall be returned unopened. Bids shall be valid for a period of 90 calendar days after the Bid opening date. SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENTS, and other appurtenances in accordance with federal requirements. Bids must be submitted on the City’s Bid Forms. Bidders may obtain a digital copy of the Contract Documents from the Engineering Division via email at: ccuriel@AzusaCA.gov, at a “No Fee” charge ($0.00). To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. It is the responsibility of each prospective bidder to download and print all Bid Documents for review and to verify the completeness of Bid Documents before submitting a bid. Any Addenda will be posted on the City of Azusa’s website at www.ci.azusa.ca.us. It is the responsibility of each prospective bidder to check the City of Azusa’s website on a daily basis through the close of bids for any applicable addenda or updates. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading or printing of the Bid Documents. Information on www.ci.azusa.ca.us may change without notice to prospective bidders. Each Bid shall be accompanied by cash, a certified or cashier’s check, or Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Bid Price, made payable to City of Azusa as bid security. The bid security shall be provided as a guarantee that within five (5) working days after the City provides the successful bidder the Notice of Award, the successful Bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful Bidder fails to comply within said time. No interest will be paid on funds deposited with City. No Pre-Bid Conference is scheduled. Pursuant to Federal law, Disadvantaged Business Enterprise (DBE) requirements shall include all DBEs, as described in the Specifications. This project is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990, and in any contract entered into pursuant to this advertisement, DBEs will be afforded full opportunity to submit bids in response to this invitation. The DBE contract goal for this project is 6%. 01/2022 -6- NOTICE INVITING BIDS SPC21-12 The successful Bidder will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Bidder may substitute certain securities for funds withheld by City to ensure its performance under the contract. PREVAILING WAGE REQUIREMENTS: Pursuant to California Labor Code Sections 1770, 1773, 1773.1, 1773.6, and 1773.7, as amended, the applicable prevailing wages for this project have been determined. It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than the higher of the Federal and the State prevailing wage rates to all workers employed by them in the execution of the contract. The applicable Federal prevailing wage rates are those that are in effect ten (10) calendar days prior to bid opening; they are set forth on the U.S. General Services Department website: https://sam.gov/content/home but are not printed in the Specifications. Lower State wage rates for work classifications not specifically listed in the Federal wage decision are not acceptable. The applicable State prevailing wage rates are set forth on the California Department of Industrial Relations website: http://www.dir.ca.gov/DLSR/PWD but are not printed in the Specifications; these rates are subject to predetermined increases. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid. Unless otherwise provided in the Instructions for Bidders, each Bidder shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Bid and for the duration of the contract: Class “A” or “C-12”. Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions. The U.S. Department of Transportation (DOT) provides a toll-free hotline service to report bid rigging, bidder collusion, or other fraudulent activities. The hotline is available Mondays through 01/2022 -7- NOTICE INVITING BIDS SPC21-12 Fridays between 8:00 a.m. and 5:00 p.m. eastern time, at (800) 424-9071. The hotline is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected. Conflict of Interest: in the procurement of supplies, equipment, construction, and services by sub- recipients, the conflict of interest provisions in 24 CFR 85.36, OMB Circular A-110, and 24 CFR 570.611 shall apply. No employee, officer, or agent of the sub-recipient shall participate in the selection, award, or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. This project is subject to the “Buy America” provisions of the Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991. This project is subject to the requirements of the Cargo Preference Act, as described in the Specifications. City shall award the contract for the Project to the lowest responsive, responsible Bidder as determined by the City from the Base Bid alone. City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process. For further information, contact Phillip A. Flores at pflores@azusaca.gov or by phone at (626) 523-3023. END OF NOTICE INVITING BIDS 01/2022 -8- INSTRUCTIONS TO BIDDERS SPC21-12 INSTRUCTIONS TO BIDDERS ARTICLE 1. SECURING DOCUMENTS Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Bid and Contract Documents may be obtained from the Engineering via email at: ccuriel@AzusaCA.gov, as specified in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Bids. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project. Addenda, if any, issued during the bid period will be sent only to those contractors who have obtained documents from the City. Any Addenda will be posted on the City’s website. Failure to acknowledge addenda may make a bid nonresponsive and not eligible for award of the contract. ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Bidder shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article. ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS Prospective Bidders unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Bidder submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Bidder who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If 01/2022 -9- INSTRUCTIONS TO BIDDERS SPC21-12 a Prospective Bidders becomes aware of any errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Bidder to promptly bring it to the attention of the City. ARTICLE 4. PRE-BID CONFERENCE No Pre-Bid Conference is scheduled. ARTICLE 5. ADDENDA The City reserves the right to revise the Contract Documents prior to the Bid opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Bids, the City will extend the deadline for submission of Bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Bid submission date. Each prospective Bidder shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Bidder. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Bidders are responsible f or ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Engineering Division to verify that it has received all Addenda issued, if any, prior to the Bid opening. The Bidder shall indicate the Addenda received prior to bidding in the space provided in the Bid Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Bid. ARTICLE 6. ALTERNATE BIDS If alternate bid items are called for in the Contract Documents, the time required for completion of the alternate bid items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work. Accordingly, each bidder must ensure that each bid item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the bidder. ARTICLE 7. COMPLETION OF BID FORMS Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute Bid Forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable), and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Bid Forms may result in the Bid being deemed non-responsive. ARTICLE 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract 01/2022 -10- INSTRUCTIONS TO BIDDERS SPC21-12 Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall not delete, modify, or supplement the printed matter on the Bid Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered. ARTICLE 9. SUBCONTRACTORS Bidder shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. ARTICLE 10. LICENSING REQUIREMENTS Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5. ARTICLE 11. BID GUARANTEE (BOND) Each bid shall be accompanied by: (a) cash; (b) a certified or cashier’s check made payable to City of Azusa; or (c) a Bid Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Bid Price, made payable to City of Azusa as bid security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be provided as a guarantee that within ten (10) working days after the City provides the successful bidder the Notice of Award, the successful bidder will enter into a contract and provide the necessary bonds and certificates of insurance. The bid security will be declared forfeited if the successful bidder fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible bidder, or may call for new bids. No interest shall be paid on funds deposited with the City. City will return the security accompanying the bids of all unsuccessful bidders no later than 60 calendar days after award of the contract. ARTICLE 12. IRAN CONTRACTING ACT OF 2010 In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a bid or proposal or otherwise proposes to enter into or renew a contract with the 01/2022 -11- INSTRUCTIONS TO BIDDERS SPC21-12 City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the bid is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the bid package and must be signed and dated under penalty of perjury. ARTICLE 13. NONCOLLUSION DECLARATION Bidders on all public works contracts are required to submit a declaration of noncollusion with their bid. This form is included with the bid package and must be signed and dated under penalty of perjury. ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form. ARTICLE 15. BIDDER INFORMATION AND EXPERIENCE FORM Each Bidder shall complete the questionnaire provided herein and shall submit the questionnaire along with its Bid. Failure to provide all information requested within the questionnaire along with the Bid may cause the bid to be rejected as non-responsive. The City reserves the right to reject any Bid if an investigation of the information submitted does not satisfy the Engineer that the Bidder is qualified to properly carry out the terms of the contract. ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake 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. The form of such Workers' Compensation Certificate is included as part of this document. 01/2022 -12- INSTRUCTIONS TO BIDDERS SPC21-12 ARTICLE 17. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. ARTICLE 18. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of bids. The envelope shall bear the title of the work and the name of the bidder. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Bids received after the time and day set for the receipt of bids shall be returned to the bidder unopened. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of (Bidder’s Name) for the ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT Only where expressly permitted in the Notice Inviting Bids may bidders submit their bids via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City may reject any bid not strictly complying with City’s designated methods for delivery. ARTICLE 19. OPENING OF BIDS At the time and place set for the opening and reading of bids, or any time thereafter, each and every bid received prior to the time and day set for the receipt of bids will be publicly opened and read. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the bidder. It is the bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the date(s) and time(s) indicated. The public reading of each bid will include the following information: A. The name and business location of the bidder. B. The nature and amount of the bid security furnished by bidder. 01/2022 -13- INSTRUCTIONS TO BIDDERS SPC21-12 C. The bid amount. Bidders or their representatives and other interested persons may be present at the opening of the bids. The City may, in its sole discretion, elect to postpone the opening of the submitted Bids. The City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. ARTICLE 20. WITHDRAWAL OF BID Any bid may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of bids. Requests to withdraw bids shall be worded so as not to reveal the amount of the original bid. Withdrawn bids may be resubmitted until the time and day set for the receipt of bids, provided that resubmitted bids are in conformance with the instructions herein. Bids may be withdrawn after bid opening only by providing written notice to City within five (5) working days of the bid opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City. ARTICLE 21. BIDDERS INTERESTED IN MORE THAN ONE BID No Bidder shall be allowed to make, file or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders. No person, firm, corporation, or other entity may submit a sub-proposal to a Bidder, or quote prices of materials to a Bidder, when also submitting a prime Bid on the same Project. ARTICLE 22. SUBSTITUTION OF SECURITY The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. ARTICLE 23. PREVAILING WAGES The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the Engineering Division’s Office of the City or may be obtained online at http://www.dir.ca.gov. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a 01/2022 -14- INSTRUCTIONS TO BIDDERS SPC21-12 subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. ARTICLE 25. INSURANCE REQUIREMENTS Prior to commencing work, the successful bidder shall purchase and maintain insurance as set forth in the General Conditions. ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful bidder will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful bidder with the Notice of Award. ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE Notwithstanding anything contained herein, the Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. ARTICLE 29. FILING OF BID PROTESTS Bidders may file a “protest” of a Bid with the City Clerk’s Office. In order for a Bidder’s protest to be considered valid, the protest must: A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; 01/2022 -15- INSTRUCTIONS TO BIDDERS SPC21-12 D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, the City may reject the protest without further review. If the protest is timely and complies with the above requirements, the City Clerk, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information. The City Clerk’s Office will provide a written decision to the protestor. The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. ARTICLE 30. BASIS OF AWARD; BALANCED BID The City shall award the Contract to the lowest responsible Bidder submitting a responsive Bid. The lowest Bid will be determined on the basis of the Total Bid Price. The City may reject any Bid which, in its opinion when compared to other Bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. ARTICLE 31. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall conduct a pre-construction conference with the Contractor and its subcontractors, and issue a Notice to Proceed to that Bidder. The Contract time will begin to run from the date of the Notice to Proceed. ARTICLE 32. EXECUTION OF CONTRACT As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Bidder are included within these Specifications and shall not be detached. 01/2022 -16- INSTRUCTIONS TO BIDDERS SPC21-12 The selected Contractor shall complete the project within 90 working days of City’s Authorization to Proceed with Construction. Working hours for this project are between 8:00 A.M. and 4:00 P.M. for concrete flat work and 8:00 P.M. and 4:00 A.M. for asphalt paving - Monday through Friday, excluding legal holidays and weekends. ARTICLE 33. QUESTIONS Questions regarding this Notice Inviting Bids may be directed to: City of Azusa Christina Curiel Public Works Project Manager ccuriel@azusaca.gov (626) 812-5247 No other members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications. Bidders are encouraged to submit their pre-bid questions as early as possible, in writing by mail or email, so they can be answered in writing through an addendum if necessary. Pre-bid questions will be received up to 5:00 P.M. on XXXXXXX, XXXXX XX, 2022 after which they will not be answered. 01/2022 -17- BID FORMS SPC21-12 BID FORMS 0.1 Bid. Bids will be received at the City of Azusa, 213 E. Foothill Boulevard, Azusa, CA 91702, until XX:XX X.M. on xxxxxxxxx, xxxxxx xx, 2022. NAME OF BIDDER: City of Azusa 213 E. Foothill Boulevard Azusa, CA 91702 The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project: ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT FEDERAL PROJECT NO. HSIPL-5112 (019) We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL BID PRICE indicated herein. The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents: Addenda No(s). 1. Attached is the required Bid Guarantee in the amount of not less than 10% of the Total Bid Price. 2. Attached is the completed Designation of Subcontractors form. 3. Attached is the fully executed Noncollusion Declaration form. 4. Attached is the completed Iran Contracting Act Certification form. 5. Attached is the completed Public Works Contractor Registration Certification form. 6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form. 7. Attached is the completed Bidder Information and Experience form. 01/2022 -18- BID FORMS SPC21-12 A. BID SCHEDULE BID SCHEDULE A – HSIP IMPROVEMENTS Item No. Item Description Qty Unit Unit Bid Price Total Bid Price 1 Mobilization 1 LS $ $ 2 Traffic Control 1 LS $ $ 3 Construct Median Curb Modified C1-10 per SPPWC Std Plan 120-2 0 LF $ 0 $ 0 3a Construct Median Curb Type C1-8 per SPPWC Std Plan 120-2 10,610 LF 4 Remove Existing and Construct Curb Ramp Per Caltrans Std Plan A88A, Type per Plan 16 EA $ $ 5 Install Truncated Domes 4 EA $ $ 6 Install Signing and Striping Complete per Plan 1 LS $ $ BID SCHEDULE A SUB-TOTAL $ BID SCHEDULE B – HSIP NON-PARTICIPATING Item No. Item Description Qty Unit Unit Bid Price Total Bid Price 7 Mobilization 1 LS $ $ 8 Traffic Control 1 LS $ $ 9 Unclassified Excavation 450 CY $ $ 10 Cold Mill 2-Inch Uniform Depth 404,250 SF $ $ 11 Construct 2-Inch ARHM Pavement 4,850 TN $ $ 12 Construct 3-Inch AC Pavement 240 TN $ $ 13 Construct 8-Inch Thick Aggregate Base 330 CY $ $ 14 Adjust Water Valve Frame to Grade 23 EA $ $ 15 Adjust Manhole Frame to Grade 25 EA $ $ 16 Adjust Vault Frame to Grade 3 EA $ $ 17 Remove and Construct 4-Inch PCC Sidewalk 9,325 SF $ $ 01/2022 -19- BID FORMS SPC21-12 18 Remove and Construct Commercial Drive Approaches per SPPWC Std Plan 110-2 560 SF $ $ 19 Remove and Construct Spandrel Per SPPWC Std Plan 122-2 355 SF $ $ 20 Remove and Construct Curb and Gutter Per SPPWC Std Plan 120-2 75 LF $ $ 21 Install signing and striping complete per plan 1 LS $ $ 22 Install Inductive loop detectors 60 EA $ $ 23 Remove existing parkway tree 15 EA $ $ 24 Patch existing tree well opening with PCC paving matching adjacent sidewalk 160 SF $ $ 25 Reconstruct existing parkway tree well complete per plan 27 EA $ $ 26 Construct parkway tree well complete per plan 45 EA $ $ 27 Construct parkway cobblestone paving tree well complete per plan 17 EA $ $ 28 Replace existing tree in recently constructed tree well with new 24-in box size tree complete per plan 9 EA $ $ 29 Replace existing tree in landscape parkway with new 24-inch box size tree 14 EA $ $ 30 Replace existing tree in landscape parkway with new 36-inch box size tree 3 EA $ $ 31 Furnish and install 24-inch box size tree 115 EA $ $ 32 Furnish and install 36-inch box size tree 65 EA $ $ 33 Furnish and install root control barrier in tree wells and medians complete per plan 4,865 LF $ $ 34 Unclassified Excavation for median landscaping 1,950 CY $ $ 35 Furnish and install class A topsoil for median landscaping 2,323 CY $ $ 36 Remove existing AC paving and sub-base. Furnish and install Class A topsoil for planting area on frontage street medians, complete per plan 205 CY $ $ 37 Remove existing AC paving and sub-base. Construct bio-infiltration basin, complete assembly per plans and specifications 7 EA $ $ 38 Furnish and Construct median cobblestone paving 2,934 SF $ $ 01/2022 -20- BID FORMS SPC21-12 39 Furnish and install decorative natural boulder 61 TON $ $ 40 Construct 4-inch thick median concrete maintenance strip and paving 8,047 SF $ $ 41 Perform soil preparation. 40,820 SF $ $ 42 Furnish & install 5-gallon shrub. 2,176 EA $ $ 43 Furnish & install 1-gallon shrub. 7,448 EA $ $ 44 Furnish & install shredded redwood mulch top dress. 380 CY $ $ 45 Perform water service connection at each location as indicated on the plans, complete per plan, specifications, and agency's required standards. 4 EA $ $ 46 Furnish & install backflow preventer device, complete per plan including PCC pad and enclosure. 4 EA $ $ 47 Furnish & install line size wye strainer-pressure regulator in valve box. 4 EA $ $ 48 Furnish & install line size gate valve in valve box. 8 EA $ $ 49 Furnish & install quick coupler valve assembly in valve box. 24 EA $ $ 50 Furnish & install master valve assembly in valve box, complete per plan including control wires 4 EA $ $ 51 Furnish & install 1-inch size remote control valve in valve box, complete including control wires. 10 EA $ $ 52 Furnish & install 1-inch size drip control zone assembly, complete per plan including valve box and control wires. 27 EA $ $ 53 Furnish & install 1-1/2-inch size SCH 40 PVC irrigation mainline. 1,800 LF $ $ 54 Furnish & install 2-1/2-inch size CL 315 PVC irrigation mainline. 3,618 LF $ $ 55 Furnish & install subterranean drip irrigation system, complete per plan. 43,820 SF $ $ 56 Furnish & install root zone watering system (RZWS) assembly, complete per plan. 228 EA $ $ 57 Furnish & install SCH 40 PVC control wire conduit and pull box. 2,010 LF $ $ 58 Furnish & install combination meter pedestal and automatic irrigation controller assembly, including electrical service hook-up, irrigation controller, flow sensor assembly and rain shut-off device, complete per plan. 2 EA $ $ 01/2022 -21- BID FORMS SPC21-12 59 Furnish & install 1-1/2-inch size SCH 40 PVC sleeve. 435 LF $ $ 60 Furnish & install 6-inch size SCH 40 PVC irrigation sleeve. 2,010 LF $ $ 61 Perform 365-calendar day landscape maintenance, complete per specifications including manual tree well irrigation. 1 LS $ $ BID SCHEDULE B SUB-TOTAL $ BID SCHEDULE C – NOT A PART OF FEDERAL PROJECT Item No. Item Description Qty Unit Unit Bid Price Total Bid Price 62 Mobilization 1 LS $ $ 63 Traffic Control 1 LS $ $ 64 Cold Mill 2-inch uniform depth 53,400 SF $ $ 65 Construct 2-inch ARHM pavement 645 TON $ $ 66 Construct median curb Type C1-8 per SPPWC Std Plan 120-2 1,705 LF $ $ 67 Remove and construct curb and gutter 87 LF $ $ 68 Adjust water valve frame to grade 2 EA $ $ 69 Adjust manhole frame to grade 10 EA $ $ 70 Install signing and striping complete per plan 1 LS $ $ 71 Furnish and install 24-inch box size tree 17 EA $ $ 72 Furnish and install root control barrier n tree wells and locations as indicated on the plans 408 LF $ $ 73 Unclassified excavation for median landscaping 324 CY $ $ 74 Furnish and install Class A topsoil for median landscaping 460 CY $ $ 75 Furnish and Construct median cobblestone paving 726 SF $ $ 76 Furnish and install decorative natural boulder 9 EA $ $ 01/2022 -22- BID FORMS SPC21-12 77 Construct median concrete maintenance strip and paving 528 SF $ $ 78 Perform soil preparation. 6,987 SF $ $ 79 Furnish & install 5-gallon shrub. 303 EA $ $ 80 Furnish & install 1-gallon shrub. 1,251 EA $ $ 81 Furnish & install shredded redwood mulch top dress. 65 CY $ $ 82 Perform water service connection at each location as indicated on the plans, complete per plan, specifications, and agency's required standards. 1 EA $ $ 83 Furnish & install backflow preventer device, complete per plan including PCC pad and enclosure. 1 EA $ $ 84 Furnish & install line size wye strainer-pressure regulator in valve box. 1 EA $ $ 85 Furnish & install line size gate valve in valve box. 2 EA $ $ 86 Furnish & install quick coupler valve assembly in valve box. 2 EA $ $ 87 Furnish & install master valve assembly in valve box, complete including control wires 1 EA $ $ 88 Furnish & install 1-inch size remote control valve in valve box, complete including control wires. 1 EA $ $ 89 Furnish & install 1-inch size drip control zone assembly, complete per plan including valve box and control wires. 4 EA $ $ 90 Furnish & install 2-1/2-inch size CL 315 PVC irrigation mainline. 687 LF $ $ 91 Furnish & install subterranean drip irrigation system, complete per plan. 6,987 SF $ $ 92 Furnish & install root zone watering system (RZWS) assembly, complete per plan. 28 EA $ $ 93 Furnish and install SCH 40 PVC control wire conduit and pull box 340 LF $ $ 94 Furnish and install combination meter pedestal and automatic irrigation controller assembly, including electrical service hook up, irrigation controller, flow sensor assembly and rain shut-off device, complete per plan 1 EA $ $ 95 Furnish and install 6-inch size SCH 40 PVC irrigation sleeve 340 LF $ $ 01/2022 -23- BID FORMS SPC21-12 96 Perform 365-calendar day landscape maintenance, complete per specifications including manual tree well irrigation. 1 LS $ $ BID SCHEDULE C SUB-TOTAL $ ALTERNATE BID ITEM(S) 97 Construct Curb A1-6(150) per SPPWC Std 120-3, and Reconstruction of Asphalt Abutting Median Curb per the City of Azusa Std Plan R11-1. 12,315 LF $ $ ALTERNATE BID ITEM(S) SUB-TOTAL $ BID SCHEULES A, B, & C SUB-TOTAL $ TOTAL BID PRICE $ The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. For purposes of evaluating Bids, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. 01/2022 -24- BID FORMS SPC21-12 B. TOTAL BID PRICE: TOTAL BID PRICE BASED ON BID SCHEDULE TOTAL OF UNIT PRICES FOR ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT FEDERAL PROJECT NO. HSIPL-5112 (019) $ Total Bid Price in Numbers ____________________________________________________________________________ Total Bid Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail. 01/2022 -25- BID FORMS SPC21-12 The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the Bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier. The successful bidder hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful bidder with the Notice of Award. Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Los Angeles County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City’s Administration Office and shall be made available to interested parties upon request. Enclosed find cash, bidder’s bond, or cashier’s or certified check No. from the Bank in the amount of , which is not less than ten percent (10%) of this bid, payable to City of Azusa as bid security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work. The bidder furthermore agrees that in case of bidder’s default in executing said contract and furnishing required bonds and certificates of insurance, the cash, bidder’s bond, or cashier’s or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of Azusa. Bidder is an individual , or corporation , or partnership , organized under the laws of the State of . Bidder confirms license(s) required by California State Contractor’s License Law for the performance of the subject project are in full effect and proper order. The following are the Bidder’s applicable license number(s), with their expiration date(s) and class of license(s): If the Bidder is a joint venture, each member of the joint venture must include the required licensing information. 01/2022 -26- BID FORMS SPC21-12 Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful bidder the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California. The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than “A-” and a Financial Size Category of not less than “Class VII” according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers’ Compensation insurance. (signatures continued on next page) 01/2022 -27- BID FORMS SPC21-12 I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct. Executed at , on this day of , . (Bidders Name – Print or Type) (Name and Title) (Corporate Seal) (Signature) Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below: Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX 01/2022 -28- BID FORMS SPC21-12 0.2 Bid Bond [Note: Not required when other form of Bidder’s Security, e.g. cash, certified check or cashier’s check, accompanies bid.] The makers of this bond are, , as Principal, and , as Surety and are held and firmly bound unto the City of Azusa, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated , 20 , for the ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT FEDERAL PROJECT NO. HSIPL-5112 (019) If the Principal does not withdraw its Bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporation. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 01/2022 -29- BID FORMS SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory Name(s) of Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Partner(s)  Limited  General Attorney-In-Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Title or Type of Document Number of Pages Date of Document 01/2022 -30- BID FORMS SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s)  Limited  General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF BID BOND A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 01/2022 -31- BID FORMS SPC21-12 0.3 List of Subcontractors In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Bidder fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Work to be done by Subcontractor Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number % of Work 01/2022 -32- BID FORMS SPC21-12 Work to be done by Subcontractor Name of Subcontractor Location of Business CSLB Contractor License No. DIR Registration Number % of Work (Attach additional sheets if necessary) Name of Bidder Signature Name and Title Dated 01/2022 -33- BID FORMS SPC21-12 0.4 Bidder Information and Experience Form ARTICLE 1. INFORMATION ABOUT BIDDER (Indicate not applicable (“N/A”) where appropriate.) NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Bidder: 2.0 Type, if Entity: 3.0 Bidder Address: Facsimile Number Telephone Number Email Address 4.0 How many years has Bidder’s organization been in business as a Contractor? 5.0 How many years has Bidder’s organization been in business under its present name? 5.1 Under what other or former names has Bidder’s organization operated? 6.0 If Bidder’s organization is a corporation, answer the following: 6.1 Date of Incorporation: 6.2 State of Incorporation: 6.3 President’s Name: 6.4 Vice-President’s Name(s): 6.5 Secretary’s Name: 6.6 Treasurer’s Name: 01/2022 -34- BID FORMS SPC21-12 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: 7.2 Name and address of all partners (state whether general or limited partnership): 8.0 If other than a corporation or partnership, describe organization and name principals: 9.0 List other states in which Bidder’s organization is legally qualified to do business. 10.0 What type of work does the Bidder normally perform with its own forces? 11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why: 12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: 01/2022 -35- BID FORMS SPC21-12 13.0 List Trade References: 14.0 List Bank References (Bank and Branch Address): 15.0 Name of Bonding Company and Name and Address of Agent: [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 01/2022 -36- BID FORMS SPC21-12 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Description of Bidder’s Work Completion Date Cost of Bidder’s Work 01/2022 -37- BID FORMS SPC21-12 ARTICLE 3. LIST OF COMPLETED PROJECTS – LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work. Project Name Location (city, state) Contact Info. (name / phone / email) Cost of Bidder’s Work 01/2022 -38- BID FORMS SPC21-12 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person’s job title, name and percent of time to be allocated to this project: 2. Summarize each person’s specialized education: 3. List each person’s years of construction experience relevant to the project: 4. Summarize such experience: Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Changes Occurring Since Prequalification If any substantive changes have occurred since Bidder submitted its prequalification package for this Project, Bidder shall list them below. If none are listed, Bidder certifies that no substantive changes have occurred. 