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AGR-7310 - CALPROMAX ENGINEERING INC - BUS STOP ENHANCEMENT AT VARIOUS LOCATIONS FY 2021-22 - BID NO. 21-22.09A R-7310 CONTRACT Bus Stop Enhancement at Various Locations,Fiscal Year 2021-2022 Bid No.21-22.09, SP-415'] THIS CONTRACT (the "Contract") is made and entered into as of e.cn Q, 1,'7 . 2021 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation City"), and CALPROMAX ENGINEERING, INC. ("Contractor"),who agree as follows. ARTICLE 1 Work Performed a. For and in consideration of the payments and agreements hereinafter mentioned, to b,e made and performed by City, and under the conditions expressed in the two(2)bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor,materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor,necessary to complete in good workmanship and substantial manner the work(the"Work") described in: 1) The Construction Plans for Bus Stop Enhancement at Various Locations, Fiscal Year 2021-2022 (Drawing SP-4157) prepared for City by Martin Varona, approved by the Engineer" (as defined herein below) on October 8`h, 2021, and consisting of sheets numbered 1 through 5, inclusive(the"Plans"); 2) The latest edition of the "City of Orange Standard Plans and Specifications" (the Orange Book") with the term "Engineer," as used in the Orange Book and in this Contract, to specifically include the City Engineer(or his/her designee); 3) The "Standard Specifications for Public Works Construction" (the "Greenbook"), and all amendments thereto, except the definition of"Subcontractor" in Section 1.2 (General — Terms and Defmitions)of Part 1 (General Provisions)of the Greenbook,which is hereby amended in its entirety to read as follows: "Subcontractor—An individual, firm, or corporation having a direct contract with the Contractor for the performance of a part of the Work;" The "City of Orange Standard Special Provisions;" 5) The Standard Plans; and 6) Contractor's Bid Proposal, which is on file with City's Department of Public Works. b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Greenbook and City of Orange Standard Special Provisions and Standard Plans are on file with City's Public Works Director and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans,the Orange Book,the Greenboolc,the Special Provisions, the Standard Plans, and the Encroachment Permit as they relate to the Work, all of which documents shall be referred to herein collectively as the"Plans and Specifications." c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City's exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary. d. The Work shall be performed in conformity with the Plans and Specifications and the Bid Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment. e. Unless and until otherwise notified in writing by City's Public Works Director, City's Principal Engineer,Randy Nguyen("Authorized City Representative"), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor's performance hereunder shall be under the direction and supervision ofthe Authorized City Representative or such other person as City's Public Works Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City's Public Works Director. f.It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and Contractor's Bid Proposal, then this instrument shall control and nothing herein shall be considered as an acceptance ofthe said terms of said Bid Proposal conflicting herewith. ARTICLE 2 Commencement of Work Contractor shall commence the Work provided for in this Contract within ten(10) days of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of the Work within thirty (30) calendar days from such date, unless legal extension is granted in accordance with the terms set forth in the Greenbook. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work. ARTICLE 3 Compensation a. Contractor agrees to receive and accept an amount not to exceed ONE HUNDRED TWENTY-ONE THOUSAND DOLLARS and 00/100($121,000)unless said amount is amended 2 by Contract Change Order approved by the City, as compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers(1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the Work until its acceptance by City, other than as provided below; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the manner and according to the Plans and Specifications, and requirements of the Authorized City Representative under them. Retention amounts shall be withheld from progress payments as required by law unless Contractor provides securities in lieu of retention. b. In addition to the scheduled Work to be performed by the Contractor, the parties recognize that additional, unforeseen work and services may be required by the Authorized City Representative. In anticipation of such contingencies, the sum of TWELVE HOUSAND ONE HLJNDRED DOLLARS and 00/100 ($12,100) has been added to the total compensation of this Contract. The Authorized City Representative may approve the additional work and the actual costs incurred by the Contractor in performance of additional work or services in accordance with such amount as the Authorized City Representative and the Contractor may agree upon in advance. Said additional work or services and the amount of compensation therefor, up to the amount of the authorized contingency, shall be memorialized in the form of a Contract Amendment approved by the City Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that work or those services that are specifically requested by the Authorized City Representative. Any and all additional work and services performed under this Contract shall be completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care in accordance with a cost estimate or proposal submitted to and approved by the Authorized City Representative prior to the commencement of such Work or services. c. The total amount of compensation under this Contract, including contingencies, shall not exceed ONE HLJNDRED THIRTY-THREE THOUSAND ONE HiJNDRED DOLLARS and 00/100 ($133,100). ARTICLE 4 Licenses Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are r.equired under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City ofOrange business license, at its cost, during the performance of this Contract. ARTICLE 5 Guarantees a. Contractor guarantees the construction and installation of all Work included in the Plans and Specifications for which Contractor has been awarded this Contract. 