AGR-6963 - T E ROBERTS INC - KENNYMEAD STORM DRAIN IMPROVEMENTS MAINTENANCE CONTRACTa,R-bR 3
CONTRACT
Kennymead Starm Drain Improvements (Bid No. 190-2'n]
THIS CONTRACT (the "ContracY') is made and entered into as of arc l0 ,
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), and T. E. ROBERTS, INC., a California corporation ("Contractor"), who agree as
follows.
ARTICLE 1
Work Performed
a. For and in consideration of the payments and agreements hereinafter mentioned,to
be made and performed by City,and under the conditions expressed in the two(2)bonds presented
to City with this Con[ract 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 Kennymead Storm Drain Improvements (Drawing D-
175) prepared for City by Eduardo Lopez, approved by the "Engineer" (as defined herein below)
on January 8',2020, and consisting of sheets numbered 1 through 2, inclusive (the"Plans");
2) The latest edition of the "City of Orange Standazd 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"Green Book"),
and all amendments thereto;
4) 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,Green Book and City of Orange Standard Specia(
Provisions and Standard Plans are on file wi[h City's Public Works Director and are hereby
specifically referred to and by such reference made a part hereo£ A copy of the Special Provisions
and Standard Plans will also be kept on file with the City Clerk. Contractor hereby acknowledges
that it has read,reviewed and understands the Plans,the Orange Book,the Green Book,the Special
Provisions, the Standard Plans, and the Encroachment Petmit as they relate to the Work, all of
which documents shall be referred to herein collectively as [he"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among other things, that Contractor u[ilize 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 sha(I be performed in conformity with the Pfans 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 Civil 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
o£the 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 i strument and Contractor's Bid Proposal, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall wmmence the Work provided for in this Contract within fifreen(15)days
of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion
of the Work within thir[y(30) calendar days from such date, unless legal extension is granted in
accordance with the terms set forth in the Green Book. Time is of the essence in [his 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 SEVENTY
THOUSAND FOUR FIiJNDRED NINETY DOLLARS and 00/100($70,490.00)as compensation
for fumishing 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
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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 wi[hheld 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
Represe tative. In an[icipa[ion of such contingencies, the sum of SEVEN THOUSAND FIFTY
DOLLARS and 00/100 ($7,050.00) has been added to the total compensation of this Agreement.
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 [he 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 Change Order approved by the
City Manager on a form acceptable to the City Attomey. The Contractor agrees to perform only
that work or those services that are specifically requested by the Au[horized City Representative.
Any and all additional work and services performed under this Agreement 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 Agreement,including contingencies,shall
not exceed SEVENTY-SEVEN THOUSAND FIVE HiINDRED FORTY DOLLARS and 00/100
77,540.00).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which are required 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 of Orange business license, at its cos[, during the pecformance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guazantees the construction and installation of all work included in the
Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Conhac[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
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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 fifreen(15)calendar
days afrer the receipt of a demand from City.
c. Said Work will be deemed de£ective within the meaning of this guarantee in [he
event that it fails to function as originally intended either by the Plans and Specifications of[his
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen(15)cafendar days after Contractor's
receip[of a demand from City, City shall have the unqualified option to make any needed repairs
or replacemen[s itself or by any other contractoc 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 of Public Works to be necessary
due to an immediate detriment to the health, safety, welfare or convenience of the residen[s 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
PermiY'), which govems storm water and non-storm water discharges resulting from municipal
activities performed by City or iu contractors. In order to comply with the Permit 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 DAMP and[he Model Maintenance Procedures, as they
rela[e to the Work and hereby shall perform the Work in conformance thetewith.
ARTICLE 7
Independent Cantractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
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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, fumish all facilities, materials and
equipment which may be required for fumishing 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,wi[hholding and all other wages,salaries,benefiks,taxes,exactions,and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agenu or employees employed by Confractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights af£orded
employees of Ci[y, including, but not limited [o, 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 speci£y in writing Contractor shall have no authoriry, 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 perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of Califomia 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.sov/DLSR). Additionally, to perform work under this
Contract, Contractor must meet all State regisfration requirements and criteria, including project
compliance monitoring.
b. Attached hereto as Attachment No. I 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 Califomia 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 Califomia Labor Code. Accordingly, and
as required by Section 1861 of the Califomia Labor Code, Contractor hereby certifies as £ollows:
I am aware of the provisions of Section 3700 of the 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"
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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 agains[
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attomey's fees, court and litigation costs, and fees of exped wimesses)which result or
arise in any way from the noncompliance by Contrac[or of any applicable local,state and/or federal
law, including, wi[hout 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 foregoi g 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,bu[not be limited to the following: employment, upgrading, demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates of pay 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 foRh
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 inser[ed in all
subcontracts for any work covered by this Contract, provided that the foregoing provisions shall
not apply[o subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attemp[
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.
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ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, ofticials,
agents, employees, attorneys, and contractors from and against:
a. My and all claims, liabilities, losses, damages, penalties, cos[s or expenses
including reasonable attomeys'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
per£ormance 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,
employees, attomeys, or contractors. 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 Contractor's subwntractor's employees arising out
of Contractor's work under this Agreement, 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 fot the duration of this Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the work hereunder and the results of that work by Contractor, its agents,
representatives, employees or subcontractors.
b. Conhactor shall maintain the following minimum amount of insurance: [he greater
of either the limits set forth in(I)through(4), below; or all of the insurance coverage and/or limits
camed by or available to Contractor.
1) General Liability 2,000,000 per occunence for bodily injury,personal
injury and property damage. If
Commercial General Liability insurance
or o[her form with a general aggregate
limit is used, either the general aggregate
limit shall apply separa[ely to this
projecUlocation or the general aggregate
limit shall be twice the required
occurrence limit.
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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 requiremenks of this Contract are
su cient to cover the obligations of Contractor under this Contract.
d. My 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, iu officers, officia(s, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
e. Each policy of general liabiliry 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 of the 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 of the policy(ies) which evidences that Ciry is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.6, above, shafl
apply to City as an additional.
2) For any claims related to this project, 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 con[ribu[e with i[.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
E Contractor shall fumish City with original cer[ificates of insurance and
endorsements effec[ing coverage required by this Article 12. The endorsements should be on
forms acceptable to City. All certificates and endorsements are to be received and approved by
City before work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete,cer[ified copies of all required
insurance policies, including endorsements effecting the coverage required by these speci£cations
at any time.