01/2022 -39- BID FORMS SPC21-12 Additional Bidder’s Statements: If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: ARTICLE 5. VERIFICATION AND EXECUTION These Bid Forms shall be executed only by a duly authorized official of the Bidder: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Bidder Signature Name Title Date 01/2022 -40- BID FORMS SPC21-12 0.5 Non-Collusion Declaration The undersigned declares: I am the of , the party making the foregoing Bid. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [city], [state]. Name of Bidder [date], at Signature Name Title 01/2022 -41- BID FORMS SPC21-12 0.6 Iran Contracting Act Certification. (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: The Contractor is not: (1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: Printed Name: Title: Firm Name: Date: Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. 01/2022 -42- BID FORMS SPC21-12 0.7 Public Works Contractor Registration Certification Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public- Works/PublicWorks.html for additional information. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. 1 Name of Bidder: DIR Registration Number: DIR Registration Expiration: Small Project Exemption: Yes or No Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive. Name of Bidder Signature Name and Title Dated 0.8 Contractor’s Certificate Regarding Workers’ Compensation. 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 01/2022 -43- BID FORMS SPC21-12 I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake 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. Name of Bidder Signature Name Title Dated -44- CONTRACT 01/2022 SPC21-12 CONTRACT This CONTRACT, No. is made and entered into this day of , , by and between City of Azusa, sometimes hereinafter called “City,” and , sometimes hereinafter called “Contractor.” WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT FEDERAL PROJECT NO. HSIPL-5112 (019) The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation. b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Dollars ($ ). Payment shall be made as set forth in the General Conditions. d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following: Notice Inviting Bids Instructions to Bidders Bid Form Bid Bond Designation of Subcontractors -45- CONTRACT 01/2022 SPC21-12 Information Required of Bidders Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders FHWA-1273 Federal Wage Decision Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] -46- CONTRACT 01/2022 SPC21-12 IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF AZUSA [INSERT NAME OF CONTRACTOR] ________________________________________ By: Robert Gonzales By: Mayor Its: Printed Name: ATTEST: _______________________________________ By: Jeffrey Lawrence Cornejo Jr. City Clerk (CONTRACTOR’S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) END OF CONTRACT -47- CONTRACT 01/2022 SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s)  Limited  General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. -48- CONTRACT 01/2022 SPC21-12 BOND FORMS 1.1 Performance Bond. KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Azusa, (hereinafter referred to as “City”) has awarded to , (hereinafter referred to as the “Contractor”) an agreement for ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT. FEDERAL PROJECT NO. HSIPL-5112 (019) (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, , the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. -49- CONTRACT 01/2022 SPC21-12 Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] -50- CONTRACT 01/2022 SPC21-12 IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 20 . (Corporate Seal) day of Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is per thousand. The total amount of premium charges is $ . (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) -51- CONTRACT 01/2022 SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s)  Limited  General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. -52- CONTRACT 01/2022 SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s)  Limited  General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. -53- CONTRACT 01/2022 SPC21-12 1.2 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Azusa (hereinafter designated as the “City”), by action taken or a resolution passed , 20 , has awarded to hereinafter designated as the “Principal,” a contract for the work described as follows: ARROW HIGHWAY STREET RESURFACING AND HIGHWAY SAFETY IMPROVEMENT PROJECT. FEDERAL PROJECT NO. HSIPL-5112 (019) (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any -54- CONTRACT 01/2022 SPC21-12 fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California. IN WITNESS WHEREOF, we have hereunto set our hands and seals this , 20 . (Corporate Seal) day of Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title -55- CONTRACT 01/2022 SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s)  Limited  General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. -56- CONTRACT 01/2022 SPC21-12 Notary Acknowledgment STATE OF CALIFORNIA COUNTY OF On , 20 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s)  Limited  General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 57- GENERAL CONDITIONS 01/2022 S SPC21-12 GENERAL CONDITIONS ARTICLE 1. DEFINED TERMS Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. A. Act of God – An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. B. Addenda -- Written or graphic instruments issued prior to the submission of Bids which clarify, correct, or change the Contract Documents. C. Additional Work -- New or unforeseen work will be classified as “Additional Work” when the City’s Representative determines that it is not covered by the Contract. D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. E. Bid -- The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. F. Bidder -- The individual or entity who submits a Bid directly to the City. G. Change Order (“CO”) -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. H. Change Order Request (“COR”) -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor-claimed change to the Work. This term may also be referred to as a Change Order Proposal (“COP”), or Request for Change (“RFC”). I. City -- The City of Azusa. J. City Council, Council -- The City Council of the City. K. City’s Representative -- The individual or entity as identified in the Special Conditions to act as the City’s Representative. L. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 58- GENERAL CONDITIONS 01/2022 S SPC21-12 M. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. “Contract” may be used interchangeably with “Agreement” in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. N. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Bidders and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. O. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. P. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment. Q. Contractor -- The individual or entity with which the City has contracted for performance of the Work. R. Contractor’s Designated On-Site Representative -- The Contractor’s Designated On- Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City. S. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City’s unreasonable delay to the Project that was not contemplated by the parties. T. Day -- A calendar day of 24 hours measured from midnight to the next midnight. U. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. V. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor’s temporary facilities, equipment, and personnel at the Site. W. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. X. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. Y. Engineer, whenever not qualified, shall mean the Director of Public Works / Cty Engineer of the City, acting either directly or through properly authorized agents, such 59- GENERAL CONDITIONS 01/2022 S SPC21-12 agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties. Z. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City. AA.Green Book -- The current edition of the Standard Specifications for Public Works Construction. BB.Hazardous Waste -- The term “Hazardous Waste” shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a class I, class II, or class III disposal site in accordance with provisions of existing law, whichever is more restrictive. CC. Holiday – The Holidays occur on: New Year’s Day - January 1st Martin Luther King - Third Monday in January President’s Day – Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4th Labor Day - First Monday in September Columbus Day – Second Monday in October Veteran’s Day - November 11th Thanksgiving Day - Fourth Thursday in November Christmas Day - December 25th If any Holiday listed above falls on a Friday, Saturday or Sunday, the preceding Monday are both Holidays. DD. Notice of Award -- The written notice by the City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, the City will sign and deliver the Contract. EE.Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project. FF. Notice to Proceed -- A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. GG. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 60- GENERAL CONDITIONS 01/2022 S SPC21-12 HH. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. II. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. JJ. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. KK.Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. LL. Stop Payment Notice -- A written notice as defined in Civil Code section 8044. MM. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. NN. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. OO. Successful Bidder -- The Bidder submitting a responsive Bid to whom the City makes an award. PP.Supplier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. QQ. 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. RR. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its bid or as adjusted in accordance with the Contract Documents. SS.Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer. TT. Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce 61- GENERAL CONDITIONS 01/2022 S SPC21-12 such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 2. CONTRACT DOCUMENTS A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: 1. Change Orders 2. Addenda 3. Special Conditions 4. Technical Specifications 5. Plans (Contract Drawings) 6. Contract 7. General Conditions 8. Instructions to Bidders 9. Notice Inviting Bids 10. Contractor’s Bid Forms 11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded) 12. Applicable Local Agency Standards and Specifications 13. Standard Drawings 14. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply. D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade. ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City’s Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for 62- GENERAL CONDITIONS 01/2022 S SPC21-12 handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site. ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense. ARTICLE 6. MOBILIZATION A. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is 63- GENERAL CONDITIONS 01/2022 S SPC21-12 provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of the Work. B. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project site of all Contractor’s plant and equipment required for the first month’s operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, if applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor’s work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor’s superintendent at the job site as required herein. 12. Submittal of Construction Schedule as required by the Contract Documents. ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. 64- GENERAL CONDITIONS 01/2022 S SPC21-12 B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the Plans. Water service connections may be shown on the Plans showing general locations of such connections. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans. C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work. D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Bids, the City shall assume the responsibility for their timely removal, relocation, or protection. E. Contractor, except in an emergency, shall contact the appropriate regional notification center, California Underground Service Alert at 811 or 1-800-227-2600 or on-line at www.digalert.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor. ARTICLE 8. SOILS INVESTIGATIONS A. Reports and Drawings. The Special Conditions identify: 1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and 2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the “technical data” and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such “technical data,” 65- GENERAL CONDITIONS 01/2022 S SPC21-12 Contractor may not rely upon or make any claim against the City, City’s Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. ARTICLE 9. CONTRACTOR’S SUPERVISION Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. ARTICLE 10. WORKERS A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. ARTICLE 11. INDEPENDENT CONTRACTORS Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers’ compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. ARTICLE 12. SUBCONTRACTS A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. 66- GENERAL CONDITIONS 01/2022 S SPC21-12 B. The City reserves the right to accept all subcontractors. The City’s acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 14. REQUESTS FOR SUBSTITUTION A. For the purposes of this provision, the term “substitution” shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Bids that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole 67- GENERAL CONDITIONS 01/2022 S SPC21-12 discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit. 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified. 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor’s failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor’s failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor. ARTICLE 15. SHOP DRAWINGS A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal. B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be 68- GENERAL CONDITIONS 01/2022 S SPC21-12 needed for completion of the Work. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written acceptance. Engineer’s acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings. ARTICLE 16. SUBMITTALS A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract. B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals. ARTICLE 17. MATERIALS A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor. 69- GENERAL CONDITIONS 01/2022 S SPC21-12 F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor’s failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Bid Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. ARTICLE 18. PERMITS AND LICENSES A. City will apply and pay for the review of necessary encroachment permits for Work within the public rights-of-way. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. B. The Bid Form contains an allowance for the Contractor’s cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Bid Form to eliminate the need by bidders to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a bid. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. Payment by City to Contractor under the Permit and Inspection Allowance Bid Item shall be made based on actual cost receipts only and in accordance with the provisions of these specifications. ARTICLE 19. TRENCHES A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the “competent person” as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The “competent person” shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall 70- GENERAL CONDITIONS 01/2022 S SPC21-12 promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: 1. Material that the Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties. ARTICLE 20. TRAFFIC CONTROL A. Traff ic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction. Traffic control plans, if required, shall be prepared at Contractor’s expense, and traffic control shall be performed at Contractor’s expense in accordance with the requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance included within the Bid Form includes the cost of required traffic control permit(s) and construction inspection by the Agency(s) of Jurisdiction only. The Permit and Inspection Allowance does not include costs for preparation of any required traffic control plans, implementation of any traffic control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of Jurisdiction shall be included in the Contractor’s Bid. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation’s current edition of “Manual of Traffic Controls for Construction and Maintenance Work Zones” or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the project for approval prior to starting work. 71- GENERAL CONDITIONS 01/2022 S SPC21-12 C. The Contractor’s representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of- ways after working hours unless otherwise approved by the Engineer. ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction’s waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. ARTICLE 23. SANITARY FACILITIES Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the Contractor. ARTICLE 24. AIR POLLUTION CONTROL Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. 72- GENERAL CONDITIONS 01/2022 S SPC21-12 ARTICLE 25. LAYOUT AND FIELD ENGINEERING All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. ARTICLE 26. TESTS AND INSPECTIONS A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days’ notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. ARTICLE 27. PROTECTION OF WORK AND PROPERTY A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes 73- GENERAL CONDITIONS 01/2022 S SPC21-12 to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. ARTICLE 28. CONTRACTOR’S MEANS AND METHODS Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. ARTICLE 29. AUTHORIZED REPRESENTATIVES The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector shall not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access. ARTICLE 30. HOURS OF WORK A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar 74- GENERAL CONDITIONS 01/2022 S SPC21-12 week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. E. City will provide inspection during normal working hours from 7:00 a.m. to 3:00 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days’ notice for review and approval. Upon written request and approval the 8 hour working day may be changed to other limits subject to city/county ordinance. F. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on the City-observed holidays, unless otherwise approved by the City: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools ARTICLE 31. PAYROLL RECORDS; LABOR COMPLIANCE A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. C. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor 75- GENERAL CONDITIONS 01/2022 S SPC21-12 shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. D. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: 1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. E. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE. F. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated. G. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. H. The responsibility for compliance with this Article shall rest upon the Contractor. ARTICLE 32. PREVAILING RATES OF WAGES A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates 76- GENERAL CONDITIONS 01/2022 S SPC21-12 of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. ARTICLE 34. EMPLOYMENT OF APPRENTICES A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. D. The responsibility for compliance with this Article shall rest upon the Contractor. 77- GENERAL CONDITIONS 01/2022 S SPC21-12 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to ensure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for or referred to herein. Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein. Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the 78- GENERAL CONDITIONS 01/2022 S SPC21-12 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. ARTICLE 37. LABOR/EMPLOYMENT SAFETY The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City’s lock out tag out program. ARTICLE 38. INSURANCE The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor’s All Risk policy and on Contractor’s and its subcontractors’ policies of Commercial General Liability and Automobile Liability insurance using, for Contractor’s policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors’ policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. B. Workers’ Compensation Insurance. The Contractor shall provide workers’ compensation insurance for all of the employees engaged in Work under this Contract, 79- GENERAL CONDITIONS 01/2022 S SPC21-12 on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C. Employer’s Liability Insurance. Contractor shall provide Employer’s Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D. Commercial General Liability Insurance. Contractor shall provide “occurrence” form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, 80- GENERAL CONDITIONS 01/2022 S SPC21-12 under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E. Automobile Liability Insurance. Contractor shall provide “occurrence” form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. F. Builder’s Risk [“All Risk”] 1. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [“All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work. 2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City. 3. Policy shall be provided for replacement value on an “all risk” basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery 81- GENERAL CONDITIONS 01/2022 S SPC21-12 accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit. 4. In addition, the policy shall meet the following requirements: a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor’s tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage. G. [***FOR WORK INVOLVING ENVIRONMENTAL HAZARDS***] Contractor’s Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. H. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof. ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self -insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a “follow form” endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, 82- GENERAL CONDITIONS 01/2022 S SPC21-12 including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers. C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self- insured retentions or self-insured programs shall not be construed as contributory. E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. F. Contractor shall report to the City, in addition to the Contractor’s insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated 83- GENERAL CONDITIONS 01/2022 S SPC21-12 damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. B. Inclement Weather. Contractor shall abide by the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. D. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City: A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a complete breakdown of the Contract price, if the Contract amount is a lump sum. B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month. C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form. D. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. 84- GENERAL CONDITIONS 01/2022 S SPC21-12 Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Bids. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor’s payment request. B. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied. 3. Failure of Contractor to make proper payments to his subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the City for claims against Contractor. 7. Failure of Contractor to keep the record (“as-built”) drawings up to date. 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. C. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this 85- GENERAL CONDITIONS 01/2022 S SPC21-12 Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. D. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement. E. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. ARTICLE 43. SECURITIES FOR MONEY WITHHELD Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. ARTICLE 44. CHANGES AND EXTRA WORK. A. Contract Change Orders. 1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the 86- GENERAL CONDITIONS 01/2022 S SPC21-12 change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor. 3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. 4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. 5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously. 6. Contractor shall make available to the City any of the Contractor’s documents related to the Project immediately upon request of the City, as set forth in Article 52. 7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor’s surety or sureties. B. Contract Price Change. 1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury. 87- GENERAL CONDITIONS 01/2022 S SPC21-12 e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City’s estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error. 2. Unit Price Change Orders. a. When the actual quantity of a Unit Price item varies from the Bid Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Bid Form include Overhead and Profit as determined by Contractor at the time of Bid submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders. c. Bid items included on the Bid Form may be deducted from the Work in their entirety without any negotiated extra costs. d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Bid Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final additive or deductive Change Order following Contractor’s completion of the Work. Upon notification, Contractor’s failure to respond within seven (7) Days will result in City’s issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents. e. The City or Contractor may make a Claim for an adjustment in the Unit Price in accordance with the Contract Documents if: i. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and ii. there is no corresponding adjustment with respect to any other item of Work; and iii. Contractor believes that Contractor is entitled to an increase in Unit Price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in Unit Price and the parties are unable to agree as to the amount of any such increase or decrease.. 3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows: 88- GENERAL CONDITIONS 01/2022 S SPC21-12 a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials costs shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion. c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of $1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed. 4. Time and Materials Change Orders. a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items. b. Timely and Final Documentation. i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City’s Representative for an approval signature each day Additional Work is performed. Failure to get the City’s Representative’s approval signature each Day shall result in a waiver of Contractor’s right to claim these costs. The City’s Representative’s signature on time sheets only serves as verification that the Work was performed and is not indicative of City’s agreement to Contractor’s entitlement to the cost. ii. T&M Daily Summary Sheets. All documentation of incurred costs (“T&M Daily Summary Sheets”) shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as Additional Work is performed. Contractor’s actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary 89- GENERAL CONDITIONS 01/2022 S SPC21-12 Sheet shall include Contractor’s actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor’s actual costs incurred for the Additional Work. Contractor’s failure to provide a T&M Daily Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor’s otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor’s failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor’s right to claim these costs. iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor’s total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor’s failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor’s waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages. i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead. d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. 90- GENERAL CONDITIONS 01/2022 S SPC21-12 i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor. ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City’s Representative. iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower. iv. If, in the opinion of the City’s Representative, the cost of materials is excessive, or Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts. v. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by Contractor for costs of such materials or Indirect Costs or profit on City furnished materials. e. Equipment. i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in productive operation on the Additional Work being performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (b) Computation Method. The following shall be used in computing the rental time of equipment on the Project site. (i) When hourly rates are paid, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation. (ii) When daily rates are paid, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation, and any part of an hour in excess of 4 hours will be considered one day of operation. 91- GENERAL CONDITIONS 01/2022 S SPC21-12 ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City’s Representative. Contractor may furnish cost data which might assist the City’s Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment. (a) For Contractor-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of 173 hours per month. (b) For Contractor-owned equipment, the rental time to be paid for equipment on the Site shall be the time the equipment is in productive operation, unless, in the instance of standby time, the equipment could be actively used by Contractor on another project, then City shall pay for the entirety of the time the equipment is on Site. It shall be Contractor’s burden to demonstrate to the City that the equipment could be actively used on another project. iv. All equipment shall, in the opinion of the City’s Representative, be in good working condition and suitable for the purpose for which the equipment is to be used. v. Before construction equipment is used on the Additional Work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City’s Representative, in duplicate, a description of the equipment and its identifying number and the scheduled Additional Work activities planned. vi. Unless otherwise specified, manufacturer’s rating and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. 92- GENERAL CONDITIONS 01/2022 S SPC21-12 i. Invoices for Special Services. When the City’s Representative and Contractor determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City’s Representative. ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services. iii. When the City determines, in its sole discretion, that competitive bidding is necessary for certain special services, Contractor shall solicit competitive bids for those special services. g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor’s allowance for Overhead and Profit. i. Overhead Cost. