Citywide_Striping_-_Phase_2.pdf

No. (30230810)

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofnapa

City of Napa

PUBLIC WORKS DEPARTMENT

NAPA, CALIFORNIA

INVITATION FOR BID

FOR

CITYWIDE STRIPING - PHASE 2

City of Napa Purchase No. (30230810)

Dated:

July 27, 2026

Bid Opening Date:

August 7, 2026, 12:00 pm Please refer to the timeline in this document for all important deadlines.

TABLE OF CONTENTS

CITYWIDE STRIPING - PHASE 2

1. NOTICE INVITING BIDS

2. INSTRUCTIONS TO BIDDERS

3. GENERAL CONDITIONS

4. SPECIAL CONDITIONS

5. SCOPE OF WORK

6. BID SCHEDULE

7. BID SUBMITTAL

8. ATTACHMENTS

1. NOTICE INVITING BIDS

1.1. Bid Submission

The City of Napa, a California charter city (“City”), will accept bids for it's Citywide Striping - Phase 2 Project

("Project"), by or before Friday, August 7, 2026, at 12:00 pm, via electronic submission on OpenGov, the City's eProcurement System, at https://procurement.opengov.com/portal/cityofnapa, in the manner set forth in the

Bid Submission section of the Instructions to Bidders section, at which time bids will be opened by the City.

1.2. Project Information

A. Location and Description. The Project is located at Buhman Ave, Partrick, Rd, West Lincoln Ave, Redwood Rd, and East Imola Ave.and is described as follows: Traffic striping for roads that have been recently paved.

B. Time for Final Completion. The Project must be fully completed within 20 working days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about Summer

2026, but the anticipated start date is provided solely for convenience and is neither certain nor binding.

C. Estimated Cost. The estimated construction cost is $530,000

1.3. License and Registration Requirements

A. License. This Project requires a valid California contractor’s license for the following classification(s):

Class A and/or C-32.

B. DIR Registration. City may not accept a Bid from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

1.4. Contract Documents

The plans, specifications, bid documents, contract, and other contract documents for the Project, and any addenda thereto (collectively, “Contract Documents”) may be downloaded from the eProcurement Portal at https://procurement.opengov.com/portal/cityofnapa, (See the Electronic Submission Section of the

Instructions to Bidders for information on how to register as a vendor on OpenGov.)

1.5. Bid Security

Each bidder must submit bid security equal to ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Bid Submittal section in the manner set forth in the Bid Security section of the Instructions to Bidders. The bid security must guarantee that within ten days after City issues the Notice of Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the

Contract Documents and as specified in the Notice of Award.

1.6. Prevailing Wage Requirements

A. General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

B. Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

C. Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under

Labor Code § 1771.4.

1.7. Performance and Payment Bonds

The successful bidder will be required to provide performance and payment bonds, each for 100% of the

Contract Price, as further specified in the Contract Documents.

1.8. Substitution of Securities

Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under

Public Contract Code § 22300.

1.9. Subcontractor List

Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form in the Bid Submittal section, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the

Subcontractor List form included in the Bid Submittal section.

1.10. Instructions to Bidders

All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids.

http://www.dir.ca.gov/DLSR

2. INSTRUCTIONS TO BIDDERS

Each Bid submitted to the City of Napa (“City”) for its Citywide Striping - Phase 2 Project (“Project”) must be submitted in accordance with the following instructions and requirements:

2.1. Bid Submission

A. General. Each Bid Form must be completed, using the form provided in the Bid Submittal section, signed, and submitted to City, with all required forms and attachments, by or before the date and time set forth in the Bid Submission section of the Notice Inviting Bids, or as amended by subsequent addendum, via electronic submission only, as specified in the Electronic Submission section below.

Faxed, hand-delivered, mailed, or emailed Bid Forms will not be accepted, unless otherwise specified.

Late submissions will not be considered. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead.

B. Electronic Submission.

1. OpenGov. The Bid Form and all required forms and attachments must be submitted in PDF format via OpenGov at https://procurement.opengov.com/portal/cityofnapa. The file name of the PDF must include the bidder’s name and its registration number with the California Department of

Industrial Relations (“DIR”) for bidding on public works contracts (Labor Code §§ 1725.5 and

1771.1), as follows:

[insert bidder’s company name] – DIR Reg. No. [insert DIR Reg. No.]

2. Vendor Registration. To participate in the bidding process, each bidder must register with

OpenGov at https://procurement.opengov.com/portal/cityofnapa. Once registered, each bidder must subscribe to the City of Napa portal.

