Permits & Development - Encroachment(EP)/Driveway(DW) Permits - 2007_EP-07-301 thru EP-07-400_ - EP-07-349

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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 by the failure of tI ie public agency or the owner of the utility facilities to provide for removal or relocation of such utility facility. 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 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract:. This assignment shall be made and become effective at the time the awarding body tenders final payment 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 securities shall be subject to written agreement between the Contractor, the escrow agent, and the City, which complies with the requirements of the 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 be final. The Contractor shall not make installation and use of a substituted item unless and until approved in writing by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material at the price set forth in the Bid. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids. As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the July 2007 Division IV-2 NEI Phase II Water and Sewer CIP Nos. 7468, 7589, 7590