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal office or any branch office, material yard, or shop for general administration of the Additional Work; ii. Office Expenses. Expenses of Contractor’s principal and branch offices; iii. Capital Expenses. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Additional Work and charges against Contractor for delinquent payments; iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; v. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor; 93- GENERAL CONDITIONS 01/2022 S SPC21-12 vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead. Costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; x. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: i. “Net Cost” is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including, but not limited to, payroll records, invoices, and such other information as City may reasonably request. ii. For Work performed by the Contractor’s forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor’s Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost. iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub-subcontractor’s Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor. v. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. 5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation 94- GENERAL CONDITIONS 01/2022 S SPC21-12 for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums. 6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors 7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier. 8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights. 10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require. C. Change of Contract Times. 1. The Contract Times may only be changed by a Change Order. 95- GENERAL CONDITIONS 01/2022 S SPC21-12 2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order. 3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City’s Representative allows an additional period of time to ascertain more accurate data in support of the request. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed. 4. City may elect, at City’s sole discretion, to grant an extension in Contract Times, without Contractor’s request, because of delays or other factors. 5. Use of Float and Critical Path. a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float. 6. Contractor’s entitlement to an extension of the Contract Times is limited to a City- caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time. a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article. c. Utility-Related Delays. 96- GENERAL CONDITIONS 01/2022 S SPC21-12 i. Contractor shall immediately notify in writing the utility owner and City’s Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article. ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey. 7. Content for Requests for Contract Extension. Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include: a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects. b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event. 8. No Damages for Reasonable Delay. a. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. b. Damages caused by unreasonable City delay that impact the critical path, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be compensated at the Daily Rate established in the Special Conditions. No other calculations, proportions or formulas shall be used to calculate any delay damages. c. City and City’s Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) 97- GENERAL CONDITIONS 01/2022 S SPC21-12 sustained by Contractor on or in connection with any other project or anticipated project. 9. Contractor’s failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City’s and City’s Representative’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article. ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT A. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. When the Work has been accepted there shall be paid to Contractor a sum equal to the contract price less any amounts previously paid Contractor and less any amounts withheld by the City from Contractor under the terms of the contract. The final five percent (5%), or the percentage specified in the notice inviting bids where the City has adopted a finding of substantially complete, shall not become due and payable until five (5) calendar days shall have elapsed after the expiration of the period within which all claims may be filed under the provisions of Civil Code section 9356. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the contract price less any amounts due the City under the terms of the Contract. B. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the notice inviting bids where the City has adopted a finding of substantially complete, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this work and for every act of negligence of the City and for all other claims relating to or arising out of this work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this contract. C. In case of suspension of the contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the contract price. D. Final payment shall be made no later than 60 days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and 98- GENERAL CONDITIONS 01/2022 S SPC21-12 claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its subcontractors from whom retention has been withheld each subcontractor’s share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 46. OCCUPANCY The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. ARTICLE 47. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against: A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. B. Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements. C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; 99- GENERAL CONDITIONS 01/2022 S SPC21-12 D. Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES Contractor shall timely comply with all notices and requests for changes to the Contract Time or Contract Price, including but not limited to all requirements of Article 44, Changes and Extra Work, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law. A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes. B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 44 “Changes and Extra Work” has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 44, Changes and Extra Work, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for 100 GENERAL CONDITIONS 01/2022 S SPC21-12 extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. C. Supporting Documentation. The Contractor shall submit all claims in the following format: 1. Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made 2. List of documents relating to claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other 3. Chronology of events and correspondence 4. Analysis of claim merit 5. Analysis of claim cost 6. Time impact analysis in CPM format 7. If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 Days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement. 1. If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three Days following the next duly publicly noticed meeting of the City’s governing body after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. 101 GENERAL CONDITIONS 01/2022 S SPC21-12 2. Within 30 Days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 Days (if the claim is less than $15,000, within 15 Days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 Days of receipt of the City’s response or within 15 Days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 Days for settlement of the dispute. F. Mediation. Within 10 business Days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. 1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 3. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. 4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. 102 GENERAL CONDITIONS 01/2022 S SPC21-12 G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less: 1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 Days by both parties of a disinterested third person as mediator, shall be commenced within 30 Days of the submittal, and shall be concluded within 15 Days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 2. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra Work, disputed Work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra Work, disputed Work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Go vernment Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. 103 GENERAL CONDITIONS 01/2022 S SPC21-12 J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety. ARTICLE 49. CITY’S RIGHT TO TERMINATE CONTRACT A. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor. 3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor’s legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article. B. Termination for Convenience by the City: 104 GENERAL CONDITIONS 01/2022 S SPC21-12 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” 4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed. 5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts: 105 GENERAL CONDITIONS 01/2022 S SPC21-12 a. All actual reimbursable costs incurred according to the provisions of this Contract. b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs. c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article. C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated. ARTICLE 50. WARRANTY AND GUARANTEE OF WORK A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor’s option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor’s failure to comply with the above- mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer’s or installer’s warranties for equipment or materials not 106 GENERAL CONDITIONS 01/2022 S SPC21-12 manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor. E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor’s expense. G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such Defective Work and for the diminished value of the Work. 2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City. 3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City. 4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City. 107 GENERAL CONDITIONS 01/2022 S SPC21-12 I. City May Correct Defective Work. 1. If Contractor fails within a reasonable time after written notice from City’s Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days’ written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City’s Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work. 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. 4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work. 5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City. 6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City. 7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work. J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 51. DOCUMENT RETENTION & EXAMINATION A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. 108 GENERAL CONDITIONS 01/2022 S SPC21-12 B. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. ARTICLE 52. SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. ARTICLE 53. NOTICE AND SERVICE THEREOF All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. 109 GENERAL CONDITIONS 01/2022 S SPC21-12 ARTICLE 55. STATE LICENSE BOARD NOTICE Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. ARTICLE 56. INTEGRATION A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents. B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor. ARTICLE 57. ASSIGNMENT OF CONTRACT Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor’s name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor’s name or nature will affect City’s rights under the Contract, including but not limited to the bonds. ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. 110 GENERAL CONDITIONS 01/2022 S SPC21-12 ARTICLE 60. PROHIBITED INTERESTS No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. ARTICLE 61. CONTROLLING LAW Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. ARTICLE 62. JURISDICTION; VENUE Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the bidding, award, or performance of the Work shall be maintained in the Superior Court of Los Angeles County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. ARTICLE 63. LAWS AND REGULATIONS A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations. ARTICLE 64. PATENTS Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract. ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work. 111 GENERAL CONDITIONS 01/2022 S SPC21-12 ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. ARTICLE 67. SURVIVAL OF OBLIGATIONS All reresentations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. END OF GENERAL CONDITIONS 112 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SPECIAL CONDITIONS 1.1 Engineer of Record. A. For purposes of this Project, the Engineer of Record or Engineer shall be Robert Delgadillo, PE. 1.2 Location of the Project. A. The Project is located on Arrow Highway from Azusa Ave to Citrus Ave. B. The general location of the Project is shown on Improvement Plan. 1.3 Shared Cost Savings for Reductions in Contract Price; Value Engineering. NOT USED. 1.4 Status of the Project Area and Rights-of-Way. A. City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Union Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work. B. City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work. C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents. D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide City’s Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City. E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide City’s Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City. 1.5 Site Data. A. The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents. B. Subsurface Exploration Data. The following data are included in the Project Manual: 1. 113 SPECIAL CONDITIONS 01/2022 1 SPC21-12 C. Other Site Data. The following data are available for inspection at City’s office: 1. Copies of these reports, drawings and other materials may be examined at City’s office during regular business hours. 1.6 Pre-Purchased or Pre-Negotiated Material. NOT USED. 1.7 Designation of City’s Representative. A. Unless otherwise modified by City, the City’s Representative shall be Robert Delgadillo, rdelgadillo@azuaca.gov , (626) 812-5248. 1.8 Modification of Hours of Work. Working hours for this project are between 8:00 A.M. and 4:00 P.M. for concrete flat work and 8:00 P.M. and 4:00 A.M. for asphalt paving - Monday through Friday, excluding legal holidays and weekends. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Director of Public Works / City Engineer. 1.9 Project Retention In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project. 1.10 RESERVED. 1.11 Liquidated Damages Due to Contractor Delay. A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to $4,800 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified. B. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor. 1.12 Utility Outages – Notices to Residents. A. Should Contractor’s operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage. Contractor will notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage. 114 SPECIAL CONDITIONS 01/2022 1 SPC21-12 B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage. 1.13 Schedule Constraints. NOT USED. 1.14 Noise Restrictions A. Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA. B. Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. C. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor. 1.15 Safety Programs. [NOT USED. 1.16 Coordination with Other Contractors. NOT USED. END OF SPECIAL CONDITIONS 115 SPECIAL CONDITIONS 01/2022 1 SPC21-12 GENERAL REQUIREMENTS PART 1 -- GENERAL 1.1 NONE PART 2 -- EXECUTION 2.1 LAYOUT OF WORK AND QUANTITY SURVEYS General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work. Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place. The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations. All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City’s Representative. Unless waived by City’s Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City’s Representative. Surveying 1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following: (a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot. (b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work. 116 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (c) Cross-section points shall be located within 0.1 foot, horizontally and vertically. (d) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work. 2.2 SCHEDULE Estimated Schedule. Prior to the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. 2.3 TEMPORARY FIELD OFFICE NOT USED. 2.4 PROTECTION OF WORK AND PROPERTY All traffic detector loops, fences, walls, culverts, property line monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of 117 SPECIAL CONDITIONS 01/2022 1 SPC21-12 the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition. If Contractor provides the City with reasonable notice of the need for such repair or replacement, it shall be performed by the City. If the Contractor fails to provide the City with reasonable notice, the repair or replacement shall be performed by and at the expense of the Contractor to the satisfaction of the City, whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor’s responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 3. Deliver materials to the Project site over a route designated by the Engineer. 4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor. 5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9. At the completion of work each day, leave the Project site in a clean, safe condition. 118 SPECIAL CONDITIONS 01/2022 1 SPC21-12 10. Comply with any stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs. 2.5 SITE CONDITIONS SURVEYS Work Included. Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction. Submittals. 1. Written documentation of site condition survey at pre-construction and post- construction. 2. Photographs as described herein of pre-construction and post-construction conditions. 3. Video recordings as described herein of pre-construction and post-construction conditions. 4. Submittals shall be made within three days of the surveys. All post-construction data shall be submitted prior to the final project inspection. Site Condition Written Documentation. Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas. Photographs. 1. General – Contractor shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to 119 SPECIAL CONDITIONS 01/2022 1 SPC21-12 actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work. 2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way. 3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed. 4. One set of color prints shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega- pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed. Video Recording. 1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date. 2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted. 3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities. 4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures. 5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected. 120 SPECIAL CONDITIONS 01/2022 1 SPC21-12 6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format. Timing. Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer’s concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing. Site Surveyor. The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used. Field Quality Control. Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled. Soils Compaction Testing. 1. All soils compaction testing will be done by a licensed geotechnical engineer furnished and paid for by the Contractor and approved by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete; for subgrade preparation, treated materials, and placement of base materials and roadway resurfacing per sections 301 and 302 of the latest Greenbook, Standard Specifications for Public Works Construction. 2. For pipeline construction, soil compaction testing will be done at 100-foot intervals at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill; at the top of the trench backfill, which should be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction. 2.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents. Technical Manuals. 1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City’s operation and maintenance staff. 121 SPECIAL CONDITIONS 01/2022 1 SPC21-12 2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." "Categories" shall conform to the following (as applicable): (a) Category 1 - Equipment Summary: (1) Summary: A summary table shall indicate the equipment name, equipment number, and process area in which the equipment is installed. (b) Category 2 - Operational Procedures: (1) Procedures: Manufacturer-recommended procedures on the following shall be included in Part 2: a. Installation b. Adjustment c. Startup d. Location of controls, special tools, equipment required, or related instrumentation needed for operation e. Operation procedures f. Load changes g. Calibration h. Shutdown i. Troubleshooting j. Disassembly k. Reassembly l. Realignment m. Testing to determine performance efficiency n. Tabulation of proper settings for all pressure relief valves, low and high pressure switches, and other protection devices o. List of all electrical relay settings including alarm and contact settings (c) Category 3 - Preventive Maintenance Procedures: (1) Procedures: Preventive maintenance procedures shall include all manufacturer-recommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment in place. (2) Schedules: Recommended frequency of preventive maintenance procedures shall be included. Lubrication schedules, including lubricant 122 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SAE grade, type, and temperature ranges, shall be covered. (d) Category 4 - Parts List: (1) Parts List: A complete parts list shall be furnished, including a generic description and manufacturer's identification number for each part. Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included. (2) Drawings: Cross-sectional or exploded view drawings shall accompany the parts list. (e) Category 5 - Wiring Diagrams: (1) Diagrams: Part 5 shall include complete internal and connection wiring diagrams for electrical equipment items. (f) Category 6 - Shop Drawings: (1) Drawings: This part shall include approved shop or fabrication drawings, complete with dimensions. (g) Category 7 - Safety: (1) Procedures: This part describes the safety precautions to be taken when operating and maintaining the equipment or working near it. (h) Category 8 - Documentation: (1) All equipment warranties, affidavits, and certifications required by the Technical Specifications shall be placed in this part. 3. The Contractor shall furnish to City six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder. Record Drawings 1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract 123 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. 2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. 3. Record drawings shall be accessible to City’s Representative at all times during the construction period. Failure on the Contractor’s part to keep record drawings current could result in withholding partial payment. 4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City’s Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor’s bid and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work. 2.7 MATERIALS Materials to be Furnished by the Contractor 1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City’s Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City’s Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made. 2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City’s Representative, in writing, the date the material is to be manufactured. 3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City’s inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City’s testing efforts, 124 SPECIAL CONDITIONS 01/2022 1 SPC21-12 including any travel required by Contractor’s forces, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work. 2.8 LOCAL CONDITIONS AND REQUIREMENTS Access to Work and Haul Routes 1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. 2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site. Claims for changes in Contract Price or Contract Times arising out of the unavailability of transportation facilities or limitations thereon shall not be considered by City. 3. The Contractor shall maintain and repair any damage arising out of Contractor’s operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City’s Representative. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract. Construction Water. 1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract. 2. All connections to the Azusa Light & Water (ALW) water system used for the purposes of obtaining construction water shall utilize a temporary construction meter and backflow prevention device. The Contractor shall apply for a temporary water meter from ALW and pay all applicable fees & deposits. The Contractor shall pay for the temporary meter and all water used. The Contractor shall be responsible for furnishing and testing the backflow prevention device. The backflow prevention device shall be tested by a certified backflow tester immediately after it is installed and every time the backflow prevention device is moved. The backflow certification reports shall be filed with ALW immediately after the backflow prevention device is in place. The temporary construction meter and backflow prevention device shall not be placed into service until ALW confirms and approves that the backflow prevention device has passed such tests. 125 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Operation of Existing Water Facilities 1. The Contractor shall not operate any of the existing public water systems, including water mains, pumps, motors, valves and hydrants. The Contractor shall provide a list, reason and location of the water system facilities that require operating, opening, stopping or closure and provide to Azusa Light & Water (ALW) for review and approval. 2. Contractor shall submit a request to ALW one (1) week in advance for any shut- down of existing water facilities and shall comply with all ALW shut-down requirements. Construction at Existing Utilities 1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor’s plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Traffic Control 1. General. Contractor shall abide by traffic control plans approved by the appropriate jurisdiction. 2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in 126 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Cleaning Up 1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water. 2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor. 2.9 ENVIRONMENTAL QUALITY PROTECTION Environmental Conditions 1. Contractor must comply with all applicable environmental laws, Project conditions, and constraints. 2. City has considered these Environmental Conditions when determining the Contract Times and no additional time or compensation will be added to the Contract due to these Conditions. Landscape and Vegetation Preservation 1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. 2. Damage and Restoration. Movement of crews and equipment within the rights-of- way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. 3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Protected Species 127 SPECIAL CONDITIONS 01/2022 1 SPC21-12 1. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days. 2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. 3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Preservation of Historical and Archeological Resources 1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days. 2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. 3. Contractor’s Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The 128 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Dust and Pollution Control 1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. 2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. Fugitive Dust 1. In addition to all other environmental and air quality requirements of the Contract Documents, Contractor must also comply with the most recent version of any rules implemented by the Air Quality Management District (AQMD) with jurisdiction over the Project in order to reduce the amount of particulate matter entrained in the ambient air as a result of the Project. All equipment shall be AQMD compliant and permitted, as needed. 2. City has considered these other requirements when determining the Contract Times and no additional time or compensation will be added to the Contract due to these requirements. Management of Storm, Surface and Other Waters 1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, and assumes any and all risks and liabilities arising therefrom. 129 SPECIAL CONDITIONS 01/2022 1 SPC21-12 2. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply. 3. Contractor violations. If noncompliance should occur, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense. 4. Compliance with Construction General Storm water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development. (a) Contractor shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with City’s Legally Responsible Person and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall submit the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and pay the filing fee. (b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following: (1) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate. Storm water management measures shall be instituted as required, including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. (2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-storm water discharge requirements listed in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board. 130 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (3) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. (4) Turbidity prevention measures for prevention of excess turbidity including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit. (5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices. (6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to: refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution. (7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. (8) Develop and implement a Rain Event Action Plan (REAP), if required, that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event. (9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports. (c) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by City. (d) City retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document, or fails to proceed in a manner that is satisfactory to City. City reserves the right to implement its own SWPPP at the Project site, and hire additional contractors to maintain compliance. Whether Contractor has adequately maintained compliance with the Permit shall be City’s sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. 131 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify City as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of City. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit. 5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site. 6. Oil storage tanks management. (a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. (c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil. (d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112 7. Underground tank prohibition. The Contractor shall not use underground storage tanks. 8. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication “Reclamation Safety And Health Standards.” 9. Other Permits. (a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits. (b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections. 132 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract. 10. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph. END OF GENERAL REQUIREMENTS 133 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SPECIAL PROVISIONS All Bid Items shall be in accordance with the Greenbook Standard Specifications for Public Works Construction (SSPWC) 2018 Edition and Standard Plans for Public Works Construction (SPPWC), Latest Edition including supplements, State of California Caltrans Standard Plans and Specifications, Latest Edition, and the Special Provisions and General Conditions of these specifications. PART 2 CONSTRUCTION MATERIALS SECTION 200 – ROCK MATERIAL 200-1 ROCK PRODUCTS 200-1.3 Gravel. Pea gravel for irrigation valve box drainage shall have 100 percent passing the 3/8-inch sieve and less than 5 percent passing the No. 8 sieve. 200-1.4 Aggregate. Coarse aggregate for Sump Drains and water relieving well in tree well shall be Concrete Aggregate No. 2. Add new Section 200-1.7 Stone 200-1.7 Stone. 200-1.7.1 General. 200-1.7.2 Natural Stone. Boulders shall be as specified on the drawings. Boulders shall have no more than one fractured face and shall be clean and free from deleterious impurities. Provide a 2-cubic foot sample of natural stone proposed for incorporation in the work within 15 days of award of contract. Cobblestone shall be as specified on the drawings. Provide a 2- cubic foot sample of natural stone proposed for incorporation in the work within 15 days of award of contract. 200-2 UNTREATED BASE MATERIALS 200-2.2 Crushed Aggregate Base. 134 SPECIAL CONDITIONS 01/2022 1 SPC21-12 200-2.2.3 Quality Requirements. The minimum R-value requirement will not be waived. SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1 Requirements. 201-1.1.1 General. The same brand type, source of cement, and aggregate shall be used for all Portland cement concrete per the approved submittal. 201-1.1.2 Concrete Specified by Class and Alternate Class. Concrete for curb, curb and gutter, ribbon gutter shall be Class 560- C-3250 with a 4-inch maximum slump. Concrete for retaining curb shall be as specified on the drawings. Concrete for median maintenance walk, paved median nose, and cobblestone concrete bed shall be Class 330-E-23 (560-E-3250) with 4-inch maximum slump. Fly ash shall not be used. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201-3.1 General. Contractor shall submit materials to Engineer for approval. 201-3.4 Sealant shall be Type “A” with Polyethylene foam filler. Submit two samples to the Engineer for approval. 201-4 CONCRETE CURING MATERIALS 201-4.1 Membrane Curing Compounds. 201-4.1.1 General. Concrete curing compound shall be Type 2. 135 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SECTION 203 - BITUMINOUS MATERIALS 203-6 ASPHALT CONCRETE 203-6.1 General. Asphalt concrete material used for remove and replace repairs within the roadway shall be Class and Grade B-PG 64-10. 136 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SPECIAL PROVISIONS PART 3 CONSTRUCTION METHODS SECTION 300 – EARTHWORK 300-1 CLEARING AND GRUBBING 300-1.1 General. Add: Demolition and tree removal, and such other items not mentioned that are required by the Plans and Specifications, are part of this work in this section. Footings and base debris shall be disposed of offsite in a legal manner at no additional costs to the Agency. All obstructions within project limits shall be removed to a minimum of 12- inches below subgrade. Soil backfill for holes caused by the removal of the existing structures foundations shall be filled with selected site soils or Class A topsoil and recompacted in 6-inch layers to the density of 95-percent relative compaction. Tree removal shall include grinding stumps and associated roots to the diameter of the trunk at existing grade and to 3-foot depth below existing grade. Grindings shall be removed from this 3-foot hole. The hole shall then be back-filled with soil as specified and compacted to 95-percent relative compaction. The application of herbicide to kill turf and weeds, shall be per manufacturers' recommendations, including roots; and the removal and disposal of non-usable soil and vegetation offsite, and such other items not mentioned that are required by the Plans and Specifications, are part of the work in this section. The cleared area shall be ripped to a depth of 12 inches, except in areas of existing tree roots which generally extend to the drip line of the tree canopy. SPECIAL CARE SHALL BE TAKEN TO PROTECT EXISTING TREES TO REMAIN FROM DAMAGE. The last paragraph of Subsection 300-1.1 is hereby deleted and replaced with the following: 137 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Tree branches which hang within 13.5 fee) above finished roadway grade or within 9 feet above finished sidewalk or parkway grade shall be removed to the branch collar in accordance with the current pruning standards of the International Society of Arboriculture (ISA). The Contractor shall remove additional tree branches, under the direction of the Engineer, in such a manner that the tree will present a balanced appearance. No paint or tree sealant shall be applied to the resulting scars. All pruning shall be done under the supervision of an ISA Certified Arborist in the Contractor’s employ. The following is hereby added to Subsection 300-1.1: All the root pruning required to place or replace walks, or other permanent facilities shall be limited to the minimum amount necessary to set forms. All roots 2 inches and larger shall be cut with sharp tool such as axe or chainsaw. No roots shall be broken off by trenching or other heavy equipment. No root shall be removed within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade without the express written permission of the City. Any such root removed without the City’s written permission may create a hazardous condition for which the Contractor shall be liable. Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense. All significant root pruning (3 inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ. Delete the last paragraph of this section and replace it with the following: 300-1.1.2 Tree Pruning. All trees noted on the drawings for tree pruning shall have crown reduction and crown thinning performed in accordance with standards published by the Western Chapter of the International Society of Arboriculture (ISA). All pruning shall be performed by ISA certified tree workers under direct supervision of an ISA certified arborist. The Contractor shall furnish such credentials to the Engineer prior to commencement of any tree work. 300-1.1.4 Protection of Existing Trees to remain. 138 SPECIAL CONDITIONS 01/2022 1 SPC21-12 All trees to remain in place within the limits of work shall be protected from damage by workmen, equipment, and operations. Insofar as prosecution of the work allows, following removal of surrounding pavements, etc., the root area beneath the tree drip line shall be protected from damage, including compaction. Protection shall include temporary fencing, barricades, etc. Warning tape will not be considered sufficient. 300-1.4 Payment. Note the following: Full compensation for clearing, grubbing, demolition and removal of items not mentioned but are part of demolition and removals shall be paid for as part of the work of that item, and no additional compensation will be allowed. Tree removal and disposal shall be paid as indicated on the Bid Schedule item and no additional compensation will be allowed. 300-2 UNCLASSIFIED EXCAVATION 300-2.1 General. Unclassified excavation shall consist of all excavation, including roadways, bituminous pavement, native soil for construction of bio-infiltration basin, and concrete pavement, curb, walk, gutters, cross gutters, driveways, and access ramps, unless separately designated. Removals shall be in accordance to Section 401 Removals. 300-2.9 Payment. The first sentence of Subsection 300-2.9 of the Standard Specifications is hereby amended as follows: Payment for Unclassified Excavation will be made at the Contract Unit Price per cubic yard (CY) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, sawcutting, hauling, disposal, and other incidentals for doing all work, complete, and in place, involved in unclassified excavation and no additional compensation will be allowed therefor. Payment for unclassified excavation performed as part of the work for “remove and construct” bid items, including removal of extra AC thickness shall be paid for as part of the work for that item, and no additional compensation will be allowed. 300-4 UNCLASSIFIED FILL 300-4.1 General. Add the following: The site shall be graded to the limit lines and elevations shown on the drawings with such allowances as may be required for the construction of 139 SPECIAL CONDITIONS 01/2022 1 SPC21-12 walks, and other site improvements. Tolerance for rough grading is 1/10th of a foot (30mm), plus or minus, at drainage swales, building pads, and paved areas. At other areas, appearance shall be the governing factor. Finish grades shall slope to drain without water pockets or irregularities and shall conform to the intent of all plans and sections, after thorough settlement, and compaction of the soil. Finished grades shall meet all existing or established controls of sidewalks, curbs, and walls and shall be of uniform slope and grade between points of fixed elevations or elevation controls from such point to established grades. Tolerance for finish grading is ¼ inch (6mm), plus or minus. 300-4.1 General. Delete the second and third paragraphs and replace with the following: Rocks, broken concrete, or other solid materials which are larger than 1 inch in greatest dimension shall not be placed in fill areas that are to be planted. Clods or hard lumps of earth 1 inch or more in greatest dimension shall be broken up before compacting the material in fill areas to be planted. Fill material containing large rocks, boulders, or hard lumps (such as hardpan or cemented gravel which cannot be broken readily) over 12 inches in greatest dimension shall not be incorporated in the fill. Such materials shall be removed from the site. Selected material from the site that meets the requirements for Class C topsoil may be used in landscaped areas in the upper 12 inches of fill. (Ref: Sec. 300-2.7) or as make-up fill material underneath hardscape paving. Make-up fill material in landscaped areas shall be Class A topsoil for the upper 12 inches of fill. (Ref: Sec 801-2.2.1) 300-4.9 Measurement and Payment. The text of Subsection 300-4.9 of the Standard Specifications is hereby deleted and replaced with the following: Full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved in unclassified fill construction shall be considered as included in the payment of the work of that item. No separate payment shall be made therefor; in addition, the unclassified fill shall include all costs for grading, shaping, compacting spreading, consolidating, placing selected site materials, furnishing, and other work that is required under this subsection. Payment for subgrade preparation required for PCC maintenance walk PCC paved median nose, Cobblestone paving, AC pavement replacement, retaining curb construction shall be considered included in those items of 140 SPECIAL CONDITIONS 01/2022 1 SPC21-12 work, and no separate payment will be made therefor. SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION 301-1.3 Relative Compaction. The first paragraph of Subsection 301-1.3 of the Standard Specifications is hereby deleted and replaced with the following: When pavement is to be placed directly on subgrade material, the top 6 inches (150 mm) of subgrade material shall be compacted to a relative compaction of 95 percent. When base or subbase material, curb, gutter alley pavement, driveways, or sidewalk are to be placed on the subgrade material, the top 6 inches (150 mm) of such subgrade material shall be compacted to a relative compaction of 90 percent. After compaction and trimming, the subgrade shall be firm, hard, and unyielding. 301-2 UNTREATED BASE 301-2.4 Measurement and Payment is amended by adding thereto the following paragraphs: Measurement and Payment for Construct 8-Inch Thick Aggregate Base shall be per cubic yard (CY) of aggregate base compacted in place within the limits and the dimensions shown on the Plans and shall include but not limited to furnishing all labor, tools, material, equipment, grading and compaction of subgrade, hauling, and incidentals for doing all work involved in construction of this item to the lines and grades shown on the plans, and no additional compensation will be allowed therefore. SECTION 302 - ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT Subsections 302-5.1 General is hereby amended thereto by adding the following paragraphs: Cracks, joints, and holes to be filled shall be cleaned after cold milling. AC for AC pavement repairs and for PCC pavement repairs shall be placed the same day as removals are performed. 302-5.1.1 Preparation Crack Treatment is hereby amended thereto by 141 SPECIAL CONDITIONS 01/2022 1 SPC21-12 adding the following: A singular crack shall be considered to be a crack on the perimeter of an otherwise uncracked asphalt pavement area, a pavement block, exceeding 4 feet in minimum dimension. Such pavement area is defined by the cracks forming its perimeter. If asphalt concrete pavement is being constructed directly upon an existing asphalt concrete pavement: 1) Contractor shall spray all weeds in cracks with an approved herbicide, such as brand Roundup, a minimum of 1 week prior to paving. All weeds shall be resprayed if rain occurs within 48 hours after application; 2) all holes and cracks exceeding 1.5 inches deep by 5 inches wide by 7 inches long in all 3 dimensions shall be cleaned, tacked and filled with temporary 3/8” (cutback) asphalt concrete compacted level with the top of the existing pavement; 3) all cracks and holes with weeds shall be routed clear to a depth of one-inch; 4) All cracks and joints 1/4 inch or greater in width shall be blown clear with high pressure air; and 5) all singular cracks and joints shall be filled with Crafco Polyflex Type III or equal. Crack and joint filling shall utilize a banding type applicator (Crack banding machine or equivalent) or a “shoe” attachment on a wand, capable of spreading a band 2 to 3 inches wide over the crack, while at the same time striking off the crackfiller at a uniform thickness between 3/32 and 5/32-inch. Thickness shall not exceed 5/32-inch, but if so, crackfiller shall be reheated and replaned to the specified thickness by a method approved by the Engineer. To ensure awareness of the specification by crackfill crew, the foreman on the crackfill work shall fill out the following certificate, have the certificate at the site of the work, and present the certificate to the inspector on request. CRACKFILL CREW - CERTIFICATE OF PROCEDURES ***No work shall begin without this certificate on site, signed by the foreman.*** As the on-site supervisor of the crackfill crew, I hereby certify that I am aware of and will provide for proper labor and equipment for the work as specified: " capable of spreading a band 2 to 3 inches wide over the crack, while at the same time striking off the crackfiller at a uniform thickness between 3/32 and 5/32-inch thick." I also certify that I have verified that the crackfill material is the same material shown on the Certification of Compliance, or is the precise product identified in the specifications: Crafco Polyflex Type III Print Name: Signed Date 142 SPECIAL CONDITIONS 01/2022 1 SPC21-12 All crack preparation shall be performed after cold milling, and cracks in cold milled areas. Engineer shall be notified in writing 24 to 48 hours prior to performing crack filling. Contractor shall seal the largest singular cracks in the quantity specified below for each street segment listed herein respectively, within 15 percent above or below that amount. Quantities more than 15 percent above the amounts shown will not be paid without written authorization from the Engineer. Actual lineal footage sealed will be paid at the bid item price, subject to these provisions. STREET LIMITS TOT. CRK LG TOTAL 302-5.4 Tack Coat. The tack coat shall be applied as specified in Subsection 302-5.4 of the Standard specifications and these Special Provisions. The Engineer will determine if the pavement is sufficiently dry for the application of the tack coat. Tack coat shall not be applied when the temperature of the surface to be tacked is below 50° F in the shade. Whenever pavement surface temperatures exceed 120, a small test section shall be applied approximately 30 feet in length to gauge setup time for the tack to not stick to truck tires. The setup time shall be recorded. Paving, material delivery and tack coat placement must be coordinated and scheduled to provide that tack is setup before placing trucks on the tacked area. Pavement surface temperatures shall be monitored and additional test sections shall be performed to revise the paving operation as conditions change. Upon occurrence of tracking of tack coat, paving shall cease, except remaining material in the hopper shall be used, and the tack shall be allowed time to setup. On all vertical joins of AC patching, apply SS-1H tack coat uniformly in two coats of .20 gallons per square yard each with full “break” in between, or 143 SPECIAL CONDITIONS 01/2022 1 SPC21-12 .20 gallons per square yard PG 64-10 uniformly in one coat. Tack coat shall not be applied when the temperature of the surface to be backed is below 60° F in the shade. Tack coat shall not be applied until preparation of the existing surface has been completed and thoroughly cleaned, and then only so far in advance of placing the overlay as permitted by the Engineer. Tack coat shall not be left exposed overnight. Immediately in advance of placing the overlay, additional tack coat shall be applied as directed by the Engineer, to areas where the tack coat has been destroyed or otherwise rendered ineffective, and no additional compensation will be allowed for such work. Paving of overlay shall not proceed until the tack coat has stiffened sufficiently to not stick to truck tires. Existing concrete curb faces and all concrete not to be overlaid shall be protected against disfigurement from the tack coat. Residue of tack coat material shall be removed from curb faces by sandblasting to return the concrete to its original condition unless otherwise directed by the Engineer. Excessive tracking of tack coat onto adjacent pavements will require immediate clean-up. If significant amounts of paving asphalt are traced onto existing adjacent pavements, the contractor shall clean it off to the satisfaction of the Engineer or provide a slurry seal to restore the pavement at their own expense. 302-5.5 Distribution and Spreading. Contractor shall provide 20-foot long automatic screed control on both sides of the paving machine for all paving with paving machine, as directed by Engineer. The asphalt concrete as delivered shall be deposited directly into the hopper of the spreading and finishing machine. Truck transfer and bottom-dump trucks are not allowed. Each paving machine used will require a paving foreman for each machine along with a full set of rollers as specified and two rakers and one shoveler laborer at a minimum. 302-5.6 Rolling. Rolling along a joint shall be such that the widest part of the roller is on the hot side of the joint. Rubber tire rollers shall be used on any leveling course. Three rollers shall be provided for installation of AC greater than 200 tons per hour, regardless of thickness. 302-5.7 Joints. Join lines between successive runs shall be within 6 inches 144 SPECIAL CONDITIONS 01/2022 1 SPC21-12 of lane lines or center of street or a minimum of 14 feet outside of the outer most lane line or center of street, or 5 to 6 feet from a lane line or center of street and within a lane. The joint pattern for all pavement layers shall be submitted in writing to the Engineer for review and approval 2 weeks in advance of the first lift of pavement to be placed. No exceptions to the specified requirements for joints shall be anticipated, and the Engineer’s decision shall be final. 302-5.9 Measurement and Payment. Measurement and payment for Construct 3-INCH Thick AC Pavement shall be at the contract price per ton (TN) and include full compensation for all labor, materials, tools, equipment and incidentals required to construct AC pavement to the lines and grades shown on the plans. This bid item will include furnishing the material, placement, compaction, prime coat, tack coat, asphaltic emulsion coating on vertical surfaces to abut the new pavement, and all other work required to result in an asphalt pavement meeting the requirements of the specifications. 302-9 ASPHALT-RUBBER HOT MIX (ARHM). 302-9.1 General. Subsection 302-9.1 General is hereby amended thereto by adding the following paragraphs: All PCC surfaces, to be crossed by trucks used to haul ARHM, that are within 500 feet of the work limits shall be covered with sand or other durable covering prior to applying tack coat. Contractor shall have sufficient power brooms on site during all periods of distribution and spreading to provide for cleanup of haul routes and work areas. Power broom shall provide miscellaneous cleanup of ARHM spoils as directed by the Engineer. Power brooms used ahead of paving operations after acceptance of cold milling shall only sweep areas that are accepted as completed for cold milling. Power brooms shall not be operated more than 80 percent full of sweepings. Power brooms that have swept areas not accepted as completed for cold milling shall not enter onto areas that are accepted as completed for cold milling 302-9.3 Distribution and Spreading. The temperature of ARHM shall be high enough upon delivery that pavement temperature after two passes with the breakdown roller exceeds 145 SPECIAL CONDITIONS 01/2022 1 SPC21-12 290 degrees Fahrenheit (143 degrees Celsius). To avoid picking up loose rock in the overlay area, the tires of all trucks must be lightly oiled with linseed oil or soybean oil or approved equal. Diesel fuel will not be allowed on the project at all for oil down of any equipment. Raking of ARHM shall be eliminated as much as possible. ARHM material shall not be cast across the mat under any circumstance. Raking shall be just enough to set up edges for uniform joins without casting material. Screed controls shall be the predominant means of controlling material at joins. In areas where paving machines cannot be used due to space constraints, material shall not be thrown by shovels. Material shall be removed directly from the paving machine hopper and shall be placed directly in its final location, to be distributed with minimal raking. Material may be dumped directly from a truck, but further material distribution shall be by shovel directly to its final location with minimal raking. A small rubber tire tractor with a screed type attachment may be used to spread a pile dumped from a truck, but raking shall be minimized after spreading. The paving machine screed shall not be pulled across an area already paved with ARHM, even adjacent to narrow areas to be paved. Such narrow areas shall have ARHM distributed by methods specified by shovel or rubber tire tractor, unless the adjacent area has hardened enough and will not be significantly marred by passing the screed over it. Even if hardened adequately, Contractor shall spread rock dust by hand tools to avoid cohesion of the ARHM in the screed to the existing surface of such areas of freshly cured ARHM. Contractor shall maintain a functioning infrared heat measurement device in close proximity to each paving machine at all times. The infrared device shall be correlated by thermometer to the actual mat temperature prior to use. The correlation difference shall be applied to all readings thereafter. Contractor shall provide a pavement temperature reading, with an infrared heat measurement instrument, when requested by the Engineer. Inaccessibility of a heat measurement shall be cause for termination of paving operations. Transverse cold joints shall be provided such that longitudinal joints are not left exposed at the end of the workday. 302-9.4 Rolling. Initial breakdown rolling shall be vibratory. Rolling in vibratory mode shall not be performed after ARHM material temperature falls below 290 degrees F (143 degrees C), due to disturbance of the bonds beginning to set up in the binder at lower temperatures. 146 SPECIAL CONDITIONS 01/2022 1 SPC21-12 An intermediate roller of the same or greater width than the breakdown roller shall be rolling directly behind the breakdown roller at all times, and paving shall cease if intermediate rolling is terminated for any reason. Additional intermediate rollers may be necessary depending on production rates. Once a rolling pattern is elected by Contractor, the rolling pattern shall remain consistent, unless conditions change and/or a modified rolling pattern is needed to conform to specification. All finish rolling shall be performed by a separate finish roller. To ensure optimum quality control, the use of more than one paver will require notification 3 days in advance to the Engineer, and will generally require one foreman, one sweeper, and a full complement of rollers per Subsection 302-5 of the Standard Specifications and this Subsection 302- 9.4 for each paving machine. An extra breakdown roller shall be on site at all times, free of defects. 302-9.4.1 Density and Smoothness. Density and smoothness shall conform to Subsection 302-5.6.2, except the second and third paragraph of Subsection 302-5.6.2 shall not apply to ARHM. The compaction after rolling shall be 95 percent of density obtained with the California Kneading Compactor, California Test 304 as modified and measured in conformance to this Subsection 302-9.4.1. The field density of compacted ARHM shall be determined by: 1) A nuclear asphalt testing device, calibrated in conformance with California Test 375, except as modified in this Subsection 302- 9.4.1, in the field designed to measure the density of pavement of the thickness being constructed; or 2) Core with density determined as follows: a) Saw the ARHM lift of pavement from the top of the core approximately perpendicular to the axis of the core, just above any underlying pavement or as necessary to obtain a clean flat surface at the bottom of the sample. b) Clean and dry the sample as described in ASTM 1188. c) Perform California DOT Test 308 Method A step a. 147 SPECIAL CONDITIONS 01/2022 1 SPC21-12 d) Prior to proceeding to steps 308A b., 308A c., 308A d. and 308A e., place the core, top surface down, firmly into a flat pan of hot liquid paraffin approximately 1/4 inches deep. Allow the sample and paraffin to cool to firm solid state and remove the sample from the pan by cutting around the perimeter. Trim the edges of paraffin parallel to the side of the sample cylinder, and weigh the cylinder to obtain: G = Mass in grams of level sealed paraffin-treated specimen in air. e) Perform 308A b., 308A c., and 308A d on the sample from D) above. f) Complete the remainder of Test 308A, except replace the formula in 308A e. with the following: Bulk Specific Gravity = A (D – E) – (D – G) / F In case of dispute, 1) shall be used, except Contractor may elect to use 2), but all costs for such procedures shall be borne by the Contractor to provide the full set of coring, tests and documentation in conformance with the Standard Specifications, except all test methods shall be modified as specified in these Special Provisions. Also, Contractor shall notify the Engineer at least 3 days in advance of coring operations, and immediately after core testing is complete Contractor shall deliver cores to the Agency for verification. Nuclear test procedures, including correlation with core densities, shall be in conformance with California Test 375, except as follows: If a test section is placed and compacted for that purpose, rolling shall be provided as follows: 1) 2 passes with a vibratory breakdown roller above 290 degrees F; and 2) 4 passes with a static roller above 200 degrees F. Core locations for correlation with cores shall be selected based on appearance of relatively tight surface texture, and the test strip shall be selected on this basis. If a test location is determined to have a significantly open texture relative to other areas within the test strip, the location shall not be used. This selection criteria are not to be considered significant to the outcome of, but only as a guideline towards obtaining samples that are relatively well compacted to yield results with minimum standard deviation. The locations shall be well clear of grade breaks and joints. One core centered on the gauge will be used instead of two at each location. Use method 2) in this Subsection 302-9.4.1 to determine density of cores. Surface voids shall not be filled with sand. 148 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Contractor will be notified in writing at least 5 days in advance of such correlation testing and will be invited to have a nuclear gauge onsite to correlate a second gauge. If not independently calibrating at that time, Contractor shall bear the full expense of performing correlation for his nuclear gauge under the specified procedures, but shall notify the City 5 days in advance of such correlation testing, such that the City can correlate with the Contractor’s gauge, if Contractor disagrees with City’s test results. TABLE 302-9.4.1A REDUCED COMPENSATION FACTORS Relative Compaction (Percent) Reduced Compensation Factor Relative Compaction (Percent) Reduced Compensation Factor 95.0 0.000 93.4 0.062 94.9 0.002 93.3 0.068 94.8 0.004 93.2 0.075 94.7 0.006 93.1 0.082 94.6 0.009 93.0 0.090 94.5 0.012 92.9 0.098 94.4 0.015 92.8 0.108 94.3 0.018 92.7 0.118 94.2 0.022 92.6 0.129 94.1 0.026 92.5 0.142 94.0 0.030 92.4 0.157 93.9 0.034 92.3 0.175 93.8 0.039 92.2 0.196 93.7 0.044 92.1 0.225 93.6 0.050 92.0 0.300 93.5 0.056 302-9.4.2 Compaction Payment Reductions. Based on laboratory tests on AC pavements revealing a highly significant loss of life span for each 1 percent reduction of compaction, and the well known catastrophic effect of oxidation and stripping of asphalt products due to interconnected voids that develop below 95 percent compaction, and the extreme expense of removing and replacing pavement not compacted to the specified minimum, a nominal deduction of payment will be applied for under- compacted ARHM pavement. The bidder in submitting a bid fully accepts the provisions in this Subsection 302-9.4.2 and agrees that the nominal payment deduction is acceptable and reasonable for these purposes. 149 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Payment reductions will be applied to ARHM compacted less than 95 percent of maximum density, the specified minimum, and greater than 91.9 percent of the maximum density based on nuclear testing with Part 3 Test Site Selection of California Test 375 modified as follows: A lot will be one day’s production or other lesser area of paving as determined by the Agency to be deficient in terms of compaction, and a pull will be the width between joints or edge of pavement as the lot is placed. Test site selection will conform to California Test 375 Part 3, except the number of tests shall be the area of the lot in square feet divided by 400 and any test site within .5m of a grade break or pavement joint shall be relocated laterally towards the center of the pull to .5m from such joint or grade break. The mathematical mean average of percent of maximum density represented by all these tests shall be calculated, except any test results outside of this mean plus two standard deviations based on all tests, shall be rejected. The mean average shall be calculated directly from the remaining values. A compensation reduction in conformance with Table 302-9.4.1A will be applied to the contract unit price for ARHM for material within any lot determined to be below minimum relative compaction, except any lot with tests indicating compaction 91.9 percent or less shall be removed and replaced at Contractor’s expense. 