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g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in Califomia 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 Con[ract 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 Con[ractor.
i.Conhactor agrees that in the event of loss due to any of[he perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on beha(f 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 payment 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 Contractor, its employees, agenu 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 Ciry 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 terminate this Contract, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred [o 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
records and other information (collectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the term of this Contract and for a
period of three (3) years after termination or completion of this Contract, City shall have the right
to inspect and/or audit Conhactor'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 fumished if requested.
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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 Contractor:
1) Has complied and shall at all [imes during the term of this Contract comply, in all
respects, with all immigration laws, regulations, statu[es, 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
propedy 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 of this Contract respond, in a
timely fashion to any govemment inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Securiry, the Department of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or sub-consultants to make these
same representations and warranties required by [his 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.
e. If Conhactor,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 determine the status of such employee, such shall constitute a material
breach of this Contract and may be cause for immediate termination of this Contract by City.
E Contractor shall indemnify and hold City, its officials and employees harmless for,
of and from any loss, including bu[ 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 of this Contract.
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ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and govemed by the laws of the State
of Califomia and Contractor shall submit to the jurisdiction of California courts. Venue for any
dispute arising under this Contract shall be in Orange County, Califomia.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes [he entire agreement of the parties. No other agreement,
oral or written, pertaining to the work to be performed under this Conttact shall be of any force or
effect unless it is in writing and signed by both paRies. Any work performed which is inconsistent
wi[h or in violation of the provisions of this Con[ract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both padies. 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 o£the e-mail transmission.
CONTRACTOR" CITY"
T. E. Roberts, Inc. City of Orange
306 W. Katella Ave, Unit B 300 E. Chapman Avenue
Orange, CA 92867 Orange, CA 92866
Attn: Timothy Roberts Attn: Eduardo Lopez
Telephone: 714-669-0072 Telephone: 714-744-5527
E-Mail: trober[s@teroberts.com E-Mail: edlopez@cityoforange.org
ARTICLE 19
Claim Resolution
Ciry and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the work provided herein shall be subject to the procedures set for[h
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in Califomia 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 of which 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.
IN WITNESS W IEREOF, the parties have entered into this Contract as of the date and
year first above written.
CITY"
CITY OF ORANGE, a municipal corporation
By:
Mark . Murphy
Mayor of the City of Orange
CONTRACT, BONDSAND INSURANCE
APPROVED BY: ATTEST:
X 3.1 YIPJ.'_
Mary E. Binc ng, Senior Assistan i Attorney Pamela Coleman, City Clerk _
CONTRACTOR'.' - .
T. E. ROBERTS, INC. Califomia corporation
ote: Signature of Chairman of the By: I
Board, President or Vice President is Printed Name: TtmtYih Rol rtS
required] Title: PYPSId{n{-
Note: Signature of Secretary, Assistant By:
Secretary, Chief Financial Officer or Printed Name: I U.Stin Rf){'P,rtS
Assistant Treasurer is also required] Ti[le: Sec
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CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notarypublic or other officer completing this certificate verifies onty the identiry of
the indmdual who signed the document to which this certificate is attached,and no[
thetruthfulness,accuracy,orvalidiryofthatdocument.
State of California
Countyof Oranc_
j
On 3 'ZD'L beforeme, Kim E NP_wPi'-F lo ha V PubIIG 3
here inrert na e and title o(the fficer) F
personallyappeared _ TIYy p{'hlF Q.f7bQ,r 1'S aY1Q IS'hYl .ObEr S
i
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
a authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity _
F upon behalf of which the person(s)aded,exewted the instrument. t
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct. KIM e. NeWETT
COMM. #2228437 Za:•u Notary Public•Califomia p
i Orange County °
WITNE55 my hand and official seal.M Comm.Ez ires Feb.7,2022
cv. G` Signature
Seal)
Dptional lnformation
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Description ofAttached Document
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ATTACHMENT NO. 1
CALIFORNIA LABOR CODE
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
Section 1725.5. Registration of contractors; mandatory registration; qualifications and application;
fees; exempt contracrors
A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal,
subject to tl e requirements of Section 4104 of the Public Contract Code,or engage in the performance of any
public work contract that is subject to the requirements of this chapter. For the purposes of this section,
contractor" includes a subcontractor as defined by Section 1722.1.
a) To qualify for registration under this section, a contrac[or shall do all of the following:
1)(A) Register with the Department of Industria] Relations in the manner prescribed by the department and
pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under
this section and an annual renewal Fee on or before July 1 of each year thereafter. The annual renewal fee
shall be in a uni£orm amount set by the Director of Industrial Relations,and the initial registration and renewal
fees may be adjusted no more than annually by the director to support the costs speci5ed in Section 17713.
B) Beginning June 1, 2019, a contractor may register or renew according to this subdivision in annual
increments up to three years from the date of registration. Contractors who wish to do so will be required to
prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which
they wish to preregister.
2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section
3200) and includes sufficient coverage for any worker whom the conhactor employs to perform work that is
subject to prevailing wage requirements other than a contractor who is separately registered under this section.
Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or
certification of self-insurance required under Section 7125 of the Business and Professions Code.
B) If applicable,the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000)of
the Business and Professions Code.
C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any £nal judgment, order, or
detertnination by a cour[or any federal,state,or local administrative agency,including a confirmed arbi[ration
award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment,
order, or determination that is under appeal, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
D) The con[ractor is not cunently debarred under Section 1777.1 or under any other federal or state law
providing for the debarment of contractors from public works.
E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the
performance of a contract for public works without being lawfully registered in acwrdance with this section,
within the preceding 12 months or since the effective date of the requiremen[s set forth in subdivision (e),
whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph,the period
Attac}unent No. 1 roirv
Page 1 of 13
of disqualification shall be waived if both o£the following are true:
i)The contractor has not previously been found[o be in violation of the requirements of this paragraph within
the preceding 12 months.
ii)The contractor pays an additiona] nonrefundable penalty registration fee of two thousand dollars($2,000).
b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 17713 and shall be used only for the purposes specified in that section.
c)A contractor who fails to pay the renewal fee required under paragnph (1) of subdivision(a) on or before
the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the
performance of any contract for public work until once again registered pursuant to this section. If the failure
to pay the renewal fee was inadvertent, the conhactor may renew its registration retroactively by paying an
additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the
due date of the renewal fee.
d) If, afrer a body awarding a contract accepts the contractor's bid or awards the contract, the work covered
by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of
a determination by the director pursuant to Section 1773.5 or a court decision,the requirements of this section
shall not apply, subject to the following requirements:
1)The body that awarded the contract failed,in the bid specification or in the contract documents,to identify
as a public work that portion of the work that the determination or decision subsequently classifies as a public
work.