3. For instructions on how to register as a vendor with OpenGov, visit the City’s website at:

http://www.cityofnapa.org/265/Bidding-Information. Please read the instructions carefully and follow all steps, including registration with OpenGov and subscribing to the City of Napa account.

4. Bid Tabulation. On the next Working Day following the bid opening, City will post the bid tabulation to: https://procurement.opengov.com/portal/cityofnapa.

C. DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).)

https://procurement.opengov.com/portal/cityofnapa https://procurement.opengov.com/portal/cityofnapa http://www.cityofnapa.org/265/Bidding-Information

2.2. Bid Form and Enclosures

Each Bid Form must be completed legibly using the form included in the Bid Submission section. The Bid Form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Form submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each

Bid Form must be accompanied by a completed Subcontractor List and Non-Collusion Declaration using the forms included in the Bid Submittal section, a PDF copy of the bid security, and any additional forms required by the Notice Inviting Bids or Instructions to Bidders. In addition to submitting a PDF copy of the bid security, each bidder must also send the original form of bid security to the City, as set forth in the Bid Security section, below.

2.3. Authorization and Execution

Each Bid Form must be signed by the bidder’s authorized representative. A Bid Form submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Form submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid

Form, under California Corporations Code § 313.

2.4. Bid Security

Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check made payable to the City, or bid bond using the form included in the Bid Submittal section and executed by a surety licensed to do business in the State of California.

A. Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, or cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to Senior Civil Engineer – Engineering Division, Public Works Department – City of Napa, 1600 First St., Napa, CA 94559 and clearly labeled with the bidder’s legal name and address, the Project title, and the date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the U.S. Postal Service or overnight delivery service by or before the date of the bid deadline.

B. Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of

Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals, if any, required by the Contract Documents or the Notice of

Award. A Bid Form may not be withdrawn for a period of 60 days after the bid opening, or as otherwise extended by mutual written agreement between the City, bidder, and the bidder’s bid bond surety (if necessary), without forfeiture of the bid security, except as authorized for material error under Public

Contract Code § 5100 et seq.

2.5. Requests for Information

Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract

Documents must be submitted electronically, in writing, via OpenGov at https://procurement.opengov.com/portal/cityofnapa. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid deadline. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum.

2.6. Pre-Bid Investigation

A. General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the

Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Form. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City.

B. Document Review. Each bidder will review the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the

Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public

Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid deadline. (See

Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City.

C. Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from

City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.

D. Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a

California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Form.

2.7. Bidders Interested in More Than One Bid

No person, firm, or corporation may submit or be a party to more than one Bid Form unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders.

2.8. Addenda

Any addenda issued prior to the bid deadline are part of the Contract Documents. Subject to the limitations of

Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid.

If the City releases an addendum, it will be posted here on OpenGov. Vendors following the project, or bidders who have already submitted will be notified via email. Bidders who have already submitted responses MUST log back in, un-submit your response, acknowledge the new addendum, or risk your response being deemed non-responsive. Bidders should check OpenGov periodically for any addenda or updates on the Project at:

https://procurement.opengov.com/portal/cityofnapa.

2.9. Brand Designations and “Or Equal” Substitutions

Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c).

2.10. Bid Protest

Any bid protest against another bidder must be submitted in writing and received by the City Clerk’s Office at

P.O. Box 660, Napa, CA 94559 or sent via email to the City Clerk at clerk@cityofnapa.org before 5:00 p.m. no later than two Working Days following the date upon which the City posts the bid results (“Bid Protest

Deadline”). The envelope containing the bid protest, or the subject line of the email transmitting the bid protest, must be addressed as follows: “Attn: Bid Protest - Citywide Striping - Phase 2 Project.” The bid protest must comply with the following requirements:

A. General. Only a bidder who has actually submitted a Bid Form is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. For purposes of this

Section, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a

Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code §

1771.1(b).

B. Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder.

C. Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline.

D. Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder.

E. Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

F. Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a

Government Code Claim or initiation of legal proceedings.

G. Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, as set forth in the Lowest Responsible Bidder section, below, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.

2.11. Lowest Responsible Bidder

The Contract will be awarded, if at all, to the lowest responsible bidder. The lowest responsible bidder refers to the responsible bidder that submitted: (1) a responsive bid and (2) the lowest monetary bid, which may include factoring in a local bidder preference pursuant to Napa Municipal Code (“NMC”) Chapter 2.93, if applicable. A

“responsible bidder” shall mean the bidder has demonstrated it is qualified to perform in accordance with the requirements identified in the Contract Documents, based on the bidder's experience, capacity, trustworthiness, quality and fitness. A “responsive bid” means a bid that was submitted in accordance with the requirements of the Contract Documents. The “lowest monetary bid” means the lowest bid amount calculated by the City based on the objective calculation criteria identified in the Contract Documents. For purposes of

City Charter Section 101 and NMC Chapter 2.91, the lowest responsible bidder is the “lowest and best bidder,” as that term is used therein.

