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person, firm or corporation, that he has carefully examined the location of the proposed work, that he has examined the plans and specifications, read the accompaingt instruction to bidders, and investigated the location of underground utilities, pro! limits, and hereby proposed to furnish all materials and do all the work required to complete the said work in accyrdancprw�msasdplans,et Earth n the following and tions and attached special provisions, for the unit price p schedules The undersigned further agrees that in case of default or breach in executing the required contract within ten (10) calendar or bond accompanying his bid shallce become the of Award of Contract, the proceeds of the check property of the City of Tracy In accordance with the provisions of Section 4215 of the California Government Code, the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused bythe or relocation failure ilur f the public u litilit agency Y r the owner of the utility facilities to provide for re in accordance with Section 4552 of the Government Code, the Contractor and ' subcontractors shall assign to the City all rights, title, and interest in and to all cause of action it may have under Section 4 of the Clayton Act (15 U S C Sec 15) or under the Cartwright Act (Chapter 2 [commencing with Section 167001 of Part 2 of Division 7 of the ' Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the lic works effect effective at thecontract timethe thesubcontract bodyThis tenders s f nal snment shall be made and become payment of to the Contractor, without further acknowledgment by the parties Provided that the Contractor complies with all requirements of Section 22300 of the Public Contract Code at the request and expense of the Contractor, the Contractor may substitute securities for any money held by the City to ensure performance of the contract Deposit of securitia�ds{el subject ch complies with agreement requirements en the of the Contractor, the escrow agent, City, Public Contract Code Section 22300 In accordance with the provisions of Section 3400 of the California Public Contract Code, a Contractor shall not be permitted to substitute a material for those specified in the Contract Documents unless the Contractor submits a written request for substitution ' to the City no later than ten (10) working days prior to award of the Contract The Contractor shall, at its expense, have the material tested as required by the Engineer to determine the quality, strength, physical, chemical, or other characteristics, including ' durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function The City shall make a determination for the Contractor, within ten (10) working days after the Contractor submits all substantiation of the offer, as to whether or not the offered substitution may be used in the performance of the Contract A failure of the City to issue a written determination to the Contractor prior to the award of the contract shall be deemed to be a rejection of the offered substitute The City Determination shall . sh II ridun� � eo edt�n allation and i use of a substituted item unlessti ppwriting by the Engineer if a s bstt to August 2001 Division IV-2 Ball Park& Park & Ride Wells Ph 1 1