2) Within 20 days Following service of notice on the awarding body of a determination by the Director of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subconhactors are registered under this section or are
replaced by a contractor or subcontractors who are registered under this sec[ion.
3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal,
contract, or work performed after the awarding body is served with notice of the determination or decision
referred to in paragraph(2).
e) The requirements of this section shall apply to any bid proposal submitted on or afrer March 1, 2015, to
any contract for public work, as defined in this chapter, executed on or afrer April 1, 2015, and to any work
performed under a contract for public work on or after January I, 2018, regardless of when the contract for
public work was executed.
This section does not apply to work performed on a public works project of[wenty-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work performed on a public works project of fifteen thousand dollars ($I5,000) or less when the project is for
maintenance work.
Section 1771. Payment of general prevailing rate
Except for public works projects of one thousand dollars ($1,000) or less, not less than the general
prevailing rate of per diem wages for work o£a similar character in the locality in which the public work is
performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work
fixed as provided in this chapter, shall be paid to all workers employed on public works.
Attachment No. I toitv
Page 2 of 13
This section is applicable only to work perFormed under wntract, and is not applicable to work carried
out by a public agency with its own forces. This section is applicable to contracts let for maintenance work.
Section 1771.1. Registration as a contractar or subcontractor required prior to bid submission;
exceptions; violations; penalties
a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contrac[for
public work, as defined in this chapter, unless currently registered and qua(ified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid
that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of
he Public Contract Code, provided the contractor is registered to perform public work pursuant to Section
1725.5 at the time the contract is awarded.
b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public
works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of
the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
1) The subcontractor is registered prior to the bid opening.
2) Within 24 hours afrer the bid opening,the subcontractor is registered and has paid the penalty registration
fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public
Contract Code.
d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor,with the consent of the awarding
authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
e) The depaRment shall maintain on its Intemet Web site a list of contractors who are currently registered[o
perform public work pursuant to Section 1725.5.
A contract entered in[o with any wntractor or subcontractor in violation of subdivision(a)shall be subject
to cancellation, provided that a contract for public work shall not be unlawful,void, or voidable solely due to
the failure of the awarding body, contractor, or any subcontractor to comply with[he requirements of Section
1725.5 or ffiis section.
g) If the Labor Commissioner or his or her designee de[ermines that a contractor or subcontractor engaged
in the perFormance of any public work contract without having been registered in accordance with this section,
the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars($100) for each
day of work performed in violation of the registration requirement,not to exceed an aggregate penalty of eight
thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of
subpazagraph (E) of paragraph(2) of subdivision (a) of Section 1725.5.
h)(1) In addition to, or in lieu of, any other penafty or sanction authorized pursuant to [his chapter, a higher
Attachment No. 1 ponv
Page 3 of 13
tiered public works contractor or subcontractor who is found to have en[ered in[o a subcontract with an
unregistered lower tier subcontractor to perform any public work in violation of the requiremenu of Section
1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state,of one hundred dollars($100)
for each day the unregistered lower tier subcontractor performs work in violation of the registration
requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of
subdivision(a)of Section 1775 when determining the severity of the violation and what penalty to assess,and
may waive the penalty for a first time violation that was unintentional and did not hinder the Labor
Commissioner s ability to monitor and enforce compliance with the requirements of this chapter.
3)A higher tiered public works contractor or subcontractor shall not be liable for penalties assessed pursuant
to paragraph (1) if[he lower tier subcontractor's performance is in violation of[he requirements of Section
1725.5 due to the revocation of a previously approved registration.
4) A subcontractor shall not be liable for any penalties assessed against a higher [iered public works
contractor or subwntractor pursuant to paragraph (1). A higher tiered public works contractor or
subcontractor may not require a lower tiered subcontractor to indemnify or otherwise be liable for any
penalties pursuant to paragraph (1).
i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in
accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g)
and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment
issued under this subdivision may be requested in accordance with the provisions of Section 1742. The
regulations of the Director of Industrial Relations, which govem proceedings for review of civil wage and
penalty assessments and the withholding of contract payments under Article 1 (commencing with Section
1720) and Article 2 (commencing with Section 1770), shall apply.
j)(1) Where a contractor or subconhactor engages in the performance of any public work contract without
having been registered in violation of the requirements of Section 1725.5 or this section, the Labor
Commissioner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the
unregistered subcontractor on all public works until the unregistered contractor or unregistered subcontractor
is registered. The stop order shall not apply to work by registered contractors or subcontractors on the public
work.
2) A stop order may be personally served upon the contractor or subcontractor by either of the following
methods:
A)Manual delivery of[he order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparentty in charge at the site of the public
work and by thereafrer mailing copies of the order by first class mail, postage prepaid to the contractor or
subcontractor at one of the following:
i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors'
State License Board.
ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors'
State License Board, the address of the site of the public work.
3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party
contracting with the unregistered contractor or subcontractor,by the unregistered contractor or subcontractor,
Attachment No. 1 roav
Page 4 of 13
or both. The appeal, hearing, and any further review of the hearing decision shall be govemed by the
procedures,time limits, and other requirements specified in subdivision (a) of Section 238.1.
4)Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered
by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage
rate by that employer for any hours the employee would have worked but for the work stoppage,not to exceed
10 days.
k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or
subcontractor to observe a stop order issued and served up n him or her pursuant to subdivision (j) is guilty
of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine not exceeding
ten thousand dollars ($10,000), or both.
l) This section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for
public work entered into on or after April 1, 2015. This section shall also apply to the performance of any
public work, as defined in this chapter, on or after January I, 2018, regardless of when the contract for public
work was entered.
m)Penalties received pursuant to this section shall be deposited in the State Public Works Enforcement Fund
established by Section 17713 and shall be used only for the purposes specified in that section.
n) This section shall not apply to work performed on a public works project oFhventy-five thousand dollars
25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to
work perFormed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for
maintenance work.
Section 1771.4. Additional requirements when bidding and awarding public works contracts
a) All of the following are applicable to all public works projects that are otherwise subjec[ to the
requirements of this chapter:
1)The call for bids and contract documents shall specify that the project is subject to compliance monitoring
and enforcement by the Department of Industrial Relations.
2) The awarding body shall post or require the prime contrac[or to post job site notices, as prescribed by
regulation.
3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor
Commissioner, in the following manner:
A) At least monthly or more frequently if specified in the contract with the awarding body.
B) In a format prescribed by the Labor Commissioner.