2.12. Reservation of Rights

Subject to the provisions of its Charter and the NMC, City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids;

to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the

Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, unless extended pursuant to the Bid Security section, above, to the lowest responsible bidder, as defined in the Lowest Responsible Bidder section, above. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs.

2.13. Bonds

Within ten calendar days following City’s issuance of the Notice of Award to the apparent low bidder, the bidder must submit payment and performance bonds to City as specified in Article 4 of the General Conditions using the bond forms included in the Attachments section. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable.

2.14. License(s)

The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within ten calendar days following City’s issuance of the Notice of Award. Subcontractors must also obtain a City business license before performing any Work.

2.15. Ineligible Subcontractor

Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or

1777.7 is prohibited from performing work on the Project.

2.16. Safety Orders

If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707.

2.17. Bid Schedule

Each bidder must complete the Bid Schedule with unit prices as indicated and submit the completed Bid

Schedule.

A. Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid

Schedule for the base bid, and the amount entered as the base bid on the Bid Form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq.

B. Estimated Quantities. The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The

Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity.

2.18. In-Use Off-Road Diesel-Fueled Fleets

If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel-

Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), then within three Working Days following a request from City, the apparent low bidder must submit to City valid Certificates of Reported

Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation. A bid that does not fully comply with this requirement may be rejected as nonresponsive.

2.19. Bidder’s Questionnaire

A completed, signed Bidder’s Questionnaire using the form provided in the Attachments and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.

3. GENERAL CONDITIONS

Article 1 - Definitions

Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.”

Allowance means a specific amount that must be included in the Bid Form for a specified purpose.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order means a written document duly approved and executed by City, which changes the scope of

Work, the Contract Price, or the Contract Time.

City means the City of Napa, a California charter city, acting through its City Council, officers, employees, City

Engineer, and any other authorized representatives.

City Engineer means the City Engineer for City and his or her authorized delegee(s).

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of

Final Payment.

Contract means the signed agreement between City and Contractor for performing the Work required for the

Project, and all documents expressly incorporated therein.

Contract Documents is defined in Section 2 of the Contract. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract

Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the bid.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, limited liability company, or joint-venture that has signed the Contract with City to perform the Work.

Day means a calendar day unless otherwise specified.

Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural, engineering, or electrical engineering design services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

Drawings has the same meaning as Plans.

Engineer means the City Engineer for the City of Napa and his or her authorized delegees.

Excusable Delay is defined in Section 5.3(B), Excusable Delay.

Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the

Contractor’s bid was submitted; Work that is substantially different from the Work as described in the

Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the instructions and manuals, product warranties, and as-built drawings.

Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.

Furnish means to purchase and deliver for the Project.

Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any

Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.

Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the

Contract Documents and all Laws.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements.

Non-Excusable Delay is defined in Section 5.3(D), Non-Excusable Delay.

Plans means the City-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings.

Project means the public works project referenced in the Contract, as modified by any Project alternates elected by City, if any.

Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project

Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the

Engineer.

Recoverable Costs is defined in Section 5.3(F), Recoverable Costs.

Request for Information or RFI means Contractor’s written request for information about the Contract

Documents, the Work or the Project, submitted to City in the manner and format specified by City.

Section, when capitalized in these General Conditions, means a numbered section or subsection of the

General Conditions, unless the context clearly indicates otherwise.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of

Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.

Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self-perform.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party.

Technical Specifications has the same meaning as Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday when the City is open for business, and does not include holidays observed by the City.

Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging, storage, or fabrication.

Article 2 - Roles and Responsibilities

2.1 City.

A. City Council. The City Council has delegated authority to the City Manager and Engineer to act on behalf of the City in the implementation and enforcement of the Contract Documents.

B. Engineer. The Engineer, acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design

Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents.

C. Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as City’s representative for daily administration of the Project on behalf of City. Unless otherwise specified, all of Contractor’s communications to City (in any form) will go to or through the Project Manager. City reserves the right to reassign the Project Manager role at any time or to delegate duties to additional City representatives, without prior notice to or consent of

Contractor.

D. Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change

Order. The Design Professional’s duties may include review of Contractor’s submittals, visits to any

Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including any pre-construction conference, weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive.