302-9.7 Rock Dust Blotter. Lack of uniformity of application of rock dust shall be cause to terminate paving operations. Rock dust blotter shall not be applied until intermediate rolling is complete, except as approved by the Engineer based on a fine uniform layer of rock dust, or at major intersections and access points. 302-9.9 Payment. Payment for Construct 2-Inch ARHM Overlay shall be paid at the contract price per ton (TN) and shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, tack coat, and other incidentals for doing all work, complete, and in place, involved in constructing ARHM overlay and crack sealing as indicated in the contract documents and no additional compensation will be allowed therefor. 150 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION Add new Section 303-1.12 Cobblestone and Boulder Placement. 303-1.12 Cobblestone and Boulder Placement. Cobblestone to be placed in concrete bed for the construction of cobblestone paving shall be selected for size and shape to appear as “natural” as feasible. Flat and broken faces of rock shall be placed face down. Rock shall be embedded to the extent necessary to secure it in place. Landscape boulder shall be placed in a manner to produce a reasonably well-graded mass with the minimum practicable percentage of voids. Boulder shall be placed to its full course thickness in one (1) operation and in a manner to avoid displacing the underlying material. Material shall not be dropped from a height of more than 18 inches. Contractor shall maintain the landscape stone protection until accepted and any material displaced by any cause shall be replaced at Contractor’s expense to the lines and grades indicated. Hand placing, barring, or placing by crane will be required only to the extent necessary to secure the results specified. Placing landscape boulder by dumping into chutes or by similar methods likely to cause segregation will not be permitted. Provide 48-hour notice to Engineer prior to rock placement for review and acceptance 303-1.14 Payment. Payment for Furnish and Construct Median Cobblestone Paving shall be at the contract bid price per square feet (SF) in place for construction, including pick-up from source and delivery to project site, loading and unloading, spreading, laying in place, and no other payment shall be made therefor. Payment for Furnish and Install Natural Boulder in all areas shall be at the contract bid price per TON (TN), including pick-up from source and delivery to project site, loading and unloading, spreading, laying in place, and no other payment shall be made therefore. 303-5 CONCRETE CURBS, WALKS, GUTTERS, AND CROSS GUTTERS, ACCESS RAMPS, AND DRIVEW AYS 303-5.1 Requirements is hereby amended thereto by adding the following paragraphs: 303-5.1.1 General. Concrete areas behind sidewalks, driveways and right-of-way shall be considered as walks. The Contractor shall protect all new concrete installations from damage by others 151 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (subcontractors or the general public such as, blemishes, water stains, stress cracks, graffiti markings, etc.). The removal and replacement of damaged concrete work shall be performed and no additional cost to the Agency (City). Concrete sidewalk shall be a minimum 4” thick over native soil compacted to a minimum of 95% relative compaction per the Standard Plans for Public Works Construction 112-2 and 113-2. Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 3’ limit of removal. Residual from any saw-cutting shall be removed by vacuum. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system. Sawcutting shall be accomplished by the use of a power driven saw. The depth of the cut shall be deep enough to provide a clean, straight break without loosening, cracking, or damaging adjoining asphalt or concrete. A clean sawcut edge shall be maintained until new concrete sidewalk is constructed. The exact location of sidewalk removal shall be approved by the City Engineer in the field. Generally, sawcuts shall be on existing joints or score mark. All necessary sawcutting of existing concrete sidewalks shall be to the lines as required by the City Engineer. Sawcutting shall be included in the unit price and no further compensation shall be made. It is Contractor’s responsibility to protect all existing adjacent features such as landscaping, irrigation system, property’s fence/wall/gates, curb and gutter, pull boxes, utility boxes, and etc. in place per section 400-1. All damages to these items shall be fixed to the satisfaction of City Engineer without any additional compensation. Concrete sidewalk shall be constructed to the line, grades and designs shown on the plans or as ordered by the City Engineer. Existing surfaces to be joined shall be sawcut on a neat, straight line at the join location. The Contractor shall remove and replace any new concrete work with graffiti markings and blemishes at no additional cost to the City. Unless otherwise specified, soil in subgrade for curb and gutter shall be compacted to a relative compaction of ninety-five (95) percent in the top six (6) inches of subgrade. Detectable warning surface (truncated domes) for curb ramps shall be surface mounted and have a 2.35” dome spacing from center to 152 SPECIAL CONDITIONS 01/2022 1 SPC21-12 center per Safety Step Truncated Domes Tactile Warning Devices or approved equal, unless otherwise noted. Color shall be yellow. Payment of detectable warning surface shall be included in the unit price bid for removal and construction of new curb ramps per Caltrans Std Plan A88A. 303-5.9 Measurement and Payment Payment for Remove and Construct 4-Inch Thick PCC Sidewalk over Subgrade Compacted to 95% Relative Compaction per SPPWC Std Plan 113-5 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, compaction, and incidentals for the removal and construction of 4-inch thick PCC sidewalk and no additional compensation will be made therefor. Payment for Remove and Construct Commercial Drive Approach per SPPWC Std Plan 110-2, Type A shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, compaction, and incidentals for the removal and construction of drive approaches and no additional compensation will be made therefor. Payment for Remove and Construct Curb and Gutter per SPPWC Std Plan 120-2 (Type Per Plan) shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, compaction, and incidentals for the removal and construction of curb and gutter and no additional compensation will be made therefor. Payment for Construct Median Curb Type C1-8 per SPPWC Std Plan 120-2 shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, steel dowel anchors, tools, equipment, hauling, disposing, compaction, and incidentals for the removal and construction of curb and gutter and no additional compensation will be made therefor. Payment for Remove and Construct Spandrel per SPPWC Std Plan 122-2 shall be paid at the contract price per square foot (SF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, 153 SPECIAL CONDITIONS 01/2022 1 SPC21-12 disposing, compaction, and incidentals for the removal and construction of spandrels and no additional compensation will be made therefor. Payment for Remove and Construct Curb Ramps per Caltrans Std Plan A88A shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, saw cutting, hauling, disposing, compaction, and incidentals for the removal and construction of curb ramps and no additional compensation will be made therefor. Payment for Construct 4-inch thick Median Concrete Maintenance Strip and Paving shall be at the contract bid unit price per square foot (SF) for construction, including expansion/tooled/saw cut joints and joint filler, soil excavation and disposal for maintenance strip and paving and no additional compensation will be made therefor. SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION 306-3 TRENCH EXCAVATION 306-3.1 General. Add the following: Where conduit is to be placed within the drip line of existing trees, the following conditions apply: A. When the trench excavation is outside five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade, the provisions of Section 300-1.1 apply B. When the trench excavation is to encroach within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade, the excavation in the vicinity of tree roots shall be by hand, air jet, or water jet to expose affected roots. Conduit shall be placed beneath the structural tree roots (all roots 2-inches or larger). No structural root shall be cut without the express written permission of the Engineer. Any such cutting shall comply with the provisions of Section 300-1.1. SECTION 309 – MONUMENTS 309-2 MATERIALS. Delete the second sentence and replace with the following: Marker plates for survey monuments will be furnished by the Contractor at 154 SPECIAL CONDITIONS 01/2022 1 SPC21-12 the Work site. 309-4 PAYMENT. Delete subsection 309-4 and replace with the following: Payment for installing monuments shall be included by Contractor in its bid for any items requiring the survey work and no additional payment will be made by City to Contractor therefor. 155 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SPECIAL PROVISIONS PART 4 EXISTING IMPROVEMENTS SECTION 400 – PROTECTION AND RESTORATION 400-1 GENERAL Subsection 400-1 GENERAL paragraph three (3) is hereby deleted and amended thereto by the following paragraph: Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall conform to 701-2. Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectivity reduced by the Contractor's operations, such striping or markings shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements. Add the following subsection: 400-1.2 Preservation of Property 400-1.2.1 Repair / Modification of Existing Turf Median (a) Lawn. The Contractor shall resod in accordance with 800-1.4.5 of the Standard Specifications in areas where turf is temporary removed for construction and required to be replaced. Thickness and type of sod shall match removed lawn. (b) Sprinklers and Improvements. The Contractor shall coordinate work with the City’s representative. The Contractor shall test and document the condition of existing improvements before beginning required removals or excavation. The Contractor shall restore private improvements to documented conditions after completing adjacent work. (See Section 306-3 for Trench Excavation requirements). 400-2 PERMANENT SURVEY MARKERS 156 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Subsection 400-2 PERMANENT SURVEY MARKERS paragraph two (2) is hereby deleted and amended thereto by the following paragraph(s): The Contractor shall submit to the Engineer a minimum of seven (7) days prior to the start of Work a list of controlling survey monuments which may be disturbed. The Contractor shall bear the expense of replacing any survey monuments that may be disturbed without permission. Payment of preservation and replacement of survey monuments shall be made per Subsections 2.2.8 Survey Service, 309-4 Payment and 400-3 Payment. Replacement shall be done only under the direction of the Engineer by Registered (licensed) Licensed Land Surveyor or a Registered Civil engineer authorized to practice land surveying within the state. The Contractor will hire a licensed Land Surveyor of Engineer to: a) Set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed, b) File a Corner Record or Record Survey with the County Surveyor after setting the survey points to be used for re-establishment of the disturbed controlling survey monuments, and c) File a Corner Record or Record Survey with the County Surveyor after re-establishment of the disturbed controlling survey monuments. 400-3 PAYMENT Subsection 400-3 PAYMENT first paragraph is hereby deleted and amended thereto by the following paragraph: No separate or additional payment will be made for 1) protection of existing improvements, and 2) restoration of existing improvements. All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the bid. Permanent survey markers will be restored at the Contractor own expense. SECTION 401 – REMOVAL 401-2 ASPHALT CONCRETE PAVEMENT Bituminous Pavement. Bituminous pavement shall be removed to neatly sawed edges. Saw cuts shall be to a minimum depth of 3 inches. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be approved by the Engineer, and a minimum laying depth of 1 inch of new pavement material shall be provided at the join 157 SPECIAL CONDITIONS 01/2022 1 SPC21-12 line. Where bituminous pavement adjoins a trench, the edges adjacent to the trench shall be saw cut to neat straight lines before resurfacing to ensure that all areas to be resurfaced are accessible to the rollers used to compact the subgrade or paving materials. Bituminous pavement on curb and gutter, sidewalk or drive approaches shall be removed by heating with a torch to soften the pavement without creating smoke. Softening shall be performed until the bituminous material can be easily scraped away down to the underlying PCC surface. The blade used for scraping shall be maintained straight along its edge and clean. Bituminous material shall be scraped in this manner until it is completely removed. 401-3 CONCRETE AND MASONRY IMPROVEMENTS 401-3.1 Concrete Pavement. Concrete pavement shall be removed to neatly sawed edges. Saw cuts shall be made to a minimum depth of 3 inches. If a saw cut in concrete pavement falls within 3 feet of a construction joint, cold joint, expansion joint or edge, the concrete shall be removed to the joint or edge. The edges of existing concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas. 401-3.2 Concrete Curb, Walk, Gutters, Cross Gutters, Curb Ramps, Driveway, and Alley Intersections. Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 1½-inches. Concrete sidewalk, or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of the sidewalk. No section to be replaced shall be smaller than 30 inches in either length or width. If the saw cut in sidewalk, access ramp, or driveway would fall within 30 inches of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches of a score mark, the saw cut shall be made in and along the score mark. Curb and gutter shall be sawed to a depth of 1½-inches on a neat line at right angles to the curb face. 401-7 PAYMENT Payment for removals as part of work for “remove and construct” bid items shall be paid for as part of the work for that item and no additional compensation will be allowed. 158 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SECTION 402 – UTILITIES 402-1 LOCATION Subsection 402-1.1 General paragraph one (1), only, is hereby deleted and amended thereto by the following paragraph: 402-1.1 General. Known utilities and their respective owners are shown on the Plans or specified in the Special Provisions. Where underground utilities are shown on the Plans, the Contractor shall assume every property parcel will be served by a connection for each type of utility. The location and existence of any underground utility or substructure was obtained from a search of available records. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor's responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage. The Contractor shall excavate and expose all high-risk underground facilities. The Contractor shall notify the owners of all utilities and substructures as set forth in the General Specifications. SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION 403-1 GENERAL Subsections 403-1 is hereby amended by adding thereto to Section 403 of the Standard Specifications as follows: 403-1.1 Adjustment of Los Angeles County Flood Control District Manhole Frame and Cover Sets to Grade. Adjustments to grade of Los Angeles County Flood Control District Manhole Frame and Cover sets do not require a District permit. However, the Contractor shall notify the Inspection Department at (818) 458-3129, 24 hours in advance of any work in the area of the manhole. 403-1.2 Adjustment of Los Angeles County Sanitation District Manhole Frame and Cover Sets to Grade. Los Angeles County Sanitation District manhole frames and covers shall be set to finish grade as follows: 1. Contractor shall notify the District’s Superintendent of Maintenance, (310) 638-1161 or (310) 774-7272, 48 hours 159 SPECIAL CONDITIONS 01/2022 1 SPC21-12 prior to commencement of any work in the area of the manhole. 2. If grade over manhole is to be lowered: a. Contractor shall furnish and deliver a temporary steel cover plate of thickness and size approved by the District for said manhole. b. Contractor shall excavate around the manholes to a depth and distance outside of the manhole as required by the District for said manhole. c. District shall remove the existing manhole frame and cover, and any interfering portion of the manhole shaft, and shall place the steel cover plate over the manhole. d. Contractor shall store and protect frame and cover for later installation by the District and shall fill and/or pave over the steel plate to final grade. e. Contractor shall remove paving and/or fill as necessary to permit the District to raise manhole to final grade. (Removal of paving and/or fill shall be to a minimum of 2 inches outside of the manhole if the steel plate is less than 6 inches below final grade and 12 inches outside of the manhole if the steel plate is more than 6 inches below final grade.) (Removal of paving and/or fill shall be to a minimum of 2 inches outside of the manhole if the steel plate is less than 6 inches below final grade and 12 inches outside of the manhole if the steel plate is more than 6 inches below final grade.) f. District personnel shall raise manhole and set frame and cover to grade. g. Contractor shall place and compact the backfill and pavement as necessary to complete the work. 3. If grade over manhole is to be raised: a. Contractor shall fill and/or pave directly over frame and cover to final grade. 160 SPECIAL CONDITIONS 01/2022 1 SPC21-12 b. Steps (e) through (g) of 2 above shall be followed, except that if grade is to be raised more than 2 feet, the Contractor shall excavate around the manhole shaft under step (2) to a depth and diameter as necessary, for the District to remove and reconstruct manhole shaft with required taper and as specified by the District. 403-1.3 Adjustment of Water Valve Box Frame and Cover. Water valve box frame and cover within the area to be paved or graded shall be set to finish grade with a concrete collar by the Contractor as required by the Plans and Specifications. In the case of portland cement concrete pavement, water valve box frame and cover shall be set to finish grade by the Contractor before paving. 403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT Subsection 403-3 is amended by adding thereto the following paragraph: Pavement patch material around all frame and covers shall conform to the finish pavement layer specifications; PG 64-10 Class C/D and/or ARHM GG-C/D. 403-5 PAYMENT Subsection 403-5 is amended by adding thereto the following paragraph: Payment for Adjust Water Valve Frame to Grade and Construct Concrete Collar shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for adjusting water valves to grade and constructing concrete collar and no additional compensation will be made therefor. Payment for Adjust Manhole Frame to Grade shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for adjusting manhole frame to grade and no additional compensation will be made therefor. Payment for Adjust Vault Frame to Grade shall be paid at the contract price per each (EA) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for adjusting Vault to grade and no additional compensation will be made therefor. 161 SPECIAL CONDITIONS 01/2022 1 SPC21-12 404-7 WORK SITE MAINTENANCE Section 404-7 is amended thereto by adding the following paragraphs: Cold milling will not be considered complete until all loosened material is removed from the project site. Paving shall not commence until the day after cold milling is complete. Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving. Sweepers used for cold mill sweeping shall not enter on the streets approved as completed for cold milling. SECTION 404 – COLD MILLING 404-2 MILLING MACHINES Subsection 404-2.2 Milling to a Specified Elevation is amended thereto by adding the following paragraph: b) The straight edge grade along the edge of the cold plane area shall not deviate more than ¼-inch below nor 1/8-inch above the grade specified in the Plans or Specifications. 404-7 WORK SITE MAINTENANCE Section 404-7 is amended thereto by adding the following paragraphs: Cold milling will not be considered complete until all loosened material is removed from the project site. Paving shall not commence until the day after cold milling is complete. Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving. Sweepers used for cold mill sweeping shall not enter on the streets approved as completed for cold milling. 404-11 PAYMENT Payment for Cold Mill 2-inch Uniform Depth shall be paid at the contract price per square foot (SF) and include full compensation for all labor, materials, tools, equipment and incidentals required to Cold Mill Existing Asphalt Concrete Pavement. This bid item shall include, but not limited to, full compensation for furnishing all labor, materials, tools, equipment, transportation, hauling, disposal, and other incidentals for doing all work, 162 SPECIAL CONDITIONS 01/2022 1 SPC21-12 complete, and in place, involved in cold milling as indicated in the contract documents, and no additional compensation will be allowed therefor. 163 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SPECIAL PROVISIONS PART 8 LANDSCAPE AND IRRIGATION SECTION 800 - LANDSCAPE AND IRRIGATION MATERIALS 800-1 LANDSCAPE MATERIALS 800-1.1 Topsoil. Topsoil shall be Class A or C. All Class A shall be tested for agricultural suitability. The test results from samples taken at the source shall be delivered to the Engineer at least 10-working days prior to anticipated delivery date to the site. Should the proposed source material be unsatisfactory, the Contractor shall locate a suitable material, and shall pay all additional costs for testing. Class C topsoil shall be tested for agricultural suitability. Three tests at six different locations shall be performed. Exact locations of tests shall be field verified and approved by Engineer. 800-1.1.2 Class "A" Topsoil Add the following: Soil for tree well backfill shall be Class A Topsoil with the following restrictions: Gradation limits shall be 85 percent through 95 percent sand, maximum 10 percent silt, maximum 5 percent clay. The permeability rate shall be not less than 1½ " per hour and no greater than 3" per hour. 800-1.2 Soils Fertilizing and Conditioning Materials General Fertilizing and soil conditioning shall comply with the applicable requirements of the State Food and Agricultural Code. All materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight, and manufacturer’s guaranteed analysis. Fertilizing and soil conditioning material shall not contain toxic ingredients or fillers in quantities harmful to human 164 SPECIAL CONDITIONS 01/2022 1 SPC21-12 life, animals, or plants. The contractor shall furnish a Certificate of Compliance stating that the material substantially meets the specifications. Exact fertilizing and conditioning materials and the required composition and quantities shall be determined by agronomic soils test provided by the Contractor at the completion of rough grading per the requirements of the Model Water Efficient Landscape Ordinance of the State of California. Composted organic humus shall be tested by the soils testing laboratory prior to being used. Nitrogen stabilized sawdust shall be derived from redwood or fir and shall be granular in nature, stabilized with nitrogen and shall have a minimum organic content of 90% by weight, particle size with 95 to 100% passing 2.33 mm standard sieve, 0.5% nitrogen, 1.75 salinity, iron content minimum 0.08% dilute acid soluble Fe (dry weight), ash 0 to 6% (dry weight), pH of 5.5 to 6.0. Sand shall be fine, clean and natural, free from deleterious material, weed seed, clay balls, or rock with minimum 95% passing a No.4 sieve and maximum of 10% passing a No.100 sieve. Gypsum shall be agricultural grade with 90% minimum calcium sulfate. Fertilizer shall be commercially mixed and packaged pelleted or granular form N-P-K blend with micronutrients as recommended by an approved soils report. Dolomite lime shall be agricultural grade with 35% minimum magnesium carbonate and 49% minimum calcium carbonate with 100% passing a No. 65 sieve. 800-1.2.3 Commercial Fertilizer. Commercial fertilizer shall be 12-12-12 NPK. Planting tablets shall be tightly compressed, long-lasting, slow- release fertilizer tablets weighing 21 grams, with a potential acidity of not more than 5 percent by weight and having an analysis of 20- 10-5. Humate shall be TRI-C humate or premium humate available from TRI-C Enterprises. Contact Marilyn Chambers at (909) 590-1790 Marilyn@TRI-COrganics.com. 800-1.2.4 Organic Soil Amendment. 165 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Organic Soil Amendment shall be per the agronomy report, provided by the Contractor at the completion of rough grading per the requirements of the Model Water Efficient Landscape Ordinance of the State of California. Organic soil amendment shall be Type 1. The organic amendment shall be a high quality, composed or natural organic with an EC<2.0 dSm-1. The amendments shall be composted to a C:N ratio of 12:1 maximally, or additional nitrogen provided during incorporation. The compost shall be sampled and analyzed by a lab before being incorporated. 800-1.2.5 Mulch. Mulch shall be Type 5 graded fir Nitrolized wood chips, 1 inch to 3 inch in size by 3/8 inch to 5/8 inch in diameter or as specified on the drawings. 800-1.2.6 Add New Section 800-1.2.6 Soil Conditioner: 800-1.2.6 Soil Conditioners. Iron Sulfate. Iron sulfate shall be ferric sulfate or ferrous sulfate in pelleted or granular form, containing not less than 18.5 percent iron expressed as metallic iron and shall be registered as an agricultural mineral with the State Department of Agriculture in compliance with Article 2, "Fertilizing Materials," Section 1030 of the Agricultural Code. 800-1.4 Plants. 800-1.4.1 General. Add: Varieties shall be as shown on the drawings. All quantities shall be verified by an actual count on the drawings. Plants, including trees, shrubs, and ground covers, shall have been grown in nurseries inspected by the State Department of Agriculture. Inspection and approval of plants is required. Engineer may reject entire lot of plants represented by defective samples. Plants not approved are to be removed from site immediately and replaced with 166 SPECIAL CONDITIONS 01/2022 1 SPC21-12 suitable plants. All plants will be inspected on site of work prior to installation. All planting material including trees, shrubs, groundcovers and vines shall be inspected and approved by the engineer, via photo submittals, prior to delivery to the site. Photo submittal shall include nursery/supplier information and date. Any material delivered to the site without prior approval is subjected for rejection. Photo submittals shall be sent to the engineer a minimum of 48 hours prior to shipment of material. Submittals should include some type of scale reference in photo (e.g. person, measuring tape, etc.). Trees shall be noted with height (from finish grade in container) and canopy head size. Engineer shall be notified of scheduled nursery delivery times a minimum of 24 hours prior to shipment. Refer to planting specifications for additional requirements regarding quality of nursery stocks. 800-1.4.2 Trees. Add: (a) Contractor Furnished Trees: All trees shall be selected by the Contractor and inspected by the Engineer. All trees of 24-inch box size or larger shall be inspected at the nursery. The Contractor shall submit photos of the trees for review prior to the nursery visit. Inspections at no cost to the Contractor will be limited to three nurseries, all within a 30-mile radius of the site of work. Additional inspections and inspections out of the area will be charged to the Contractor at the Engineer's standard billing rate in effect at the date of bid, plus mileage costs, and will be deducted from payments due to the Contractor. (b) All trees of 24-inch size or larger shall be guaranteed for 1 year. Guarantee period shall start on the date the Contractor is relieved of landscape maintenance responsibility. 800-1.5 Headers, Stakes and Ties. 800-1.5.3 Tree Stakes. Stakes shall be round, 10-feet long, conically pointed at one end, minimum 2-inch diameter. Stake material shall be Lodgepole pine, pressure treated with wood preservative. Add new Section 800-1.5.4 Tree Ties. 167 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Tree ties shall be rubber cinch ties by V.I.T. Products (800) 729-1314 or fabricated item approved by the Engineer. Wire devices shall not be used. Add new Section 800-1.7 Landscape Materials. 800-1.7.1 Filter Cloth. Filter cloth shall be a geo-textile fabric, Type 90N as specified in Table 213-5.2 (A), or TenCate Mirafi S-Series, Trevira Spunbond 1115, or equal. 800-1.7.3 Root Control Barrier. (Refer to Section 801-3.1.2) Root control barrier shall be 24-inches wide by 0.080-inches thick high impact polyethylene or polypropylene sheeting with reinforced double top edge, manufactured for root barrier purposes. Sheeting shall have integrally molded root deflector ribbing and integrally molded joiner strips. 800-1.7.4 Samples. Within 15 calendar days of award of contract, submit one 24-inch by 24-inch sample of each item with joining strip or seam and two copies of manufacturer's technical data for approval. 800-2 IRRIGATION SYSTEM MATERIALS General. Within 15 days after award of contract, submit for review 2 copies (or by email to the construction inspector) of a complete materials list, including manufacturer's name and number, covering all material required under this contract, together with 2 copies of descriptive literature on all items listed. Commence no irrigation system construction prior to receipt of Engineer's determination. Item Description Item Description Shut-off gate and butterfly valves (S.O.V.) S.O.V. valve box, lid and sleeve/extension Irrigation controller Irrigation controller enclosure Backflow preventer Backflow enclosure Plastic pipe, pipe fittings, swivel joints Primer and solvent for plastic pipe Metal pipe, fittings Pipe anchors Main filter and element Main filter valve box and lid 168 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Item Description Item Description Remote control valves (R.C.V.) R.C.V. valve box and lid Master R.C.V., box and lid Flow sensor, valve box and lid Identification wire and tape Wire and connectors Quick coupling valves (Q.C.V) Q.C.V. valve box and lid Flush valves Flush valve box and lid Irrigation heads, bodies, and nozzles Check valves Drip emitters, tubing, connectors, boxes Drip filter, relief valve, drain valve Irrigation control wire and connectors Control wire conduit and pull boxes Hose swivels Valve operating wrenches Quick couplers Rain sensor and wire 800-2.1 Pipe and Fittings. Plastic pipe ¾ inch through 1½ inches shall be PVC 1120, Schedule 40 solvent welded pipe. Plastic pipe 2 inches and over shall be PVC 1120, Class 315 solvent welded pipe. All pipe sleeving shall be PVC 1120, Schedule 40 solvent welded pipe. Swing joints shall be as detailed on the drawings. Swing joints and all fittings shall be same pipe size as sprinkler body inlet. Pressure pipe risers and fittings shall be PVC Schedule 80. Risers and fittings for backflow prevention device shall be red brass, standard weight. 