4) If the contractor or subcontractor is not registered pursuant to Section 1725.5 and is performing work on
a project for which registration is not required because of subdivision ( of Section 1725.5, the unregistered
conhactor or subcontractor is not required [o fumish the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least [hree years after
completion of the work.
Attachment No. I pairo/
Page 5 of 13
5) The department shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
b) The Labor Commissioner may exempt a public works project from compliance with all or par[ of the
requirements of subdivision (a) if either of the following occurs:
I)The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on
all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of
Section 1771.5, continuously since December 31,201 I.
2)The awarding body has entered into a collective bargaining agreement that binds all contractors performing
work on the project and that includes a mechanism for resolving disputes about the payment of wages.
c)The requirements of paragraph(1)of subdivision(a)shall only apply to contracts for public works projects
awarded on or after January I, 2015.
d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether
new or ongoing, on or after January 1, 2016.
Section 1775. Penalties for violations
a)(1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political
subdivision on whose behalfthe contract is made or awarded,fodeit not more than two hundred dollars($200)
for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as
determined by the director for the work or craft in which the worker is employed for any public work done
under the contract by the con[ractor or, except as provided in subdivision (b), by any subcontractor under the
contractor.
2)(A)The amount of the penalty shall be determined by the Labor Commissioner based on consideration of
both of the following:
i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good
faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the
contractor or subcontractor.
ii) Whether the contractor or subcontracror has a prior record of failing to meet its prevailing wage
obligations.
B)(i) The penalty may not be less [han forty dollars ($40) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the
correc[ rate of per diem wages was a good faith mistake and, if so, the error was promp[ly and voluntarily
corrected when brought to the attention of the contractor or subcontractor.
ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or por[ion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penal[ies
within the previous three years for failing to meet its prevailing wage obligations on a separate contract,unless
those penalties were subsequently withdrawn or overturned.
iii) The penalty may not be less than one hundred [wenty dollars ($120) for each calendar day, or poRion
thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that
the violation was willful, as defined in subdivision(c) of Section 1777.1.
Attachment No. 1 poiro
Page 6 of 13
C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding
wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor
or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or
subcontractor pursuant to this section.
D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
E) The difference between the prevailing wage rates and the amount paid [o each worker for each calendar
day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by the contractor or subcontractor,and the body awarding the contract shall cause to be inserted in the
contract a stipulation that this section will be complied with.
b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate
of per diem wages by the subcontractor,the prime contractor of the project is not liable for any penalties under
subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the
specified prevailing rate of wages to those workecs or unless [he prime contractor fails to comply with all of
he following requirements:
1) The contract executed between the contractor and the subconfractor for the performance of work on the
public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5,
1813, and 1815.
2)The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the
subcontractor[o the employees, by periodic review of the certified payroll records of the subcontractor.
3)Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing
rate of wages,the contractor shall diligently take corrective action to halt or rectify the failure, including, but
not limited to,retaining sufficient funds due the subcontractor for work performed on the public works project.
4) Prior to making final payment to [he subcontractor for work performed on [he public works project, the
contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the
subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the
public works project and any amounts due pursuant to Section 1813.
c)The Division of Labor Standards Enforcement shall notify the contractor on a public works project within
IS days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a
subcontractor on that public works project[o pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll rewrds; retention; inspection; redacted inFormation; agencies entitled to receive
nonredacted copies of certified records; noncompliance penalties; rules
a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social
security number, work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each joumeyman, apprentice, worker, or other employee employed by him or
her in connection with the public work. Each payroll record shall contain or be verified by a written
declaration that it is made under penalty of perjury, stating both of the following:
1) The information contained in the payroll record is true and correct.
Attachment No. 1 poim
Page 7 of 13
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work
performed by his or her employees on the public works project.
b)The payroll records enumerated under subdivision(a)shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the contractor on the following basis:
1)A certified copy of an employee's payroll record shall be made available for inspection or fumished to the
employee or his or her authorized representative on request.
2)A certified copy of all payroll records enumerated in subdivision(a)shall be made available for inspection
or fumished upon request to a repcesentative of the body awarding the con[ract and the Division of Labor
Standards Enforcement of the Department of Industrial Re]ations.
3)A certified copy of all payroll records enumerated in subdivision(a) shall be made available upon request
by the public for inspection or for copies thereof. However, a request by the public shall be made through
either the body awarding the contract orthe Division of Labor Standards Enforcement. Ifthe requested payroll
records have not been provided pursuant to paragraph (2), the requesting party shall, prior[o being provided
the records, reimburse the costs of preparation by the contractor,subcontractors,and the entity through which
the request was made. The public may not be given access to the records at the principal office of the
contractor.
c) Unless required to be fumished directly to the Labor Commissioner in accordance with paragraph (3) of
subdivision (a) of Section,1771.4, the certified payroll records shall be on forms provided by the Division of
Labor Standards Enforcement or shall contain the same inforcnation as the forms provided by the division.
The payroll records may consist of printouts of payroll data that are maintained as computer records, if the
printouts contain the same information as the forms provided by the division and the printouts are verified in
the manner specified in subdivision (a).
d)A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with
the entity that requested the records within 10 days afrer receipt of a written request.
e) Except as provided in subdivision (, any copy of records made available for inspection as copies and
furnished upon request to the public or any public agency by the awarding body or the Division of Labor
Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address,
and social security number. The name and address of the contractor awarded the conhact or the subcontractor
performing the contract shall not be marked or obliterated. Any copy of records made avaifable for inspection
by, or fumished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for [he purposes of allocating contributions to participants shall be marked or obliterated only to
prevent disclosure of an individual's full social security number, but shall provide the last four digi[s of the
social security number. Any copy of records made available for inspection by, or£umished to, ajoint laboo-
management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29
U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security
number.
1)Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike
Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance
Code and other law enforcement agencies imestigating violations of law shall, upon request, be provided
nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for
inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike
Attachment No. 1 /1onv
Page 8 of l3
Force on the Underground Economy or[o a law enforcement agency investigating a violation of law shall be
marked or redacted to prevent disclosure of an individual's name, address, and social security number.
2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in
good faith in compliance with this subdivision.
g)The contractor shall in£orm the body awarding the contract of the location of the records ermmerated under
subdivision (a), including the street address, city, and county, and shall, within five working days, provide a
notice of a change of location and address.
h) The contractor or subcontracror has 10 days in which to comply subsequent to receipt of a written notice
requesting the records enumerated in subdivision (a). In the event that the con[ractor or subcontractor fails to
comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose
behalf U e contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion
thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor
Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is
not subject to a penalty assessment pursuant to this section due to the failure of a subcontrac[or to comply
with this section.
i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
j)The director shall adopt rules consistent with the Califomia Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Governmen[ Code) and the Information Practices Act of
1977 (Title 1.8 (commencing wi[h Section 1798) of Part 4 of Division 3 0£the Civil Code) governing the
release of these rewrds, including the establishment of reasonable fees to be charged for reproducing copies
of records required by this section.