2.2 Contractor.

A. General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economical and efficient manner in the best interests of City, and with minimal inconvenience to the public.

B. Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents.

From the date of commencement of the Work until either the date on which City formally accepts the

Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft.

C. Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract

Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in

Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.

D. On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent full-time superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. The superintendent must have full authority to act and communicate on behalf of Contractor, and

Contractor will be bound by the superintendent’s communications to City. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent.

Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until an approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.

E. Standards. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and Laws and applicable manufacturer’s recommendations. Contractor has a material and ongoing obligation to provide true and complete information, to the best of its knowledge, with respect to all records, documents, or communications pertaining to the Project, including oral or written reports, statements, certifications, Change Order requests, or Claims.

F. Meetings. Contractor, its project manager, superintendent and any primary Subcontractors requested by City, must attend a pre-construction conference, if requested by City, as well as weekly Project progress meetings scheduled with City. If applicable, Contractor may also be required to participate in coordination meetings with other parties relating to other work being performed on or near the

Project site or in relation to the Project, including work or activities performed by City, other contractors, or other utility owners.

G. Construction Records. Contractor will maintain up-to-date, thorough, legible, and dated daily job reports, which document all significant activity on the Project for each day that Work is performed on the Project. The daily report for each day must include the number of workers at the Project site;

primary Work activities; major deliveries; problems encountered, including injuries, if any; weather and site conditions; and delays, if any. Contractor will take date and time-stamped photographs to document general progress of the Project, including site conditions prior to construction activities, before and after photographs at offset trench laterals, existing improvements and utilities, damage and restoration. Contractor will maintain copies of all subcontracts, Project-related correspondence with

Subcontractors, and records of meetings with Subcontractors. Upon request by the City, Contractor will permit review of and/or provide copies of any of these construction records.

H. Responsible Party. Contractor is solely responsible to City for the acts or omissions of any

Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.

I. Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Plans, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by

City, and any Extra Work performed without City’s prior written approval. If Contractor fails to correct or to take reasonable steps toward correcting defective Work within five days following notice from

City, or within the time specified in City’s notice to correct, City may elect to have the defective Work corrected by its own forces or by a third party, in which case the cost of correction will be deducted from the Contract Price. If City elects to correct defective Work due to Contractor’s failure or refusal to do so, City or its agents will have the right to take possession of and use any equipment, supplies, or materials available at the Project site or any Worksite on City property, in order to effectuate the correction, at no extra cost to City. Contractor’s warranty obligations under Section 11.2, Warranty, will not be waived nor limited by City’s actions to correct defective Work under these circumstances.

Alternatively, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor. This paragraph applies to any defective Work performed by Contractor during the one-year warranty period under Section 11.2.

J. Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos, electronic records, approved samples, and the construction records required pursuant to paragraph (G), above. Project records subject to this provision include complete Project cost records and records relating to preparation of Contractor’s bid, including estimates, take-offs, and price quotes or bids.

1. Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the

Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.

2. Contractor must continue to maintain its Project-related records in an organized manner for a period of five years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s records relating to the Project during Contractor’s normal business hours. The record-keeping requirements set forth in this subsection 2.2(J) will survive expiration or termination of the Contract.

K. Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of all Work-related documents, including the Contract, permit(s), Plans, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, as-built drawings, schedules, daily records, testing and inspection reports or results, and any related written interpretations. These documents must be available to City for reference at all times during construction of the Project.

2.3 Subcontractors.

A. General. All Work which is not performed by Contractor with its own forces must be performed by

Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequate trained workforce. Each

Subcontractor must obtain a City business license before performing any Work.

B. Contractual Obligations. Contractor must require each Subcontractor to comply with the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, including the generally applicable terms of the Contract Documents, and to likewise bind their subcontractors.

Contractor will provide that the rights that each Subcontractor may have against any manufacturer or supplier for breach of warranty or guarantee relating to items provided by the Subcontractor for the

Project, will be assigned to City. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor.

C. Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by

Contractor to City, subject to the prior rights of any surety, but only if and to the extent that City accepts, in writing, the assignment by written notification, and assumes all rights and obligations of

Contractor pursuant to each such subcontract agreement.

D. Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under

Public Contract Code § 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing, and any increased subcontract cost to perform the Work that was to be performed by the listed Subcontractor. If City determines that a

Subcontractor is unacceptable to City based on the Subcontractor’s failure to satisfactorily perform its

Work, or for any of the grounds for substitution listed in Public Contract Code § 4107(a), City may request removal of the Subcontractor from the Project.