800-2.1.3 Plastic Pipe and Fittings. All plastic pipe shall be new normal impact rigid polyvinyl chloride (PVC) 1220 or 1120 pipe extruded from 100 percent virgin materials. All pipe O.D. sizing shall be done in conformance with AWWA iron pipe sizing (I.P.S.). All pipe shall be National Sanitation Foundation approved. 169 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Pipe shall be homogenous throughout, free from visible cracks, holes, blisters, dents, wrinkles, die and heat marks, and foreign materials. Continuously and permanently mark pipe with manufacturer's name or trademark, kind and size pipe, material, manufacturer's lot number, schedule, or Class and NSF seal of approval. The physical specifications of the Society of Plastic Industries for each type of pipe used shall be deemed and construed as a part of this Specification. Pipe dating shall be done in conjunction with records held by the manufacturer for 2 years, covering quality control tests, raw material batch numbers, and any other information required by the manufacturer. Nominal pipe sizes in I.P.S. and Metric shall be as shown in the table below: Iron Pipe Size (I.P.S.) Metric Standard Diameter Nominal (D.N.) ½" 15 mm ¾" 20 mm 1" 25 mm 1¼" 32 mm 1½" 40 mm 2" 50 mm 2½" 65 mm 3" 75 mm 4" 100 mm 6" 150 mm Solvent weld fittings shall be PVC manufacture, heavy wall and of the IPS solvent welded types, Schedule 40. Fittings containing threads shall be Schedule 80. Primer and solvent cement shall be of the type and make approved by the pipe manufacturer for use on its pipe. Unless noted otherwise 170 SPECIAL CONDITIONS 01/2022 1 SPC21-12 by manufacturer, primer shall meet ASTM F-656, and cement shall meet ASTM D-2564. 800-2.2 Valves and Valve Boxes. 800-2.2.2 Shut-Off Valves (S.O.V.) Shut-off valves shall meet the Standard Specification requirements and shall be as specified on the drawings. 800-2.2.4 Remote Control Valves. Remote control valves shall be as specified on the drawings. 800-2.2.6 Quick Coupling Valves and Assemblies. Quick coupling valves shall be as specified on the drawings. 800-2.2.7 Valve Boxes. 1. Shut-Off Valves (S.O.V.). Valve box for gate valve shall be as specified on the drawings. 2. Remote control valves. Valve box for remote control valve shall be as specified on the drawings. 800-2.2.8 Remote Master Valve. Remote master valve shall be as specified on the drawings 800-2.3 Backflow Preventer Assembly. Backflow prevention device shall be of the size and type as indicated on the drawings. 800-2.3.1 Wye Strainer Equipment. Wye strainer shall be as specified on the drawings. Locate wye strainer in separate valve box, downstream from backflow preventer. 800-2.4 Irrigation Heads. Irrigation heads shall be the type(s) called out on the drawings. See Section 800-2.5 for drip and subsurface irrigation equipment. Add new sections: 800-2.5 Drip and Subsurface Irrigation Equipment. 171 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Drip emitter line and subsurface irrigation equipment shall be as specified on the drawings. Dripline spacing between rows: spacing as specified on the drawings. Dripline installation in sandy or clay soil area shall follow manufacturer’s installation guidelines. All drip and subsurface equipment installed shall be supplied by the same manufacturer and/or as specified on the drawings. 800-3 ELECTRICAL MATERIALS 800-3.1 General. All wiring and pull box details shall conform to drawing details, these Specifications and as follows: (a) National Electrical Code. (b) Local Codes and Ordinances. (c) Recommendations as printed by the respective supplier. (d) All wiring shall be continuous, soldered and encapsulated in epoxy- filled Rainbird "DB Series Wire Connector" containers or 3M "DBR/Y" Direct Bury Splice Kit, at connections to remote control valves. It shall be the Contractor's responsibility to call out any conflict between the above-listed recommendations. 800-3.2 Conduit and Conductors. 800-3.2.1 Conduit. The first paragraph of Subsection 800-3.2.1 of the Standard Specifications is hereby deleted and replaced with the following: Conduit shall be PVC 1120, Schedule 40 solvent welded pipe. Conduit shall be a minimum size as shown in the table below: Conduit Size Maximum Number of Wires (#14 AWG) 15mm (½") 2 20mm (¾") 4 25mm (1") 6 172 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Conduit Size Maximum Number of Wires (#14 AWG) 32mm (1¼") 10 40mm (1½") 14 50mm (2") 25 800-3.2.2 Conductors. The second paragraph of Subsection 800-3.2.2 of the Standard Specifications is hereby deleted and replaced with the following: LOW VOLTAGE CONDUCTORS Pilot lines and common wire connecting remote control valves to automatic controller shall be direct burial, U.F. type with approved 4/64-inch thick waterproof coating, 600 volt, 75 degrees centigrade, copper single-strand wire, U.L. approved. All "pilot" wires shall be black color. All "common" wires shall be white color. Wire to moisture sensors shall be orange or blue coated. 800-3.3 Controller Unit. Controller shall operate the number of valves shown on the drawings at one valve per station. Controller shall be as specified on drawings. Add new Section 800-3.4 Supplemental Irrigation Control Systems. Supplemental irrigation control systems include rain shut-off device, but are not limited to: Flow sensor, valve box, flow sensor wires and relays Add new Section 800-4 Enclosures 800-4 ENCLOSURES 800-4.1 General. Materials for enclosures shall conform to Section 206 and fabrication shall conform to Section 304 of the Standard Specifications. 173 SPECIAL CONDITIONS 01/2022 1 SPC21-12 800-4.2 Controller Enclosures. Controller enclosures shall be as specified on the drawings. 800-4.3 Backflow Device Enclosure. Enclosure shall be as specified on the drawings. Enclosure shall have sufficient space to house the specific backflow device complete with test gauges. SECTION 801 - LANDSCAPE AND IRRIGATION INSTALLATION 801-1 GENERAL All existing lawn and landscape areas disturbed by the Contractor as part of or as a result of the work shall be prepared and resodded [reseeded] and/or replanted in kind, except as otherwise designated in the Plans. Existing irrigation systems shall be repaired and restored to operating condition to the satisfaction of the Engineer. Contractor shall field verify with Engineer exact location of all irrigation components such as, but not limited to, valves, sprinkler heads, piping, etc., prior to start of construction. All irrigation components shall be protected in place. However, where there are conflicts with new sidewalks, the water supply lines, valves, and sprinkler heads shall be modified and adjusted to grade or relocated, as necessary. The reinstallation of irrigation components shall be performed in the same manner in which they were originally installed. Contractor shall not have the existing irrigation system inoperable for more than 48 hours continuously. Contractor shall contact the City Park Superintendent, Telephone No.: (626) 812-5259, Contact Person: Roy Chavez and coordinate work to be performed prior to start of construction. 801-1.1 Inspection All inspections will be made by the City. Request inspection at least forty- eight (48) hours in advance of the time the inspection is required. Requested inspections, subsequently canceled without twenty-four (24) hours notice, will be billed to the Contractor. 801-2 EARTHWORK AND TOPSOIL PLACEMENT 801-2.3 Finish Grading, Topsoil Preparation and Conditioning 801-2.3.1 General. Add the following: 174 SPECIAL CONDITIONS 01/2022 1 SPC21-12 After Class A or C topsoil has been placed and prior to amendment, the topsoil will be sampled and tested by the Contractor to assure compliance with the Specifications at a certified testing source. Supplemental tests may be made to assure compliance with amendment and fertilization specifications. All costs associated with testing shall be borne by the Contractor. 801-2.3.2 Fertilizing and Conditioning Procedures. Add the following: The topsoil shall be amended as recommended by the testing laboratory. Should the amendment recommendations furnished by the laboratory exceed those required by the bidding documents, the laboratory recommendations shall be applied at no additional cost to the Agency. For bidding purpose, incorporate into the top 6" of the soil, using a mechanical tiller, tilling in two separate directions the following materials, in all areas to be planted: Material Rate per 1,076 square feet Type I Amendment 3 cubic yards Commercial Fertilizer 10 pounds Agricultural Gypsum 100 pounds 801-2.3.3 Plant Tablets Application Plant tablets 20-10-15 at the following rates: 801-3 HEADER INSTALLATION Add new Section 801-3.1 ROOT CONTROL BARRIER INSTALLATION Tablet Size 21 grams 5 grams Container Size 1 gallon 5 gallon 15 gallon 24-inch box 36-inch box and larger Groundcover Application Rate 1 3 8 20 (1) Tablet per each foot of height 1 175 SPECIAL CONDITIONS 01/2022 1 SPC21-12 801-3.1.1 Root Control Barrier Installation. Install root control barrier in all tree wells to form a continuous barrier at the perimeter. Install and join sections in strict accordance with manufacturer's printed instructions. Install root control barrier boxes where shown on drawings, according to manufacturer's printed instructions. 801-4 PLANTING 801-4.1 General. Add the following: 801-4.1.1 The Contractor is responsible to schedule tree deliveries. Daily deliveries shall not exceed the Contractor's capability to place delivered trees on site unless the Contractor has provided adequate off-site storage space. All charges for extra handling shall be borne by the Contractor. The Contractor shall provide off-loading and placing equipment of adequate capacity to safely handle the furnished trees. 801-4.3 Layout and Plant Location. Delete the first paragraph and replace with the following: "The Contractor shall layout all planting areas and stake locations of trees for the Engineer's approval prior to planting." 801-4.5 Tree and Shrub Planting. Delete the fourth paragraph of Subsection 801-4.5 of the Standard Specifications and replace it with the following: All planting holes, unless otherwise specified in manufacturer’s specifications, shall be backfilled with a prepared backfill mix consisting of the following: Material Rate per cubic yard Rate per m3 Topsoil 1.0 CY 1 m3 Soil Amendment 0.25 CY 0.25 m3 Iron Sulfate 2 lbs. 1 Kg Commercial Fertilizer 1 lb. 0.5 Kg 176 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Insert planting tablets in the manner and of the number specified by the manufacturer in its printed instructions or per table in Section 801-2.3.3. 801-4.6 Planting, Staking and Guying. Tree staking shall be as shown on the drawings. 801-4.10 Mulch. 801-4.10.1 Installation. Following acceptance of plant material installation, apply even layer of mulch, 3-inches thick, over all areas shown as planting areas on the Plans, except lawn areas. The mulch blanket inside watering basins shall be 2 inches thick. Taper thickness of mulch to meet pavement ½" minimum below the finished surface of pavement. Keep mulch 6 inches away from tree and shrub root crown. 801-5 IRRIGATION SYSTEM INSTALLATION 801-5.1 General. (a) Record Drawings. The contractor shall provide and keep up to date at all times, a complete set of print record drawings (“As-Built” Drawings), which shall be corrected daily and show every change from the original Plans and Specifications and the exact installed locations, sizes and kinds of equipment. Prints for this purpose may be obtained from the Engineer at the Contractor’s cost. “As Built” Drawings shall be kept on site and shall be used only as a record set. “As Built” Drawings shall be full size drawings. “As-Built” Drawings shall also serve a work progress sheets and shall be the basis for measurement and payment for work completed. "As- Built” Drawings shall be available at all times for observation and shall be kept in a location easily accessible to the City's Authorized Representative. In the event that the "As-Built" progress sheets are not available for review, or not current at the time of any site visit by the City's Authorized Representative, it will be assumed that no work has been completed and the Contractor will be assessed the cost of that site visit at the current billing rate of the City's Authorized Representative. No other site observations shall take place without prior payment of this assessment. The Contractor shall make neat and legible notations on the "As- Built” Drawing progress sheets daily as the work proceeds, showing the work as actually installed. For example, should a piece of 177 SPECIAL CONDITIONS 01/2022 1 SPC21-12 equipment be installed in a location that does not match the Drawings, the Contractor must indicate that equipment has been relocated in a graphic manner so as to match the original symbols as indicated in the irrigation legend. The relocated equipment and dimensions will then be transferred to the original "As-Built” Drawings at the proper time. Before the date of the Final Walk-Through, the Contractor shall transfer all information from the "As-Built” Drawing progress sheets to contact Mylar plans procured from the City's Authorized Representative at the Contractor's cost. Drafting shall be done with waterproof technical pen ink and applied to the contact Mylar by technical drafting pens made expressly for use on Mylar surfaces. Documenting the “As-Built” Drawings in AutoCAD, Release 2018 (or earlier release compatible with 2018) format is allowed in lieu of ink and Mylar drawings. Dimensions shall be documented so as to be easily readable even on the final Irrigation Controller Charts. Mylar computer plots of the “As-Built” Drawings shall be submitted to the City's Authorized Representative for approval prior to the making of the Irrigation Controller Charts. The Contractor shall dimension from two permanent points of reference, building corners, sidewalk, or road intersections, etc., the location of the following items: a. Connection to existing water lines. b. Gate and ball valves. c. Routing of irrigation pressure lines (dimension max. 100' along routing). d. Control valves. e. Routing of control wiring. f. Backflow prevention assembly. g. Master valve, flow sensor and sensor signal cable. h. Quick coupling valves. i. Control wire conduit and wire splice boxes. j. Other related equipment as directed by the City's Authorized Representative. On or before the date of the Final Walk-Through, the Contractor shall deliver the corrected and completed Mylar “As-Built” Drawings to the City's Authorized Representative. Delivery of the “As-Built” Drawings will not relieve the Contractor of the responsibility of furnishing required information that may have been omitted from the “As-Built” Drawings. (b) Irrigation Controller Charts. 178 SPECIAL CONDITIONS 01/2022 1 SPC21-12 "As-Built" Drawings shall be approved by the City's Authorized Representative before Irrigation Controller Charts are prepared. Provide two (2) Irrigation Controller Charts for each irrigation controller supplied. Each Irrigation Controller Chart shall show the area controlled by that automatic irrigation controller and shall be the maximum size that fits through the irrigation controller door will allow. The Irrigation Controller Chart is to be a reduced "As-Built" Drawing of the irrigation system. In the event that the Irrigation Controller Chart is not legible when the chart is reduced, the text on the "As-Built" Drawing may be enlarged to a size that will be readable when reduced. The Irrigation Controller Chart shall be a monochromatic Xerox copy on #20 bond with each valve station represented by a different color. When completed, hermetically seal the Irrigation Controller Chart between two pieces of 7 mil. plastic laminate. Irrigation Controller Charts shall be completed and approved by the City's Authorized Representative prior to the Final Walk-Through. 801-5.1.2 Items to be Furnished by Contractor. Provide the following tools as a part of this contract: (a) Two sets of keys for automatic controller cabinet. (b) Two sets of keys for lock on controller enclosures. (c) One coupler for quick coupler valves; each coupler shall be equipped with 20mm (3/4") diameter 300mm (12") tall bronze hose bib, bent-nose type, with handwheel. (d) Two loose keys for each three quick coupler valves installed under this contract. (e) Two special wrenches suitable for operating each type of shut-off valve installed under this contract. (f) Two tools for disassembly and assembly or adjustment of each type equipment used in this installation requiring such special tools. 179 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (g) One valve box key for lock-lid valve boxes used in this installation. (h) Two sets of operating instructions and a parts list as printed by each manufacturer of each type equipment included in this contract; refer to "Materials" section of the Specifications and legend on drawings. (i) One specified padlock for each backflow device enclosure, as approved by the City. 801-5.1.3 Guarantees. A letter guarantee from each manufacturer shall be submitted to the Agency guaranteeing materials for a period of 1 year against material defects and workmanship. In cases where longer guarantees are required by these Specifications, such guarantees are separate and distinct from the Contractor's general guarantee. The guarantee for the irrigation system shall be in accordance with the attached form. One copy of the Guarantee form shall be included in the Operations and Maintenance Manual. The Guarantee form shall be re-typed onto the Contractor's letterhead and contain the following information: GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM We hereby guarantee that the sprinkler irrigation system we have furnished and installed is free from defects in materials and workmanship. And the work has been completed in accordance with the Drawings and Specifications, except for ordinary wear and tear and unusual abuse. We agree to repair or replace any defects in material or workmanship, which may develop during the period of 1 year from the date of Final Acceptance by the City, and agree to repair or replace damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within a reasonable time, as determined by the City, after receipt of written notice. In the event of our failure to make such repairs or replacements within a reasonable time after receipt of written notice from the City, we 180 SPECIAL CONDITIONS 01/2022 1 SPC21-12 authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand. PROJECT: LOCATION: SIGNED: ADDRESS: PHONE: DATE OF ACCEPTANCE: 801-5.1.4 Utilities. a) Water Meter Installation. Contractor shall arrange with the serving Water Utility to have meter location marked in field. Contractor shall perform hot tap connection to water main; install service line to meter location, furnish meter and box. Water meter box and all related equipment/material shall conform to Water Utility standards. b) Water Connection. Contractor shall arrange water service with the serving utility. c) Electric Connection. Contractor shall arrange electric service with the serving utility. d) The Contractor shall prepare all applications for services, pay any required application fees for the water, electricity services as required, for irrigation and landscape only, as indicated on the drawings. e) Contractor shall notify the Engineer 14 calendar days minimum prior to the anticipated date of service connection. 801-5.3 Irrigation Pipeline Installation. 801-5.3.5 Trench Backfill in Roadways and Parking Areas. Section 801-5.3.5 is hereby added to Section 801-5 of the Standard Specifications as follows: 1. All trenches for pipeline and electrical conduit under roadways 181 SPECIAL CONDITIONS 01/2022 1 SPC21-12 shall be backfilled with a portland cement concrete treated slurry conforming to Subsection 201-1.1.2. Class Use Table for Trench Backfill Slurry. Sand bedding material shall extend at least 6 inches above the pipe or conduit. 2. Paving for trench cover shall meet the pavement requirements for this project and shall be at least the thickness of adjacent undisturbed paving plus 1-inch (25mm), thoroughly compacted in place, and finished to a neat continuous surface. 801-5.4 Installation of Valves, Valve Boxes, and Special Equipment. Add the following: Pull boxes for control wires that are set in pavement shall be flush with the finish surface. Pull boxes for control wires, valve boxes, etc., shall be offset from and parallel to walk. 801-5.6 Automatic Control System Installation The Automatic Irrigation Controller Assembly shall include the following: • Automatic Irrigation Controller as indicated on the drawings • Flow sensor, valve box, flow sensor wires and relays • Rain shut-off device Automatic Irrigation Controller Assemblies shall include supplemental irrigation control systems. Supplemental irrigation control systems equipment shall include furnishing and installing the specified equipment in conformance with the manufacturer's written instructions and specifications, including communications equipment, sensors, wire, valve boxes, special connectors, terminal boards, and any other equipment required to provide a complete operating system. 801-5.7 Flushing and Testing. 801-5.7.1 General. The text of Subsection 801-5.7.1 of the Standard Specifications is hereby deleted and replaced with the following: Flush Main Lines. Flushing of the lines will be done before quick coupling valves and remote control valves are in place. All open ends shall be piped (temporarily) to exhaust flushing water up and 182 SPECIAL CONDITIONS 01/2022 1 SPC21-12 out of the trenches. No water will be permitted to fall into the trench. Flushing procedure will be to first open the ports nearest the source, then recap and move progressively toward the end of the line with only one open port flushing at any one time. 801-5.7.2 Pipeline Pressure Tests. The text of Subsection 801-5.7.2 of the Standard Specifications is hereby deleted and replaced with the following: 1. Main Lines: Pressure tests on main lines shall be made after lines have been flushed and after control valves and quick coupling valves are set in place. Close all control valves by hand. Pipes shall be centerloaded leaving all fittings exposed. Contractor shall furnish force pump and pressure gauges necessary to complete pressure tests. 2. Pipe: All metal main lines in the system shall be capped and pressure tested at 125 psi (860 Kpa) for a period of 1 hour with no drop in pressure. All leaks found shall be corrected by turning the pipe in the fittings as no caulking or epoxy fillers will be permitted. 3. Plastic Pipe: All plastic main lines in the system shall be capped and pressure tested at 125 psi (860 Kpa) for a period of 1 hour with no drop in pressure. All leaks found shall be corrected by removing the leaking pipe or fittings and installing new material in place thereof and retesting. 4. Closing in Uninspected Work: The Contractor shall not allow nor cause any of this work to be covered or enclosed until it has been inspected, tested and approved by the Engineer. Should any of this work be enclosed or covered before such inspection and test, the Contractor shall uncover the work at his own expense and after it has been inspected, tested and approved, shall make all repairs with like materials necessary to restore all his work and that of the other contractors to its original condition. Add the following Subsections: 801-5.7.5 Drip Irrigation Layout Inspection and Test. Subsection 801-5.7.5 is hereby added to Section 801 of the Standard Specifications as follows: The contractor shall notify the engineer for inspection and approval of dripline layout and coverage test prior to backfilling. Should any of 183 SPECIAL CONDITIONS 01/2022 1 SPC21-12 this work be backfilled or covered before such inspection and test, the Contractor shall uncover the work at his own expense and after it has been inspected, tested and approved, shall make all repairs with like materials necessary to restore all his work and that of the other contractors to its original condition. 801-5.7.6 Approval. Subsection 801-5.7.6 is hereby added to Section 801 of the Standard Specifications as follows: Written approval and acceptance of the irrigation system must be obtained before final payment is considered. 801-6 MAINTENANCE AND PLANT ESTABLISHMENT 801-6.1 General. The entire project shall be satisfactorily maintained, commencing from the time that all items of work have been completed as specified in the foregoing articles of these Special Provisions and to the satisfaction of the Engineer, and continuing through the plant establishment period and the landscape maintenance period until final acceptance of the project. Project maintenance work shall consist of: Description of work items: Applying irrigation water Sweeping pavement Removing weeds Removing litter and debris Caring for plants Preventing and repairing damage Manually applying water to tree in tree well and parkway tree by watering truck. Min. 2 times per week. Repairing landscape irrigation systems Project maintenance work shall consist of applying water (except initial watering of plants), watering non-irrigated street trees in tree wells and parkway, weeding, caring for plants, edging, sweeping walks, litter pickup, and performing all general project maintenance. 801-6.2 Plant Establishment Period. The plant establishment period shall be 30-calendar days, commencing upon written approval of the installation, and shall be part of the contract time for the project. 184 SPECIAL CONDITIONS 01/2022 1 SPC21-12 The plant establishment period shall end upon written authorization of the Engineer. 801-6.3 Landscape Maintenance Period. The landscape maintenance period shall be a minimum of 365 calendar days, commencing upon written authorization from the Engineer. This period shall not start until all construction work is complete, including the plant establishment period. 801-6.4 Plant Establishment and Landscape Maintenance Requirements. 801-6.4.1 General. In order to carry out the work, the Contractor shall maintain a sufficient number of men and adequate equipment to perform the work herein specified from the time any planting is done until the final approval. If at any time the Contractor is not performing maintenance work in the opinion of the Engineer, maintenance period shall be suspended and not restarted until all deficiencies have been corrected to the satisfaction of the Engineer. No payments will be made for work required during the suspended period and the period shall be extended by the length of time of the suspension. All plants and planted areas shall be kept well watered and kept well weed-free at all times. Weeds shall be removed and disposed of off the site. (Refer to Section 801-4.5.1 (d) for palm tree maintenance.) The Contractor shall be responsible for detecting diseases and pests as soon as their presence is manifested. He shall take immediate action to identify the disease and/or pest and apply such remedies as are necessary to control the infestation. He shall remove all rodents, taking control measures immediately upon discovery. Apply commercial fertilizer on all planted areas as required to sustain growth. The Engineer shall be notified at least 2 days before starting this operation. Damage to planting areas shall be repaired immediately. 801-6.4.3 Trees, Shrubs, and Groundcovers. No pruning shall be performed by the Contractor unless directed in 185 SPECIAL CONDITIONS 01/2022 1 SPC21-12 writing by the Engineer. The Agency's Certified Arborist must be present for any attempted pruning operations. Seventy-two (72) hours prior notice to the Agency is required before commencing pruning operations. ANY TREES PRUNED WITHOUT PERMISSION OR IN A FASHION UNACCEPTABLE TO THE AGENCY SHALL BE REPLACED IN KIND AND SIZE BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE AGENCY. If pruning is permitted by the Engineer: • All trees and shrubs shall be pruned to maintain natural structure. Clipping into formal shapes such as boxes and balls will not be allowed unless such is specified in the design. • Young trees shall be pruned to select and develop permanent scaffold branches; to remove overlapping and rubbing limbs; to eliminate narrow crotches; and to maintain growth within space limitations. All cuts shall be made to lateral branches, or buds, or flush with branch bark collar. Side pruning of young trees, stubbing or heading back will not be permitted. • Evergreen trees shall not be pruned, except under the direction of the Engineer. • The objectives of shrub pruning are the same as for trees. Groundcovers shall be edged and trimmed to keep in bounds and to achieve an overall even appearance. Keep ground cover 12-inches (300mm) clear of the base of shrubs, and clear of low branches. 801-6.4.4 Replacement of plants. All plants that show signs of failure to grow at any time during the life of the contract or those plants so injured or damaged from any cause, including vandalism, as to render them unsuitable for the purpose intended shall be immediately replaced in kind and size at the expense of the Contractor. 801-6.4.5 Inspections. A written notice requesting an inspection should be submitted to the Engineer at least 48 hours prior to the anticipated date. Prior to inspection, the site must be thoroughly cleaned up and all excess material and debris removed. 186 SPECIAL CONDITIONS 01/2022 1 SPC21-12 Prior to start of and at the end of the plant establishment and landscape maintenance periods, the Contractor will be required to have a complete inspection and approval of all landscape construction items. An inspection shall be scheduled at 30-calendar day intervals during the landscape maintenance period. 801-6.5 GUARANTEE Add the following: Close Out. The irrigation system shall be ready for complete automatic operation to the satisfaction of the Engineer. Contractor shall provide all appurtenances, devices, record documents, and manufacturers literature necessary to operate and maintain the system, and guarantees, in writing. 801-8 PAYMENT Add the following: Payment for Landscape Planting and Irrigation System shall be as follows: (a) Topsoil: Payment for Class A topsoil for tree wells and median planting areas shall be at the contract bid unit price per cubic yard in place and graded to within 30mm (1/10 of a foot) of finish grade. Measurement shall be at the theoretical volume per Plans. (b) Soil Preparation: Payment shall be at the contract bid unit price per square foot, and shall include all costs of furnishing and installing fertilizers and conditioners, tilling, soil testing, fine grading, and other work required to prepare soils for planting. (c) Root Control Barrier: Payment shall be at the contract bid unit price per linear foot in place and shall include all costs for furnishing and installing root control barrier (d) Trees and Shrubs: Payment shall be at the appropriate contract unit bid price per each size of container and shall include all costs for furnishing and installing trees and shrubs. (e) 4 feet by 4 feet Tree Well Construction: Payment shall be at the appropriate contract unit bid price per each and shall include all costs for furnishing and installing, including backfill mix, decomposed granite groundcover, gravel sump, perforated pipe and grate, and soil excavation and disposal. 