3 b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12)months after the date on which said Work is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen(15) calendar days after the receipt of a demand from City. c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen(15)calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City. Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City,upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City's Director ofPublic Works to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City. ARTICLE 6 Water Quality a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the Permit"), which governs storm water and non-storm water discharges resulting from municipal activities performed by City or its contractors. In order to comply with the Pernut requirements, the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas. b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City's Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMF and the Model Maintenance Procedures, as they relate to the Work and hereby shall perform the Work in conformance therewith. ARTICLE 7 4 Independent Contractor; Contractor not Agent a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee ofCity. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including compliance with social security,withholding and all other wages,salaries,benefits,taxes,exactions,and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits. b. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, to bind City to any obligation whatsoever. ARTICLE 8 Public Work; Prevailing Wage a. The Work which is the subject of this Contract is a "public work," as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid. To the extent Contractor's employees will perfortn any work that falls within any of the classi cations for which the Department ofLabor Relations of the State ofCalifornia promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.,ov/DLSR). Additionally, to perform work under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring. b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor shall secure the payment of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows: 5 I am aware of the provisions of Section 3700 ofthe 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." d. Contractor shall indemnify,protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, andlor "increased costs" (including reasonable attorney's fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor ofany applicable local,state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the Work which is the subject of this Contract, Contractor shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract. ARTICLE 9 Equal Employment Opportunity During the performance of this Contract, Contractor agrees as follows: a. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex,national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include,but not be limited to the following: employment,upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination,rates ofpay or other forms of compensation and selection for training, including apprenticeship. Contractor shall post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. b. Contractor shall, in all solicitations and advertisements for employees placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any Work covered by this Contract,provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. ARTICLE 10 Contlicts of Interest 6 Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers,partners, or employees have a financial interest as defined in Section 87103 of the Government Code. Contractor further agrees that it shall not be eligible to work as the builder for any project for which the design work is part of this Contract. ARTICLE 11 Indemnity Contractor shall defend, indemnify and hold harmless City and its officers, officials, agents, and employees from and against: a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses including reasonable attorneys'fees and court costs)which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, and employees. The foregoing indemnity shall survive termination of this Contract. b. Any and all claims under workers' compensation acts and other employee benefit acts with respect to Contractor's employees or its subcontractor's employees arising out of Contractor's Work under this Contract, including any and all claims under any law pertaining to Contractor's status as an independent contractor. ARTICLE 12 Insurance a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to properly which may arise from or in connection with the performance ofthe Work hereunder and the results of that Work by Contractor,its agents, representatives, employees or subcontractors. Any umbrella liability insurance that is provided as part of the general or automobile liability minimums set forth below shall be maintained for the duration of the Contract. b. Contractor shall maintain the following minimum amount of insurance: the greater ofeither the limits set forth in(1)through(4),below; or all ofthe insurance coverage and/or limits carried by or available to Contractor. 1) General Liability 2,000,000 per occurrence for bodily injury,personal injury and property damage. If 7 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. 2) Automobile Liability 1,000,000 per accident for bodily injury and property damage. 3) Workers' Compensation as required by the State of California. 4) Employer's Liability 1,000,000 per accident for bodily injury or disease. c. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements ofthis Contract are sufficient to cover the obligations of Contractor under this Contract. d. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a fmancial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. e. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the following provisions: 1) City, its officers, officials, agents, and employees are declared to be additional insureds under the terms ofthe policy, with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such Work or operations. A policy endorsement to that effect shall be provided to City along with the certificate of insurance. In lieu of an endorsement, City will accept a copy ofthe policy(ies) which evidences that City is an additional insured as a contracting party. The minimum coverage required by Subsection 12.b, above, shall apply to City as an additional insured. 