Section 1777.5. Emplayment of registered apprentices; wages; standards; number; apprenticeable
craft or trade; esemptions; contributions; compliance program
a)(1) This chapter does not prevent the employment upon public works of properly registered
apprentices who are active participants in an approved apprenticeship program.
2) For purposes of this chapter, "apprenticeship program" means a program under [he jurisdiction of the
Califomia Apprenticeship Council established pursuant to Section 3070.
b)(I) Every apprentice employed upon public works shall be paid the prevai]ing rate of per diem wages for
apprentices in the trade[o which he or she is registered and shall be employed only at the work of the crafr or
trade to which he or she is registered.
2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch
of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice
to fill out an application or undergo testing, training, an examination, or other preemployment process as a
condition of employment, the apprentice shall be paid for the time spent on the required preemployment
activity, including travel time to and from the required activity, if any,at the prevailing rate of per diem wages
for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective
bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on
preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or
she fails to pass that tes[.
Attachment No. 1 ponv
Page 9 of 13
c) Only apprentices,as defined in Section 3077,who are in training under apprenticeship standards that have
been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under Chaptec 4 (commencing with Section 3070) of Division 3 are eligible to be
employed at the apprentice wage rate on public works. The employment and training of each apprentice shall
be in accordance with either of the following:
1) The apprenticeship standards and apprentice agreements under which he or she is training.
2) The rules and regulations of the California Apprenticeship Council.
d) If the contractor to whom the con[ract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable crafr or trade,the contractor shall
employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program
in the craft or trade that can provide apprentices to tl e site of the public work for a certificate approving the
contractor under the apprenticeship standards for the employment and training of apprentices in the area or
industry affected. However,[he decision of the apprenticeship program to approve or deny a certificate shall
be subject ro review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractoc A contractor covered
by an apprenticeship program's standards shall not be required to submit any additional application in order
to include additional public works contracts under that program. "Apprenticeable craft or trade," as used in
this section, means a crafr or trade determined as an apprenticeable occupation in accordance with rules and
regulations prescribed by the California Apprenticeship Council. As used in this section, "contractor"
includes any subcontractor under a contractor who performs any public works not excluded by subdivision
o).
e) Before commencing work on a contract for public works, every contractor shall submit contract award
information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
The in£ormation submitted shall include an estimate ofjourneyman hours to be performed under the contract,
the number of apprentices proposed to be employed, and the approximate dates the apprentices would be
employed. A copy of this information shall also be submitted to the awarding body, if requested by the
awarding body. Within 60 days afrer concluding work on the contract, each con[ractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the
joumeyman and apprentice hours performed on the contract. The information under tliis subdivision shall be
public. The apprenticeship programs shall retain this information for 12 months.
The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure
equal employment and affirmative action in apprenticeship for women and minorities.
g) The ratio of work performed by apprentices to joumeymen employed in a particular craft or trade on the
public work may be no higher than the ratio stipulated in the apprenticeship standards under which the
apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as
otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every
five hours of joumeyman work.
h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when
anyjoumeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the
day by journeymen so employed. Any work performed by a joumeyman in excess of eight hours per day or
40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the
number of hours computed as above before the end of the contract or, in the case of a subcontractor, before
the end of the subcontract. However,the contractor shall endeavor,to the greatest extent possible,to employ
Attachment No. 1 ponv
Page 10 of 13
apprentices during the same time period that the journeymen in the same craft or trade are employed at the
jobsite. When an hourly apprenticeship ratio is not feasible for a particular crafr or trade, the Administrator
of Appren[iceship, upon application of an apprenticeship program, may order a minimum ratio of not less
than one apprentice for each five journeymen in a craft or trade classification.
i)A contractor covered by this section who has agreed to be covered by an apprenticeship program's standards
upon the issuance of the approval ceRificate, or who has been previously approved for an apprenticeship
program in the craft or trade,shall employ the number of apprentices or the ratio of apprentices to joumeymen
stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by
subdivision (g).
j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the
state on all of his or her wntracts on an annual average of not less than one hour of apprentice work for every
five hours o£labor performed by joumeymen, the Administrator of Apprenticeship may grant a certificate
exemp[ing the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade.
k)An apprenticeship program has[he discretion to grant to a padicipating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
conhac[or from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions
is met:
1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent.
2) The number of appren[ices in training in the area exceeds a ratio of 1 to 5.
3)There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen
annually through apprenticeship training, either on a statewide basis or on a local basis.
4) Assignment of an apprentice to any work performed under a public works contrac[ would crea[e a
condition that would jeopardize his or her life or the life,safety,or proper[y of fellow employees or the public
at large, or the specific task to which the apprentice is to be assigned is of a nature tha[ training cannot be
provided by a journeyman.
l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a
specific trade from the 1-to-5 ratio on a local or statewide basis,the member contractors shall not be required
to submit individual applica[ions for approval to local joint apprenticeship committees, if they are already
covered by the local apprenticeship standazds.
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs joumeymen or apprentices in any apprenticeable craft or trade shall contribute to the Califomia
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
for payments to the council any amounts paid by the contractor to an approved apprenticeship program that
can supply apprentices to the site of the public works project. The contractor may add the amount of the
conh ibutions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafrer, the Califomia
Apprenticeship Council shall distribute training contributions received by the council under this subdivision,
less the expenses of the Department of Industrial Relations for administering this subdivision, by making
Attachment No. I roiiv
Page 11 of 13
grants to approved appren[iceship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
i) If there is an approved multiemployer apprenticeship program serving the same crafr or trade and
geographic area for which the training contributions were made to the council, a grant to that program shall
be made.
ii) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade
and county for which the training contributions were made to the council, the grant shall be divided among
those programs based on the number of apprentices from that county registered in each program.
iii) All training contributions not distributed under clauses (i) and (ii) shall be used to defray the future
expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship
and preapprenticeship standards and requirements under this code.