187 SPECIAL CONDITIONS 01/2022 1 SPC21-12 (f) Root Control Barrier: Payment shall be at the contract bid price per linear foot and shall include all cost for furnishing and installing root control barrier in medians, parkways and tree wells as indicated on the drawings. (g) Mulch. Payment shall be at the contract bid unit price per cubic yard installed, and shall be full compensation for furnishing and installing mulch. (h) Connection to Electric Service: Payment shall be at the contract bid price per each location for connection to service at the point shown on the drawings, including all devices, appurtenances, materials, labor, tools, trenching, excavation, backfill, saw cutting, pavement replacement, new service application to utility agency, and equipment required to provide an operating electrical service and all connecting to electrical equipment. (i) Connection to Water Service: Payment shall be at the contract bid price per each location for complete connection, furnishing and installing all equipment as indicated on the plans including backside plumbing, trenching, excavation, backfill, saw cutting, pavement replacement and all related work that is not covered by the utility agency at the point shown on the drawings. (j) Irrigation Main Line: Payment for irrigation main line shall be at the contract bid unit price per linear foot in place for each size specified in the bid. (k) Irrigation Lateral Line: Payment for irrigation lateral line shall be included in the payments for RZWS assembly and subterranean drip irrigation system. (l) Irrigation Pipe Sleeving: Payment shall be at the contract bid unit price per linear foot in place for each size specified in the bid form and shall include all costs for furnishing and installing pipe sleeving and all other costs necessary for installing sleeving (m) Gate Valve (Shutoff Valve) Assembly: Payment for gate valves shall be at the contract bid unit price per each valve of the size specified in the bid, and shall be for a complete operating assembly, including valve box. (n) Remote Control Valve Assembly and Master Valve Assembly: Payment for Remote Control Valve and Master Valve shall be at the contract bid unit price per each valve of the size specified in the bid, and shall be for a complete operating assembly, including valve box and cover and furnishing and installing control wires to controller. (o) Combination Meter Pedestal & Automatic Irrigation Controller Assembly: Payment for Combination Meter Pedestal & Automatic Irrigation Controller Assembly shall be at the contract bid price per each, and shall include all costs for furnishing and installing a complete operating system, including 188 SPECIAL CONDITIONS 01/2022 1 SPC21-12 conduit, enclosure, as required, supplemental irrigation control systems, and power supply connection. (p) Control Wire: Payment for control wire shall be included in the contract bid unit price for Remote Control Valve Assembly. (q) Control Wire Conduit: Payment for control wire conduit shall be at the contract bid unit price per linear foot in place as shown in the bid form and shall include control wire pull box assembly; all costs for furnishing and installing control wire conduit. (r) Control Wire Pull Box Assembly: Payment for pull box shall be included in the payment for Control Wire Conduit and shall be for a complete assembly. (s) Quick Coupling Valve Assembly: Payment for quick coupling valves shall be at the contract bid unit price per each, and shall be for a complete operating assembly, including valve box. (t) Backflow Prevention Device Assembly: Payment for backflow prevention device shall be at the contract bid lump-sum price, and shall include all costs for furnishing and installing a complete operating assembly, including enclosure. (u) Supplemental irrigation control systems: Payment for rain shut-off device and flow control sensor shall be paid for as part of the Automatic Irrigation Controller Assembly, and no additional payment will be made. (v) RZWS Assembly: Payment for RZWS assembly shall be at the contract bid unit price per each and shall include serving lateral piping between heads and from control valve, and all other appurtenant devices and work. (w) Subsurface Drip Irrigation: Payment for subsurface drip irrigation shall be at the contract bid lump sum price for subsurface drip system, and shall be for a complete operating subsurface drip system installed, including servicing lateral piping, flush valves, operation indicators, and related valve boxes. (x) Wye Strainer-Pressure Regulator Assembly: Payment for the wye strainer -pressure regulator assembly shall be at the contract bid unit price for each, and shall be a complete operating assembly, including valve box. (y) Bio-infiltration Basin Removal & Construction: Payment for constructing Bio-infiltration Basin shall be at the contract bid price per each location including inlet/outlet PCC curb opening; PCC retaining curb; AC pavement and sub-base removal and disposal; PCC paved and cobblestone paved spill-way; bioswale planter median/soil; native soil excavation & removal; 189 SPECIAL CONDITIONS 01/2022 1 SPC21-12 gravel sump drain assembly; and all costs of labor, materials, equipment, tools, and appurtenances for a complete assembly as specified on the drawings. Native site soil excavation and removal shall comply with Section 300-2 of this Specifications. (z) Planting Area in Frontage Road Median Removal & Construction: Payment for removal & disposal existing AC pavement and sub-base and furnishing Class A topsoil in planting areas along the frontage road medians shall be at the contract price per cubic yard and shall include all costs of labor, materials, equipment, tools, and appurtenances for a complete construction. Native site soil excavation and removal shall comply with Section 300-2 of this Specifications. (aa) Plant Establishment Period: Payment for the plant establishment period shall be included in the unit bid prices for landscape planting items and no additional compensation will be made therefor. (bb) Landscape Maintenance Period: Payment shall be at the contract lump- sum bid price in compliance with Section 801-6.1, and shall include all costs of labor, materials, equipment, tools, and appurtenances to maintain the landscape planting and irrigation system. All costs for testing, record drawings, and other miscellaneous costs shall be distributed among the various items, and no additional payment will be made therefor. 190 SPECIAL CONDITIONS 01/2022 1 SPC21-12 SPECIAL PROVISIONS SIGNING, STRIPING, AND PAVEMENT MARKERS All equipment, materials, and components for signing and striping, and the installation thereof, shall conform to the 2018 Caltrans Standard Plans, and Standard Specifications, Section 81, “Miscellaneous Traffic Control Devices,” Section 82 “Signs and Markers”, and Section 84, "Markings", unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. All materials required for the completion of work as shown on the Plans shall be provided by the Contractor. SECTION 81 - MISCELLANEOUS TRAFFIC CONTROL DEVICES 81-3 PAVEMENT MARKERS 81-3.02 Materials. 81-3.02E Epoxy Adhesive. Adhesive for raised pavement markers shall be rapid set type epoxy. Removal of pavement markers shall be per Section 81-8.03B, "Remove Pavement Markers," of the State Standard Specifications. 81-3.04 Payment. Payment for pavement markers shall be included in the lump- sum price bid for striping, and no additional compensation will be allowed therefor. SECTION 82 – SIGNS AND MARKERS 82-3 ROADSIDE SIGNS 82-3.03 Construction. Relocated signs shall be installed using existing posts at new locations and shall be set at a minimum 30-inch depth and at a minimum 12- inch square portland cement concrete (PCC). The post depth of the concrete footing shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk. New signs shall be installed using metal posts set at a minimum of 30-inch depth in a minimum 12-inch square PCC, except as specified otherwise, the metal post shall be 2-inch square “Qwik Punch” posts. The length of the metal post shall be sufficient to extend from the top of the sign to 30-inches below the top of the 191 SPECIAL CONDITIONS 01/2022 1 SPC21-12 concrete footing and provide a 7-foot clearance between the finished grade and the bottom of the sign. The depth of the concrete footings shall be sufficient to extend at least 6-inches below the bottom of the posts. ¼-inch expansion paper shall be placed between the sign foundation and sidewalk. Drill holes for bolts, threaded rods, or expansion anchorage devices drilled in existing concrete by a method that will not shatter the concrete adjacent to the holes. Repair any spalling or chipping of concrete structures at contractor’s expense. Marker and delineators shall conform to the provision in Section 81, "Miscellaneous Traffic Control Devices." 82-3.04 Payment. Payment for signing shall be included in the lump-sum price bid for striping, and no additional compensation will be allowed therefor. SECTION 84 - MARKINGS 84-2 TRAFFIC STRIPES AND PAVEMENT MARKINGS 84-2.02 Materials. 84-2.02A General. Traffic stripes, pavement markings, crosswalks, and arrow markings shall be thermoplastic, unless otherwise shown on the Plans. Curb markings shall be paint, two (2) coats. Contractor shall repaint all curb markings within the project limits as noted on the plans. 84-2.02B Thermoplastic. Traffic striping shall be thermoplastic including crosswalks, arrows and other pavement legends. 84-2.02C Paint. Curb markings shall be paint, ready-mixed rapid dry type. Ready-mixed paints shall be suitable for use on either asphalt concrete or Portland cement concrete. 84-2.03 Construction. 84-2.03A General. The Contractor shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer. The Contractor shall establish all traffic striping between these points by stringline or other method to provide striping that will vary less than ½-inch in 50-feet from the specified alignment. 192 SPECIAL CONDITIONS 01/2022 1 SPC21-12 When no previously applied figures, markings, or traffic striping are available to serve as a guide, suitable layouts shall be spotted in advance of the permanent paint application. Traffic lines may be spotted by using a rope as a guide for marking spots every 5-feet, by using a marking wheel mounted on a vehicle, or by any other means satisfactory to the Engineer. The Contractor shall mark or otherwise delineate the traffic lanes in the new roadway or portion of roadway, or detour before opening it to traffic. The Contractor shall provide an experienced technician to supervise the location, alignment, layout, dimensions, and application of the paint. Spotting shall be completed prior to the removal of any existing stripes. Existing stripes and markings shall be removed prior to painting new stripes and markings, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays. The installation of traffic stripes includes placement of raised pavement markers when called for on the plans. Adhesive for raised pavement markers shall be per Section 81, “Pavement Markers.” Existing traffic stripes (including raised pavement markers), pavement legends, and markings that do not conform to the plans shall be removed by grinding method per Section 81-8.03B, “Remove Pavement Markers,” and Section 84-9.03B, "Remove Traffic Stripes and Pavement Markings" of the State Standard Specifications. 84-2.04 Payment. Payment for striping details, pavement markings, and curb markings shall be included in the lump sum price bid for signing and striping, and no additional compensation will be allowed. 193 SPECIAL PROVISIONS 01/2022 SPC21-12 SPECIAL PROVISIONS ELECTRICAL WORK AND SYSTEMS All equipment, materials, and components for traffic signal loop replacement shall conform to the 2018 Caltrans Standard Plans and Standard Specifications, Section 86, "Electrical Work" and Section 87 “Electrical Systems”, including latest revisions, unless otherwise noted in these Special Provisions and on the Plans. These Plans and Specifications are hereinafter referred to as State Standard Plans and State Standard Specifications. Copies of these documents are available from the Caltrans, District 7 office at 100 South Main Street, Los Angeles, California 90012 or from Caltrans, 6002 Folsom Boulevard, Sacramento, California 95819, (916) 445-3520. All materials required for the completion of work as shown on the Plans shall be provided by the Contractor. SECTION 86 – GENERAL 86-1.01 General. 86-1.01C Submittals. The schedule of values (cost breakdown) shall be submitted to the Engineer in conjunction with equipment list and drawings. Equipment List and Drawings shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Contract Approval. Materials lists, manufacturer's data, brochures, technical data, etc., shall be labeled and identified, and shall be submitted in bound booklet form. The Contractor shall retain one copy of all approved material lists and samples at the job site, readily accessible for inspection by the Engineer. Said materials lists and samples shall be the basis for approval or rejection of work. The Contractor shall guarantee the entire work constructed under this contract and will fully meet all requirements as to quality of workmanship and materials furnished by him. The Contractor shall make, at the Contractor’s expense, any repairs or replacements made necessary by defects in workmanship or materials that becomes evident within 1 year after acceptance of work by the Agency and to restore to full compliance with the requirements of these Specifications, any part of the work which during the 1-year period is found to be deficient with respect to any provision of the Plans and Specifications. The Contractor shall make all repairs and replacements promptly upon receipt of written orders from the Engineer. If 194 SPECIAL PROVISIONS 01/2022 SPC21-12 the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost. Whenever any work or equipment is to be guaranteed or maintained by a manufacturer, supplier, or subcontractor, said obligation shall be that of the Contractor. All guarantees shall be in writing and delivered to the Engineer by the Contractor prior to final acceptance of the work. 86-1.01D Quality Assurance. 86-1.01D(3) Department Acceptance. Materials and equipment furnished by the Contractor shall be tested at an independent testing facility designated by the City. Cost for testing and delivery to and from the test site shall be considered as included in the lump-sum price bid for traffic signal installation/modification, and no additional compensation will be allowed. 86-1.02 Materials. 86-1.02F Conductors and Cables. 86-1.02F(2) Conductors. 86-1.02F(2)(c) Copper Conductors. 86-1.02F(2)(c)(i) General. Circuit conductors shall be THW PVC type. SECTION 87 – ELECTRICAL SYSTEMS 87-1 GENERAL 87-1.03 Construction. 87-1.03A General. No work shall commence and no material or equipment shall be stored at the jobsite until such time that the Contractor notifies the Engineer in writing of the date that all electrical materials and equipment are to be received. Upon receipt of said notification by the Engineer, the Contractor may commence work within 5-working days prior to said delivery date. Where the Contractor-installed facilities are damaged prior to final acceptance by the Engineer, the Contractor shall repair or replace such facilities at his own expense. 195 SPECIAL PROVISIONS 01/2022 SPC21-12 The job site shall be maintained in a neat and orderly condition at all times and areas of sidewalk removal to be left open for less than 5 days shall be covered with plywood sheeting and barricades. Areas to be left open more than 5 days shall be patched with temporary AC pavement, smoothed to provide a level finished walking surface. 87-1.03F Conductors and Cable Installations. 87-1.03F(2) Cables. 87-1.03F(2)(c) Copper Cables. 87-1.02F(2)(c)(ii) Detector Lead-in Cables. Loop detector lead-in cable shall be Type B. 87-1.03F(3) Conductors. 87-1.03F(3)(c) Copper Conductors. 87-1.03F(3)(c)(ii) Inductive Loop Conductors. Loop wire shall be Type 2. 87-1.03H Conductor and Cables Splices. 87-1.03H(2) Splice Insulation Methods. Splices shall be Type C insulated by Method B, as shown on State Standard Plan ES-13A, except detector conductor (video, loop, et cetera) splices shall be Type S or T insulated by Method B, as shown on Standard Plan ES- 13A, and shall also be soldered. 87-1.03L Utility Service. Electrical service equipment installation and conduit run details shall be as specified by the serving utility company, and written proof of their approval by the utility shall be submitted to the Engineer prior to installation. The Contractor shall be responsible for all service details, expenses, and scheduling far in advance of need. The Contractor shall pay all service connection fees. 87-1.03V Detectors. 87-1.03V(1) General. Vehicle detectors shall be of the inductive loop, Type E. Detector loop locations shall be approved by Engineer in the field prior to installation. PVC conduit per Standard Plan ES-5E, Curb Termination Detail, Type B, shall be installed wherever a loop-wire saw cut crosses an expansion joint or pavement type change. 196 SPECIAL PROVISIONS 01/2022 SPC21-12 The sides of the loop saw cut slots shall be vertical and the minimum radius of the slot entering and leaving the circular part of the loop shall be 1½-inches. Slot width shall be a maximum of ¾-inch. Slots of circular loops shall be filled with elastometric sealant. Loops shall be installed on the same day in which the loop slots are cut. This shall include placement of the loop conductors and sealant. PAYMENT Payment for inductive loops shall be paid per unit price bid for each inductive loop as shown on the Plans, and no additional compensation will be allowed therefor. 197 SPECIAL PROVISIONS 01/2022 SPC21-12 FEDERAL REQUIREMENTS Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-1 Page 1 of 25 January 2022 EXHIBIT 12-G REQUIRED FEDERAL-AID CONTRACT LANGUAGE (For Local Assistance Construction Projects) The following language must be incorporated into all Local Assistance Federal-aid construction contracts. The following language, with minor edits, was taken from the Code of Federal Regulations. MAINTAIN RECORDS AND SUBMIT REPORTS DOCUMENTING YOUR PERFORMANCE UNDER THIS SECTION 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE)........................................................................ F-2 A. NONDISCRIMINATION STATEMENT ........................................................................................... F-2 B. CONTRACT ASSURANCE ............................................................................................................ F-3 C. PROMPT PROGRESS PAYMENT ................................................................................................. F-3 D. PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS .................................... F-3 E. TERMINATION AND SUBSTITUTION OF DBE SUBCONTRACTORS ....................................... F-4 F. COMMITMENT AND UTILIZATION ............................................................................................... F-5 G. DBE RUNNING TALLY OF ATTAINMENTS ................................................................................. F-6 2. BID OPENING ........................................................................................................................................ F-6 3. BID RIGGING ......................................................................................................................................... F-6 4. CONTRACT AWARD ............................................................................................................................. F-6 5. CONTRACTOR LICENSE ...................................................................................................................... F-6 6. CHANGED CONDITIONS ...................................................................................................................... F-6 A. DIFFERING SITE CONDITIONS .................................................................................................... F-6 B. SUSPENSIONS OF WORK ORDERED BY THE ENGINEER ...................................................... F-6 C. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK ....................................................... F-7 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ............................ F-7 8. BUY AMERICA ....................................................................................................................................... F-7 9. QUALITY ASSURANCE ........................................................................................................................ F-8 10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS .............................................. F-8 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS .............. F-8 12. FEMALE AND MINORITY GOALS ...................................................................................................... F-19 13. TITLE VI ASSURANCES ..................................................................................................................... F-20 14. USE OF UNITED STATES-FLAG VESSELS (CARGO PREFERENCE ACT) ................................... F-23 15. FEDERAL TRAINEE PROGRAM ........................................................................................................ F-23 16. PROHIBITIONS OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES ............................................................................................................. F-25 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-2 Page 2 of 25 January 2022 1. DISADVANTAGED BUSINESS ENTERPRISES (DBE) The contractor, subrecipient or subcontractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the Agency shows a contract goal for DBEs. The prime contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers. The prime contractor shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is the prime contractor’s responsibility to verify that at date of bid opening the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work codes applicable to the type of work the firm will perform on the contract. Additionally, the prime contractor is responsible for documenting the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found here: https://dot.ca.gov/programs/civil-rights/dbe-search. All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies the prime contractor purchases from DBEs counts towards the goal in the following manner: • 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are obtained from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." The prime contractor receives credit toward the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows: • The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals. • The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. • The DBE receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs. • The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the contract. • The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. • A lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. a. Nondiscrimination Statement The contractor, subrecipient or subcontractor will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, the contractor, subrecipient or subcontractor will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-3 Page 3 of 25 January 2022 b. Contract Assurance Under 49 CFR 26.13(b): The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible. c. Prompt Progress Payment The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors. d. Prompt Payment of Withheld Funds to Subcontractors The Agency may hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The Agency shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. The Agency shall include either Method 1, Method 2, or Method 3 below and delete the other two. Method 1: No retainage will be held by the Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Method 2: No retainage will be held by the Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-4 Page 4 of 25 January 2022 Method 3: The Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. Any violation of these provisions of Prompt Progress Payment and Prompt Payment of Withheld Funds to Subcontractors shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. e. Termination and Substitution of DBE Subcontractors The prime contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the Agency’s written consent. The prime contractor shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without prior written authorization from the Agency. Unless the Agency’s prior written consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form, included in the Bid. The Agency authorizes a request to use other forces or sources of materials if the bidder shows any of the following justifications: 1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project. 2. The Local Agency stipulated that a bond is a condition of executing the subcontract and the listed DBE I fails to meet the Local Agency’s bond requirements. 3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law. 4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination). 5. Listed DBE's work is unsatisfactory and not in compliance with the contract. 6. Listed DBE is ineligible to work on the project because of suspension or debarment. 7. Listed DBE becomes bankrupt or insolvent. 8. Listed DBE voluntarily withdraws with written notice from the Contract. 9. Listed DBE is ineligible to receive credit for the type of work required. 10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract. 11. The Agency determines other documented good cause. The prime contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons, allowing the DBE 5 days to respond to the notice and advise the prime contractor and the Agency of the reasons why the use of other forces or sources of materials should not occur. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-5 Page 5 of 25 January 2022 The prime contractor’s request to use other forces or material sources must include: I 1. One or more of the reasons listed in the preceding paragraph. 2. Notices from the prime contractor to the DBE regarding the request. 3. Notices from the DBEs to the prime contractor regarding the request. If the Agency authorizes the termination or substitution of a listed DBE, the prime contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must (1) perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal; and (2) be certified as a DBE with the most specific available NAICS codes and work codes applicable to the type of work the DBE will perform on the contract at the time of the prime contractor’s request for substitution. The prime contractor shall submit their documentation of good faith efforts within 7 days of their request for authorization of the substitution. The Agency may authorize a 7-day extension of this submittal period at the prime contractor’s request. More guidance can be found at 49 CFR 26 app A regarding evaluation of good faith efforts to meet the DBE goal. f. Commitment and Utilization Note: In the Agency’s reports of DBE participation to Caltrans, the Agency must display both commitments and attainments. The Agency’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization. The bidder shall submit the Exhibit 15-G Construction Contract DBE Commitment, included in the Bid book. This exhibit is the bidder’s DBE commitment form. If the form is not submitted with the bid, the bidder must remove the form from the Bid book before submitting their bid. The bidder shall complete and sign Exhibit 15-G Construction Contract DBE Commitment included in the contract documents regardless of whether DBE participation is reported. The bidder shall provide written confirmation from each DBE that the DBE is participating in the Contract. A copy of a DBE's quote serves as written confirmation. If a DBE is participating as a joint venture partner, the bidder shall submit a copy of the joint venture agreement. If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be completed and submitted by all bidders to the Agency within five (5) days of bid opening. If the bidder does not submit the DBE Commitment form within the specified time, the Agency will find the bidder’s bid nonresponsive. The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction Contract DBE Commitment form unless they receive authorization for a substitution. The Agency shall request the prime contractor to: 1. Notify the Resident Engineer or Inspector of any changes to its anticipated DBE participation 2. Provide this notification before starting the affected work 3. Maintain records including: • Name and business address of each 1st-tier subcontractor • Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier • Date of payment and total amount paid to each business (see Exhibit 9-F Monthly Disadvantaged Business Enterprise Payment) If the prime contractor is a DBE contractor, they shall include the date of work performed by their own forces and the corresponding value of the work. Before the 15th of each month, the prime contractor shall submit a Monthly DBE Trucking Verification (LAPM Exhibit 16-Z1) form. If a DBE is decertified before completing its work, the DBE must notify the prime contractor in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the prime contractor in writing of the certification date. The prime contractor shall submit the notifications. Upon Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-6 Page 6 of 25 January 2022 work completion, the prime contractor shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and submit the form within 30 days of contract acceptance. Upon work completion, the prime contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it within 90 days of contract acceptance. The Agency will withhold $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form. g. DBE Running Tally of Attainments After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments, to business.support.unit@dot.ca.gov with a copy to the Agency. 2. BID OPENING The Agency publicly opens and reads bids at the time and place shown on the Notice to Contractors. 3. BID RIGGING The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. 4. CONTRACT AWARD If the Agency awards the contract, the award is made to the lowest responsible and responsive bidder. 5. CONTRACTOR LICENSE The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164). 6. CHANGED CONDITIONS a. Differing Site Conditions 1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. 2. Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment which results in a benefit to the contractor will be allowed unless the contractor has provided the required written notice. 4. No contract adjustment will be allowed under this clause for any effects caused on unchanged work. (This provision may be omitted by the Local Agency, at their option.) b. Suspensions of Work Ordered by the Engineer 1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. 2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-7 Page 7 of 25 January 2022 suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The contractor will be notified of the engineer's determination whether or not an adjustment of the contract is warranted. 3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed. 4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. c. Significant Changes in the Character of Work 1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered. 2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable. 3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract. 4. The term “significant change” shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or • When a major item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. 7. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall begin work by the Commencement Date stated in the Notice to Proceed. This work shall be diligently prosecuted to completion before the expiration of ONE HUNDRED (100) WORKING DAYS after the date shown on the Notice to Proceed. The Contractor shall pay to the City of Azusa the sum of $4,800.00 per day, for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above. 