2) For any claims related to this Contract, Contractor's insurance coverage shall be primary insurance with respect to City, its officers, officials,agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor's insurance and shall not contribute with it. 3) Coverage shall not be canceled, except after thirty (30) days' prior written notice has been provided to City. 8 f.Contractor shall fiirnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements shall be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before the Work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete,certified copies ofall required insurance policies,including endorsements effecting the coverage required by these specifications at any time. g. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and.Class VII or better by the latest edition of Best Key Rating Guide. h. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. In such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. i.Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payrnent of any loss under such insurance. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all Work performed by Contraetor, its employees, agents and subcontractors. Contractor shall obtain any other endorsement that may be necessary to effect this waiver of subrogation. j.Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. ARTICLE 13 Termination City, acting through its City Manager or his/her designee, reserves the right to terminate this Contract for any reason by giving five (5) days' written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City tenninate this Contract, City shall pay Contractor for services satisfactorily provided and all allowable reimbursements incurred to the date of termination in compliance with this Contract,unless such termination shall be for cause, in which event City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. ARTICLE 14 Maintenance and Inspection of Records In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents,papers, accounting 9 records and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Contract. During the term ofthis Contract and for a period ofthree (3)years after termination or completion ofthis Contract, City shall have the right to inspect and/or audit Contractor's records pertaining to the performance of this Contract at Contractor's office. Contractor shall make available all such records for inspection or audit at its offices during normal business hours and upon three(3)days'notice from City,and copies thereof shall be furnished if requested. ARTICLE 15 Compliance with Laws a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by. Contractor or any subcontractor hereunder. b. Contractor represents and warrants that it: 1) Has complied and shall at all times during the term ofthis Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and 2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and 3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, without limitation, the completion and maintenance of the Form I-9 for each of Contractor's employees; and 4) Has responded, and shall at all times during the term ofthis Contract respond, in a timely fashion to any government inspection requests relating to imxnigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or subconsultants to make the same representations and warranties required by this Article 15 when hired to perform services under this Contract. d. Contractor shall,upon request of City,provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. 10 e. IfContractor,or a subcontractor or subconsultant,knowingly employs an employee providing Work under this Contract who is not authorized to work in the United States, and/or fails to follow federal laws to deternune the status of such employee, such shall constitute a material breach of this Contract and may be cause for immediate temiination of this Contract by City. f.Contractor shall indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance ofthis Contract. ARTICLE 16 Governing Law and Venue This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor shall submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California. ARTICLE 17 Integration and Amendment a. This Contract constitutes the entire agreement of the parties. No other agreement, oral or written,pertaining to the Work to be performed under this Contract shall be of any force or effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent with or in violation of the provisions ofthis Contract shall not be compensated. b. Amendments to this Contract must be in writing and signed by both parties. The City Manager is authorized to execute amendments to this Contract up to the amounts specified in Chapter 3.08 of the Orange Municipal Code. ARTICLE 18 Notice Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. CONTRACTOR" CITY" Calpromax Engineering, Inc. City of Orange 650 N. Rose Drive#186 300 E. Chapman Avenue Placentia, CA 92870 Orange, CA 92866-1591 11 Attn: Maria Armogeda Attn: Randy Nguyen Telephone: 714-573-4599 Telephone: 714-744-5531 E-Mail: info@calpromaxinc.com E-Mail: rnguyen@cityoforange.org ARTICLE 19 Claim Resolution City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the Work provided herein shall be subj ect to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and incorporated herein by this reference. ARTICLE 20 Counterparts This Contract may be executed in one or more counterparts, each ofwhich shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. Remainder of page intentionally left blank; signatures on next page] 12 CITY" CITY OF ORANGE, a municipal corporation J By: Mark A. Murphy Mayor of the City of Orange CONTRACT, BONDS AND INSURANCE APPROVED BY: ATTEST: ary E. Bi ' g Pamela Coleman, City Clerk Senior Assistant City Attorney CONTRACTOR" CALPROMAX ENGINEERiNG, INC, a : - California Corporation Note: Signature ofChairman of the By: Board,President or Vice President is Printed Name. t EJ requiredJ , Title: l/ 'R,Sl"NT Note: Signature ofSecretary,Assistant By: Secretary, ChiefFinancial Officer or Printed m . A R A OG E 0 A Assistant Treasurer is also requiredJ Title: S CR TA Y T/2 EFl$(tRE2 13