B)An apprenticeship program shall only be eligible to receive grant funds pursuant to this subdivision if the
apprenticeship program agrees,prior to the receipt of any grant funds,to keep adequate records that document
the expenditure of grant funds and to make all records available to the Department of Industrial Relations so
that the Department of Industrial Relations is able to verify tha[ grant funds were used solely for training
apprentices. For purposes of this subparagraph, adequate records include, but are not limited to, invoices,
receipts, and canceled checks that account for the expenditure of grant funds. This subparagraph shall not be
deemed to require an apprenticeship program to provide the DepaRment of Industrial Relations with more
documentation than is necessary to verify the appropriate expenditure of grant funds made pursuant to this
subdivision.
C)The Department of Industrial Relations shall verify that grants made pursuant to this subdivision are used
solely to fund training apprentices. If an apprenticeship program is unable to demonstrate how grant funds
are expended or if an apprenticeship program is found to be using grant funds for purposes other than training
apprentices,then the apprenticeship program shall not be eligible to receive any future grant pursuant to this
subdivision and the Department of Industrial Relations may initiate the process to rescind the registration of
the apprenticeship program.
3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the
LegislaWte, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of
carrying out this subdivision and to pay the expenses of the Department of Industrial Relations.
n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section. The stipulations shall fix the responsibility of compliance wi[h this section for all apprenticeable
occupations with the prime contractor.
o) This section does not apply to contracts of general contractors or to wn[racts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty contractors involve less than thirty thousand dollars ($30,000).
p)An awarding body that implements an approved]abor compliance program in accordance with subdivision
b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under
the terms and conditions prescribed by the director.
SecHon 1813. Forfeiture for violations; contract stipulation; report of violations
Attachment No. 1 pairo
Page 12 of 13
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
conhact is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the exew[ion of
the contract by the respective contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of this article. In awarding any contract for public work, the awarding
body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take
cognizance of all violations of this article committed in the course of the execution of the contract, and shall
report them to the Division of Labor Standards Enforcement.
Section 1815. Ovectime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inseRed in any contract pursuant to the requirements of said sections, work performed by
employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted
upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 %,
times the basic rate of pay.
Attachment No. 1 poiis
Page 13 0£13
ATTACHMENT NO.2
CALIFOI2NIA PUBLIC CONTRACT CODE SECTION 9204
Section 9204. Legislative findings and declarations regarding timely and complete payment of
contractors for public works projects; claims process (Eff: January 1, 2017)
a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that
all construction business performed on a public works project in [he state that is complete and not in dispute
is paid in full and in a timely manner.
b)Notwithstanding any other law, including,but not limited to,Article 7.1 (commencing with Section 10240)
of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing
with Section 20104) o£Chapter 1 of Part 3,this section shall apply to any claim by a contractor in connection
with a public works project.
c) For purposes of this section:
1) "Claim" means a separate demand by a contractor sent by regis[ered mail or certiFed mail with retum
receipt requested, for one or more of the following:
A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed
by a public entity under a contract for a public works project.
B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the
contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled.
C) Paymentof an amount that is disputed by the public entity.
2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public
entity for a public works project.
3)(A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency,
department, office, division, bureau, board, or commission, the Califomia State University, the University of
California, a city, including a charter city, county, includi g a charter county, city and county, including a
char[er city and county, district, special district, public authority, political subdivision,public corporation, or
nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the
public agency.
B) "Public entity" shall not include the following:
i)The Department of Water Resources as to any project under the jurisdiction of that department.
ii)The Department of Transportation as to any project under the jurisdiction of that department.
iii)The Department of Parks and Recreation as to any project under the jurisdiction of that depar[ment.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter I 1 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
Attachment No. 2
Page 1 of 3
v) The Military Department as to any project under the jurisdiction of tha[department.
vi) The Department of General Services as to all other projects.
vii) The High-Speed Rail Authority.
4) "Public works projecY' means the erection, construction, alteration, repair, or improvement of any public
structure, building, road, or other public improvement of any kind.
5)"Subcontractor"means any rype of contractor within the meaning of Chapter 9 (commencing with Section
7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or
is a lower tier subcontractor.
d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall
conduct a reasonable review ofthe claim and,within a period not to exceed 45 days,shall provide the claimant
a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon
receipt of a claim, a public entity and a contractor may,by mutual agreement,extend the time period provided
in this subdivision.
B) The claimant shall furnish reasonab(e documentation to support the claim.
C) I£the public entity needs approval from its goveming body to provide the claimant a written statement
identifying the disputed poRion and the undisputed portion ofthe claim, and the goveming body does not
meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly no[iced meeting of the governing body after the 45-day period,or extension,
expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
D)My payment due on an undisputed poRion of the claim shall be processed and made within 60 days after
the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph
3) shall apply.
2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a
claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any
portion of the claim remains in dispute, the public entiTy shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the por[ion that is undisputed. My payment
due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity
issues its written statement.Any disputed portion of the claim,as identif ed by the contractor in writing,shall
be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs
equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the
disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each
party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with
regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective
mediator in connection with the selec[ion of the neutral mediatoc If inediation is unsuccessful, the parts of
the claim remaining in dispute shall be subject to applicable procedures outside this section.
Attachment No. 2
Page 2 of 3
C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to,
neuffal evaluation or a dispu[e review board, in which an independent third party or board assists [he parties
in dispute resolution through negotiation or by issuance of an evaluation.Any mediation utilized shal]conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuan[ to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation
has been commenced.
E) This section does not preclude a public entity from requiring arbitration of disputes under private
arbitration or the Public Works Contract Arbitration Program, if inediation under this section does not resolve
the parties' dispute.
3) Failure by the public entity to respond to a claim from a contractor within the time periods described in
this subdivision or to otherwise meet the time requirements of this section shall result in the claim being
deemed rejected in its entirety.A claim that is denied by reason of the public entity's failure to have responded
to a claim,or its failure to otherwise meet the time requirements of this section,shall not constitute an adverse
finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
5) If a subcontractor or a lower tier subconhactor lacks legal standing to assert a claim against a public entity
because privity of contract does not exist,the contractor may present to the public entity a claim on behalf of
a subcontractor or]ower tier subcontractor.A subcontractor may request in writing,either on their own behalf
or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed
by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor
requesting that the claim be presented to the public en[ity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the con[ractor shall notify the subcontractor in
writing as to whether the contractor presented the claim to the public entity and, if the original contractor did
not present the claim,provide the subcontractor with a statement of the reasons for not having done so.
e) The text of this section or a summazy of it shall be set for[h in the plans or specifications for any public
works project that may give rise to a claim under this section.