8. BUY AMERICA Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. Steel and iron materials must be produced in the U.S. except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)]; 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, materials produced outside the U.S. may be used. Production includes: Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-8 Page 8 of 25 January 2022 1. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition; 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials. 9. QUALITY ASSURANCE The Local Agency uses a Quality Assurance Program (QAP) to ensure a material is produced to comply with the Contract. The Local Agency may examine the records and reports of tests the prime contractor performs if they are available at the job site. Schedule work to allow time for QAP. 10. PROMPT PAYMENT FROM THE AGENCY TO THE CONTRACTORS The Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Agency fails to pay promptly, the Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Agency shall act in accordance with both of the following: 1. Each payment request shall be reviewed by the Agency as soon as practicable after receipt for the purpose of determining that it is a proper payment request. 2. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. 11. FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS (Excluding ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS) [The following 10 pages must be physically inserted into the contract without modification.] Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-9 Page 9 of 25 January 2022 I. General II. Nondiscrimination III. No segregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Government wide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. FHWA-1273 – Revised May 1, 2012 II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-10 Page 10 of 25 January 2022 2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees and will establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. FHWA-1273 – Revised May 1, 2012 c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-11 Page 11 of 25 January 2022 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. FHWA-1273 – Revised May 1, 2012 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b.The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-12 Page 12 of 25 January 2022 IV. DAVIS -BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: FHWA-1273 – Revised May 1, 2012 (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside, in a separate account, assets for the meeting of obligations under the plan or program. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-13 Page 13 of 25 January 2022 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social FHWA-1273 – Revised May 1, 2012 security number and current address of each covered worker and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-14 Page 14 of 25 January 2022 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. FHWA-1273 – Revised May 1, 2012 The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-15 Page 15 of 25 January 2022 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. FHWA-1273 – Revised May 1, 2012 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-16 Page 16 of 25 January 2022 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704) . FHWA-1273 – Revised May 1, 2012 VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-17 Page 17 of 25 January 2022 X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. FHWA-1273 – Revised May 1, 2012 h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-18 Page 18 of 25 January 2022 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings. FHWA-1273 – Revised May 1, 2012 i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-19 Page 19 of 25 January 2022 12. FEMALE AND MINORITY GOALS To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal-aid construction contracts and subcontracts that exceed $10,000: The nationwide goal for female utilization is 6.9 percent. The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows: MINORITY UTILIZATION GOALS Economic Area Goal (Percent) 174 Redding CA: Non-SMSA (Standard Metropolitan Statistical Area) Counties: CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama 6.8 175 Eureka, CA Non-SMSA Counties: CA Del Norte; CA Humboldt; CA Trinity 6.6 176 San Francisco-Oakland-San Jose, CA: SMSA Counties: 7120 Salinas-Seaside-Monterey, CA CA Monterey 7360 San Francisco-Oakland CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA CA Santa Clara, CA 7485 Santa Cruz, CA CA Santa Cruz 7500 Santa Rosa CA Sonoma 8720 Vallejo-Fairfield-Napa, CA CA Napa; CA Solano Non-SMSA Counties: CA Lake; CA Mendocino; CA San Benito 28.9 25.6 19.6 14.9 9.1 17.1 23.2 177 Sacramento, CA: SMSA Counties: 6920 Sacramento, CA CA Placer; CA Sacramento; CA Yolo Non-SMSA Counties CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba 16.1 14.3 178 Stockton-Modesto, CA: SMSA Counties: 5170 Modesto, CA CA Stanislaus 8120 Stockton, CA CA San Joaquin Non-SMSA Counties CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne 12.3 24.3 19.8 179 Fresno-Bakersfield, CA SMSA Counties: 0680 Bakersfield, CA CA Kern 2840 Fresno, CA CA Fresno Non-SMSA Counties: CA Kings; CA Madera; CA Tulare 19.1 26.1 23.6 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-20 Page 20 of 25 January 2022 For the last full week of July during which work is performed under the contract, the prime contractor and each non-material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15. 13. TITLE VI ASSURANCES The U.S. Department of Transportation Order No. 1050.2A requires all federal-aid Department of Transportation contracts between an agency and a contractor to contain Appendix A and Appendix E. (Appendix B is required only if the contract impacts deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein. Appendices C and D are required only if the contract impacts deeds, licenses, leases, permits, or similar instruments entered into by the recipient.) APPENDIX A During the performance of this Agreement, the contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows: a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement. b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California 180 Los Angeles, CA: SMSA Counties: 0360 Anaheim -Santa Ana-Garden Grove, CA CA Orange 4480 Los Angeles-Long Beach, CA CA Los Angeles 6000 Oxnard-Simi Valley-Ventura, CA CA Ventura 6780 Riverside-San Bernardino-Ontario, CA CA Riverside; CA San Bernardino 7480 Santa Barbara-Santa Maria-Lompoc, CA CA Santa Barbara Non-SMSA Counties CA Inyo; CA Mono; CA San Luis Obispo 11.9 28.3 21.5 19.0 19.7 24.6 181 San Diego, CA: SMSA Counties 7320 San Diego, CA CA San Diego Non-SMSA Counties CA Imperial 16.9 18.2 Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-21 Page 21 of 25 January 2022 Department of Transportation or the FHWA as appropriate and shall set forth what efforts CONTRACTOR has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.) Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-22 Page 22 of 25 January 2022 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will thereupon revert to and vest in and become the absolute property of the recipient and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-23 Page 23 of 25 January 2022 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 14. USE OF UNITED STATES-FLAG VESSELS The CONTRACTOR agrees- 1. To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carries, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. 2. To Furnish within 20 days following the date of loading for shipments originating within the United State or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590. 3. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 15. FEDERAL TRAINEE PROGRAM (to be used when applicable) For the Federal training program, the number of trainees or apprentices is 0. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-24 Page 24 of 25 January 2022 This section applies if a number of trainees or apprentices is specified in the special provisions. As part of the prime contractor’s equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved. The prime contractor has primary responsibility for meeting this training requirement. If the prime contractor subcontracts a contract part, they shall determine how many trainees or apprentices are to be trained by the subcontractor. Include these training requirements in each subcontract. Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training. Distribute the number of apprentices or trainees among the work classifications on the basis of the prime contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area. Before starting work, the prime contractor shall submit to the City: 1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification The prime contractor shall obtain approval from the City for this submitted information before the prime contractor starts work. The City credits the prime contractor for each apprentice or trainee the prime contractor employs on the job who is currently enrolled or becomes enrolled in an approved program. The primary objective of this section is to train and upgrade minorities and women toward journeymen status. The prime contractor shall m ake every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area and show that they have made the efforts. In making these efforts, the prime contractor shall not discriminate against any applicant for training. The prime contractor shall not employ as an apprentice or trainee an employee: 1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman 2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training The prime contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The prime contractor’s records must show the employee's answers to the questions. In the training program, the prime contractor shall establish the minimum length and training type for each classification. The City and FHWA approve a program if one of the following is met: 1. It is calculated to:  Meet equal employment opportunity responsibilities  Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts The prime contractor shall obtain the State's approval for their training program before they start work involving the classification covered by the program. The prime contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Local Assistance Procedures Manual Exhibit 12-G Required Federal-Aid Contract Language F-25 Page 25 of 25 January 2022 Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training. The City reimburses the prime contractor 80 cents per hour of training given an employee on this contract under an approved training program: 1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a Federal-aid project and the prime contractor does at least one of the following:  Contribute to the cost of the training  Provide the instruction to the apprentice or trainee  Pay the apprentice's or trainee's wages during the off-site training period 3. If the prime contractor complies with this section. Each apprentice or trainee must: 1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill 2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program The prime contractor shall furnish the apprentice or trainee with a copy of the program with which the prime contractor will comply in providing the training. 16. PROHIBITION OF CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT AND SERVICES In response to significant national security concerns, the agency shall check the prohibited vendor list before making any telecommunications and video surveillance purchase because recipients and subrecipients of federal funds are prohibited from obligating or expending loan or grant funds to: • Procure or obtain; • Extend or renew a contract to procure or obtain; or • •Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The prohibited vendors (and their subsidiaries or affiliates) are: • Huawei Technologies Company; • ZTE Corporation; • Hytera Communications Corporation; • Hangzhou Hikvision Digital Technology Company; • Dahua Technology Company; and • Subsidiaries or affiliates of the above-mentioned companies. In implementing the prohibition, the agency administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. Local Assistance Procedures Manual Exhibit 12-H Sample Bid January 2019 F-26 THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THIS CERTIFICATION, WHICH IS A PART OF THIS PROPOSAL.) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The □bidder / □proposed subcontractor hereby certifies that he □has / □has not participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Local Assistance Procedures Manual Exhibit 12-H Sample Bid January 2019 F-27 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THIS CERTIFICATION, WHICH IS A PART OF THIS PROPOSAL.) PUBLIC CONTRACT CODE Public Contract Code Section 10285.1 Statement In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the Bidder has / has not been convicted within the preceding three (3) years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The Bidder must place a checkmark before “has” or “has not” in one of the check boxes provided. Public Contract Code Section 10162 Questionnaire In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the Bidder, any officer of the Bidder, or any employee of the Bidder who has a proprietary interest in the Bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space: Public Contract Code Section 10232 Statement In conformance with Public Contract Code Section10232, the Contractor hereby states under penalty of perjury that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against the Contactor within the immediately preceding two-year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Local Assistance Procedures Manual Exhibit 12-H Sample Bid January 2019 F-28 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THIS CERTIFICATION, WHICH IS A PART OF THIS PROPOSAL.) DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded, or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. Local Assistance Procedures Manual Exhibit 12-H Sample Bid January 2019 F-29 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THIS CERTIFICATION, WHICH IS A PART OF THIS PROPOSAL.) NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Local Assistance Procedures Manual Exhibit 12-H Sample Bid January 2019 F-30 DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year ___________ quarter ___________ f. loan insurance date of last report _________________ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier _______ , if known Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including (If individual, last name, first name, MI): address if different from No. 10a) (last name, first name, MI): (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ Actual planned a. retainer b. one-time fee 12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee b. in-kind; specify: nature e deferred Value f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes No 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature: ___________________________________ Print Name: _________________________________ Title: _______________________________________ Telephone No.: _________________ Date: _________ Authorized for Local Reproduction Federal Use Only: Standard Form – LLL Local Assistance Procedures Manual Exhibit 12-H Sample Bid January 2019 F-31 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, sub-grants, and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee," then enter the full name, address, city, state, and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known (e.g., Department of Transportation, United States Coast Guard). 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state, and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment F-32 January 2019 EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Azusa 2. Contract DBE Goal: 6% 3. Project Description: Install raised median islands 4. Project Location: Arrow Highway 5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount: 8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors: 10. Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount Local Agency to Complete this Section 15. TOTAL CLAIMED DBE PARTICIPATION $ 21. Local Agency Contract Number: 22. Federal-Aid Project Number: % 23. Bid Opening Date: 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required. Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate. 25. Local Agency Representative's Signature 26. Date 16. Preparer's Signature 17. Date 27. Local Agency Representative's Name 28. Phone 18. Preparer's Name 19. Phone 29. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency 2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Local Assistance Procedures Manual Exhibit 15-G Construction Contract DBE Commitment F-33 January 2019 INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT CONTRACTOR SECTION 1. Local Agency - Enter the name of the local or regional agency that is funding the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder’s Name - Enter the contractor’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer. 18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form. 19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form. LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate. 26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 27. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form. 28. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form. 29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form. Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor – Good Faith Efforts F-34 May 2020 EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS Cost Proposal Due Date ___________________ PE/CE Federal-aid Project No(s). HSIPL-5112(019) Bid Opening Date ___________________ CON The City of Azusa established a Disadvantaged Business Enterprise (DBE) goal of 6% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed: A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor – Good Faith Efforts F-35 May 2020 C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal. D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: Names, addresses and phone numbers of firms selected for the work above: E. Efforts (e.g., in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: Items of Work Proposer or Bidder Normally Performs Item (Y/N) Breakdown of Items Amount ($) Percentage Of Contract Local Assistance Procedures Manual Exhibit 15-H Proposer/Contractor – Good Faith Efforts F-36 May 2020 F. Efforts (e.g., in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts: Local Assistance Procedures Manual Exhibit 9-F Disadvantaged Business Enterprise (DBE) Running Tally of Payments February 2020 F-37 EXHIBIT 9-F: DISADVANTAGED BUSINESS ENTERPRISE (DBE) RUNNING TALLY OF PAYMENTS Save this form using the following naming convention: [yyyymm]-[Prime's DUNS Number]-[ss].xlsx, where [ss] is a two-digit sequential number, applicable when consultant or contractor has more than one 9-F form to complete per pay period. For example, a valid saved file could read: 202001-123456789-01.xlsx. Prime contractors/consultants are required to submit this form no later than the 10 th of the following month, after submitting an invoice for reimbursement that includes a payment to a DBE. If no payments have been made, do not submit the form. Email this form to business.support.unit@dot.ca.gov with a copy to the local administering agencies. Do not submit this form with the invoice; it will not be processed. (1) Reporting Period (mm-yyyy) (2) Federal Aid Project Number (3) Caltrans District (4) Local Agency (5) Contract Number (6) Total Contract Award Amount ($) (7) DBE Goal Percentage (%) (8) DBE Committed Percentage (%) (9) Prime Contractor/Consultant DUNS Number (10) Business Name (11) Amount Prime Invoiced This Period ($) (12) Amount Paid to Prime To Date ($) (13) Prime Certified DBE? (14) DBE Subcontractor Name (15) DBE Cert. Number (16) Contract Type (17) Date of Payment (18) Amount of This Payment (19) Amount Paid To Date (20) Amount Committed To This DBE (21) Comments Totals $0 $0 $0 List all DBEs regardless of tier, whether or not the firms were originally listed in Exhibit 10-O2 or 15-G as a DBE commitment. If the actual DBE utilization was different than that approved at the time of award, provide comments in box (21). All payments reported, including payments to contractor/consultant, are for the date listed. Select the most appropriate contract type (Agent, Consultant, Joint Venture, Manufacturer, Prime, Regular Dealer, Subcontractor, Truck/Haul, Service Provider) for the DBE from dropdown list. By executing this 9-F, Contractor represents and warrants, under penalty of perjury, that: Contractor contracted with the Disadvantaged Business Enterprise companies (DBEs) as set forth in their awarded bid on Contract number ____________________________ Contractor paid the full amounts listed on their 9-F to the DBEs set forth in Contractor’s awarded bid, without reduction or offset. (22) Prime Contractor/Consultant Manager's Name (Print) (23) Business Phone Number (24) Date COPY DISTRIBUTION: Original - Prime Contractor/Consultant, Copy - E-mail: Business.Support.Unit@dot.ca.gov; Copy: Local Administering Agency ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Local Assistance Procedures Manual Exhibit 16-Z1 Monthly DBE Trucking Verification January 2018 F-38 State of California-Department of Transportation EXHIBIT 16-Z1 MONTHLY DBE TRUCKING VERIFICATION Contract No. Month Year Truck Owner DBE Cert. No. Company Name and Address Truck No. California Highway Patrol CA No. Commission Or Amount Paid* Date Paid Lease Arrangement (if applicable) $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE $ Lease Agreement with NON-DBE with DBE Total Amount Paid $ Prime Contractor Business Address Business Phone No. *Upon Request, all Lease Agreements shall be made available, in accordance with the Special Provisions. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT Contractor Representative Signature Title Date Local Assistance Procedures Manual Exhibit 16-Z1 Monthly DBE Trucking Verification January 2018 F-39 MONTHLY DBE TRUCKING VERIFICATION The top of Form CEM-2404(F) contains boxes to put in the Contract Number, the Month of the reporting period and the Year of the reporting period. The Form CEM-2404(F) has a column to enter the name of the Truck Owner, the DBE Cert. No. (if DBE certified) and the Name and Address of the trucking company. The Form CEM-2404(F) also requires the Truck No. and the California Highway Patrol CA No. Form CEM-2404(F) is to be submitted prior to the 15th of each month and must show the dollar amount paid to the DBE trucking company(s) for trucking work performed by DBE certified trucks and for any fees or commissions of non-DBE trucks utilized each month on the project. The amount paid to each trucking company is to be entered in the column called “Commission or Amount Paid,” in accordance with the Special Provisions. Payment information is derived using the following: 1.) 100% for the trucking services provided by the DBE using trucks it owns, operates and insures. 2.) 100% for the trucking services provided by the trucks leased from other DBE firms. 3.) The fee or commission paid to non-DBEs for the lease of trucks. The Prime does not receive 100% credit for these services because they are not provided by a DBE company. The total dollar figure of this column is to be placed in the box labeled “Total Amount Paid.” The column “Date Paid” requires a date that each trucking company is paid for services rendered. The next column contains information that must be completed if a lease arrangement is applicable. Located at the bottom of the form is a space to put the name of the “Prime Contractor,” their “Business Address” and their “Business Phone No.” At the bottom of the form there is a space for the Contractor or designee “Contractor Representative’s Signature, Title and Date” certifying that the information provided on the form is complete and correct. Local Assistance Procedures Manual Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprise (DBE) and First-Tier Subcontractors July 23, 2015 F-40 EXHIBIT 17-F FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS 1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Completion Date 5. Contractor/Consultant 6. Business Address 7. Final Contract Amount 8. Contract Item Number 9. Description of Work, Service, or Materials Supplied 10. Company Name and Business Address 11. DBE Certification Number 12. Contract Payments 13. Date Work Completed 14. Date of Final Payment Non-DBE DBE 15. ORIGINAL DBE COMMITMENT AMOUNT $ 16. TOTAL List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at the time of award, provide comments on an additional page. List actual amount paid to each entity. If no subcontractors/subconsultants were used on the contract, indicate on the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 17. Contractor/Consultant Representative’s Signature 18. Contractor/Consultant Representative’s Name 19. Phone 20. Date I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED 21. Local Agency Representative’s Signature 22. Local Agency Representative’s Name 23. Phone 24. Date DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Local Assistance Procedures Manual Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors July 23, 2015 F-41 INSTRUCTIONS – FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS 1. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 2. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 3. Local Agency - Enter the name of the local or regional agency that is funding the contract. 4. Contract Completion Date - Enter the date the contract was completed. 5. Contractor/Consultant - Enter the contractor/consultant’s firm name. 6. Business Address - Enter the contractor/consultant’s business address. 7. Final Contract Amount - Enter the total final amount for the contract. 8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials provided. Indicate all work to be performed by DBEs including work performed by the prime contractor/consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms. 10. Company Name and Business Address - Enter the name, address, and phone number of all subcontracted contractors/consultants. Also, enter the prime contractor/consultant’s name and phone number, if the prime is a DBE. 11. DBE Certification Number - Enter the DBE’s Certification Identification Number. Leave blank if subcontractor is not a DBE. 12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided. Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes decertified. 13. Date Work Completed - Enter the date the subcontractor/subconsultant’s item work was completed. 14. Date of Final Payment - Enter the date when the prime contractor/consultant made the final payment to the subcontractor/subconsultant for the portion of work listed as being completed. 15. Original DBE Commitment Amount - Enter the “Total Claimed DBE Participation Dollars” from Exhibits 15-G or 10-O2 for the contract. 16. Total - Enter the sum of the “Contract Payments” Non-DBE and DBE columns. 17. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name. 18. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form. 19. Phone - Enter the area code and telephone number of the person signing the form. 20. Date - Enter the date the form is signed by the contractor’s preparer. 21. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored. 22. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the form. 23. Phone - Enter the area code and telephone number of the person signing the form. 24. Date - Enter the date the form is signed by the Local Agency Representative. Local Assistance Procedures Manual Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change July 23, 2015 F-42 EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE 1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Completion Date 5. Contractor/Consultant 6. Business Address 7. Final Contract Amount 8. Contract Item Number 9. DBE Contact Information 10. DBE Certification Number 11. Amount Paid While Certified 12. Certification/ Decertification Date (Letter Attached) 13. Comments If there were no changes in the DBE certification of subcontractors/subconsultants, indicate on the form. I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT 14. Contractor/Consultant Representative’s Signature 15. Contractor/Consultant Representative’s Name 16. Phone 17. Date I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED 18. Local Agency Representative’s Signature 19. Local Agency Representative’s Name 20. Phone 21. Date DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. Local Assistance Procedures Manual Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change July 23, 2015 F-43 INSTRUCTIONS –DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE 1. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 2. Federal-Aid Project Number - Enter the Federal-Aid Project Number. 3. Local Agency - Enter the name of the local or regional agency that is funding the contract. 4. Contract Completion Date - Enter the date the contract was completed. 5. Contractor/Consultant - Enter the contractor/consultant’s firm name. 6. Business Address - Enter the contractor/consultant’s business address. 7. Final Contract Amount - Enter the total final amount for the contract. 8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not applicable for consultant contracts. 9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors/consultants. 10. DBE Certification Number - Enter the DBE’s Certification Identification Number. 11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those subcontractors/subconsultants during the time period they are certified as a DBE. 12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification Certificate mailed out by OBEO. 13. Comments - If needed, provide any additional information in this section regarding any of the above certification status changes. 14. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the contractor/consultant’s firm must sign their name. 15. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the form. 16. Phone - Enter the area code and telephone number of the person signing the form. 17. Date - Enter the date the form is signed by the contractor’s preparer. 18. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to certify that the contracting records and on-site performance of the DBE(s) has been monitored. 19. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the form. 20. Phone - Enter the area code and telephone number of the person signing the form. 21. Date - Enter the date the form is signed by the Local Agency Representative. RESOLUTION NO. 2017-C22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND PROGRAM SUPPLEMENT AGREEMENT WITH CAL TRANS FOR THE ARROW HI GH WAY RAISED MEDIAN ISLANDS PROJECT NO. HSIPL-5112 (019) WHEREAS, the City of Azusa is eligible to receive Federal and/or State funding for certain Transportation Projects, through the California Department of Transportation (Caltrans); and, WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements need to be executed with Caltrans before such funds could be claimed; and, WHEREAS, the City of Azusa wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HERE BY RESOLVE AS FOLLOWS: SECTION 1. The City of Azusa hereby authorizes the City Manager to enter into Master Agreements, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements with Caltrans. SECTION 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED and ADOPTED this 3 rd Day of April, 2017. /�L� �£L Jfseph Romero Rocha Mayor ATTEST: 16498. !0009\29636932.1 Attachment 2