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work that he has examined thefans and specifications, read the accompanying P P instruction to bidders, and investigated the location of underground utilities, project limits, and hereby proposed to furnish all materials and do all the work required to complete the said work in accordance with said plans, if any, and specifications and special provisions, for the unit price or lump sum set forth in the following attached schedules. ' The undersigned further agrees that in case of default or breach in executing the required contract within ten (10) calendar days after having received a Notice of Award of Contract, the proceeds of the check or bond accompanying his bid shall become the 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 by the failure of the 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. 1 � 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 35 days after 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. Installation and use of a substituted item shall not be made by the Contractor 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 executed the Work, as such DIVISION IV-2 Contract Documents