A waiver of the rights granted by this section is void and contrary to public policy,provided,however,that
1)upon receipt of a claim,the parties may mutually agree to waive, in writing,mediation and proceed directly
to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may
prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to
the provisions of this section, so long as the conhactual provisions do no[ conflict with or otherwise impair
the timeframes and procedures set forth in this section.
g) This section applies to contracts entered into on or after January 1, 2017.
h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
i) This section shall remain in effect only until January 1,2027, and as ofthat date is repealed, unless a later
enacted statute,that is enacted before January 1, 2027, deletes or extends that date.
Attachment No. 2
Page 3 of 3
FORMAL BID PROPOSAL
FOR
KENNYMEAD STORM DRAIN IMPROVEMENTS
BIDNO. 190-27 PROJECT: Dd75
eBidDocT" bfi31881
BIDS DUE: 2:00 PM,Thursday,January 23,20?0
PLACE: City Clerk's Office,City of Orange,300 E.Chapmau Avenue
17ME OF COMPLETION: Thirty(30J Calendar Days
PLAIYS&SPECS AVAILABLE AT: Public Works Dept.,300 E.Chapman Avenue
tiew.OUESTCDN.com; Email: infoQquestcdn.com
COST:25.00($35.00,if maiied)
BID INQUII2IES: 714)744-5563
CITY OF ORANGE
DEPARTMENT OF PUBLIC WORKS
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INDEX
1. NOTICE INVI'CMG BIDS(Legal Notice).....................................................................LN-1
2. PROPOSAL....................................................................................................................P-1 TO P-10
3. ATTACHMENT 1: Ci y of Orange Standard Special Provisions.............................SP-1 TO SP-44
4. ATTACI[MENT 2: City of Orange,SPPWC,and Caltrans Stzndard Plans
5. APPENDIX A: Performance Bond,Payment Bond and Sample Conhact
6. APPENDIX B: Centerline Tie Location
7. APPENDIX C: Construction Plans
January 20I9
Prepared By:
I/OS/2020
Eduardo M.Lopez,Senior Civil Engineer Date
Approved By:
7J CopyNo.
un,City Engineer Dat
Checked by
FORMAL BID LEGAL NOTICE
Sealed bids are being invi[ed under our Bid No. 190-27: Proiect D-175:Kennvmead Storm Drain Imorovements
Structure in accordance with bid forms and specifications available at the office of the City Engineeq 300 East
Chapman Avenue,Orange,Califomia,92866,at a NON-REFiJNDABLE cost ofS25.00 S( 35.00 if mailed).Complete
digital project bidding documents are available at www.questcdn.com.You may download the digital documents tor
20.00 by inputting Ques[project#6631881 on the website's Project Search page.Please contact QuestCDN at 952-
233-1632 or info@questcdn.com for assistance in free membership registration,downloading,and working with this
digita!project information. The publicatioq"Ciry of Orange Standard Plans and Specifications", latest edition and
addendum(a)shall govem the work under[his contract and a copy of the City publication is available at the office of
the City Engineer at a NON-REFUNDABLE charge of$12.00($15.00 if mailed).
Sealed paper bids will be received until 2:00 PM.January 23,2020.(Thursdavl in[he office of[he City Clerk,City
of Orange, 300 E. Chapman Avenue, Orange, California, 92866-1591, or received and accepted via the online
electronic bid service through QestCDN vbid Online Bidding.Electronic bid submittals shall submit wet signed
bid bond to the City by the bid opening deadline.Bids will be publicly opened and read in Conference Room C,
by the Purchazing Officer. All bids will be presented ro the City Council on March 10,2020(7'uesdavl.
Contract documents may also be examined in Ihe office of the City Engineer.
The Ciry reserves the right[o reject any or all bids,to reject any item in a bid unless an"all or none"basis is specified
or[o waive any informality or[eclu icality in the bids received.
The bidder selec[ed by[he City for the award of a conhac[for this Project must be properly licensed in accordance
with the laws of the State of Califomia as a General Eneineerine Contractor(Class A)at the time of submitting its
bid. The City will reject the bid of a bidder as being non-responsive if the bidder does not hold the requisite
contrac[or's license at the[ime of submitting i[s bid; such a bidder shall be subject[o all legal penal[ies imposed by
law, including, but not limited to, any appropriate disciplinary action by the Conhacrors' State License Board. In
additioq each suticontractor listed by the bidder shall possess,both at the time ofthe award ofa contract ro the bidder
and at all times when work is performed, a valid contractor's license for the appropriate classification necessary to
perfocm the work for which that subconhactor is listed. Failure of the bidder to deliver evidence to the City prior to
the award of a wntract for this Project that each and every subcontractor listed by the bidder is properly licensed for
the classification necessary to perform [he work for which that subcontractor is listed, shall wnsti[ute a failure to
execute the contract and may subject the bidder to all legal penalties imposed by law, including, but not limited to,
forfeiture of the security of the bidder.
In lieu of the City's retaining a portion of progress payments due a Contractor,the Contractor may elect to deposit
qualifying securities equivalent to the amount to be held. Upon such deposit under an escrow aeeement,[he funds
must be released. The Public Contract Code specifies the exact form of escrow agreement (Public Contract Code
Secrion 22300,Subdivision E).
The Contractor shall be registered with Department of Industrial Relations(DIR),Stare of Califomia per Labor Code
SecHon 17Z1(a)at the time of bid. This project is subject to compliance monitoring and enforcement by DIR.
City Of Omnge
Public Vorks Department
300 E.Chapman Avenue
Orange,Califomia 92866-1591
714)744-5544
PUBLISHED"ORANGE CITY NEWS":
Ianuary 9.2020
January 16.2020
LN-I
T. E • Rober's ln.
Company Name (Bidder)
PROPOSAL
TO TE CITY COUNCIL OF Tk CITY OF ORANGE:
In wmpliance with the no[ice invi[ing bids,plans,specifica[ions and other contrac[documents for the wnsWc[ion ofBidNo.79427:Proiect Q175•Kenm mead Sf Drain Imorovements [he undersigned has cerePolly examined:
the locanon of the proposed work, charzcter, qualiry and qaantity of work to be performed, conditions to be
encountered, marerials to be furnished and as to the requirements of the plans, specifications and other contract
documents;agrees that submission of a proposal shall be considered prima facie evidence that the bidder has made
such ezamination;and proposes to fiirnish all labor,materials,tools,and equipment necessary to complete the work
in accordance with said plans,specifications and other convact documents at the following unit or lump sum pricessetforthintheschedute.
If awarded the convact,[he undersigned agrees to commence ihe work on under the contract within ten(10)days after
the da[e ofcontract,and complete said work for Proiect D-175,within Thirtv(301 calendar days Bom the first dayofcommencemen[ of such work wless legal e.rtension is granted in accordance with the terms set fonh in the
specifica[ions.
The undersigned agrees tha[the foregoing estimate of quantities of work to be done and materiais to be fivnished are
appronimate only,being given as basis for the comparison of bids.
The wdersigned agrecs that the Ciry will no[be held responsible if any of the approximate quantitiu shown in the
foregoing proposal shall be found incorrect,and shall not make any claim for damages or for loss of profits becauseofadifferencebetweenthequantitiesofthevariousciassesofworkasestimatedandiheworkactuallydone. If any
eaor,omission or mis-statement shall be discovered in the estimated quantities,it shall not invalidate this contract or
releue the undersigned from the execution and completion of the whole or part of the work herein specified, in
accordance with the specifications and the plans herein mentioned and the prices herein agreed upon and fixed
therefore, or excuse him Gom any of the obligations or Iiabilities hereunder, or entitle him to any damages or
compensation othenvise than as provided for in this contrac[.
The wdersigned agrees iha[the City shall have the right to increase or decrease the quantity ofany bid irem or portion
of ihe work or ro omit portions of the work as may be deemed necessary or expedient, and that the paymrnt for
incidental items ofwork not separarely provided in the proposal shall be considered included in the price bid for othervariousitemsofwork.
Accompanying this proposal is g7i dc P r c Rond g_ , p-'q —
NOTICE: insert the words"Cash", "Certified Check",or"Hidder's Hond'•,u the case may bq in an amount equal to
at leas[10 percen[ofthe toial bid price,paya6le ro Ihe City of Orange to guaranree that the bidder will,if awarded the
contrac[,promp[ly execufe such contrac[in accordance with[he proposal and in the manner and fortn required by the
contract documenGs,and will fumish good and sufficient bonds for the faiihful perfortnance ofthe same.
The undersigned deposits the above named sewrity as a proposal guaranty end agrees that it shall be forfei[ed to the
City of Orange as liquidated damages in case this proposal is withdrawn by the undersigned and the undersigned shall
fail to execute a contract for doing said work and to fumish good and su cient 6onds in the form set forth in the
speciications and convact documents of the City,vith surety satisfactory to the Ciry within IS days afler the bidder
has received written no[ice of the award of Ihe contract;othenvise,said security shall 6e reNmed to the undersigned.
I
I
p_ I
I
Bidder hereby declares in wri[ing, under penalry of perjury [hat all employees who will be performing labor,
mainlenance, delivery, installation or repair, will be those who are legally entided to live and work in the United
States. Further,the bidder as employer agrees[o provide documentary proof of such eligibiliry(when requested byIheCityofanyo[her authorized entity or agency).
Bids are to be submitted for the enGre work.The amount of the bid for comparison purposes will be the toral of all items.
7'he bidder shall set forth for each unit basis item of work a unit price and a total for the item,and for each lump sumirematocalfortheicem,all in deariy legible figures in the respective spaca provided for that purpose. In the case of
uni[basis items,the amount set forth under the"Item Total"colwnn shall be he product of the wit price bid and the
estlmated quantiry for the item. In caze of discrepancy between the unit price and the total set forth for a unit basis irem,
the unit price shall prevail,except az provided in(a)or(b),as follows;
a) If the amoun[set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as he
amount as the entry in the item total column,then the aznount:et torth in the item totai column for ttie ilem shall prevailandshallbedividedbytheestimatedquantityfortheitemandthepricethusobtainedshallbetheunitprice;
b) (Decimal Erzors) If the product of the entered wit price and the estimated quantity is ezactly off by a factor of
ten, one hundred,e[c., or one-ten[h, or one-hundrcd h, e[c. from ihe enterzd[ota1,he discrepancy will be resolved by
usino the entered unit price or item total,whichever moet closely approximares perrentage wise the unit price or itemtotalintheCityofOrangeFinalEstimateofcost
If both the unit price and the irem total are vnreadable or othmviu wclear, or are omitted,the bid may be deemed
iRegular. Likewise if the item total Cor a lump sum item is unreadable or otherwise unciear,or is omitted,the bid maybedeemedirregularunlessiheprojectbeingbidhasonlyasingleitemandaclear,readable tatal bid is provided.
Symbois such as commas and dollar signs will be ignored and have no mathematical significance in establishing anyuni[price or i[em mtal or lump sums. Written unit pricu,item tofals and lump sums will be in[erpreted according to
the number of digits and, if applicable,decimal placement. Cents symbols also have no significance in establishinganywitpriceoriremtotalsinceailfiguresareassumedtobeexprwsedindollarsand/or decimal fractions ofa dollar.
Bids on lump sum items shall be item totals only;if any unit price for a lump sum item is included in a 6id and itdiffers&om the irem total,the items total shall prevail.
The foregoing provisions for the resolution of specific irregilarities cannot 6e so comprehensive as to cover everyomission,inconsistency,ertor or other irtegularity which may occur in a bid.My situation not specifically provided for
will be determined in the discretion of ifie Ciry of Orenge,and that discretion will be exercised in the manner deemed
by the Ciry of Orange,to best protect the public interest in the pmmpt and economical completion of the work. 'Ihe
decision of the City of Orange rupec[ing Ihe amow[of a bid,or tfie existence or veatment of an irregularity in a bid,shall be final.
p_
PROPOSALSCREDULE
Keonymead Storm Drain Improvements
Bid Na. 190-27;D-175)
ITEM
QUAN.I,I,CY JNIT PRICE
T PRICE TOTALNO. TO BE WRITCEN IN WORDS
1 1 LS 72"RISER AND REMFORCED
CONCRETE JUNCTTON BOX PER
PLAN
Th rt khnuv ncl dona s
and 2 C / 0 cents n, oo._3
2 1 EA CONCRETE COLLAR PER STD
PLAN 322 DETAIL D
o r +.ou t.nd -FhrGt
hundr{d 51V[y-{v2 dollars
and y e v O cents I, 3 5.- I. 3 7 5 . —
3 4 LF 36"REiNFORCED CONCRETE PIPE
RCp1pnC 1'YtovSa.nL< 5iX
NundrGd s xfy dollars
and Z e r O cents 5 O ." o, (o D D,—
4 I LS CLEAN OUT DEBRiS FROM
EXISTiNG 36"RCP
TWv kho SPnA.+h r{y--F dollars
d z { — ro cents 2. 3.' 2, D 3 5. —
5 30 LF METAL GUARDRAIL
DUV NUhdrf n nG dollars
and 2 v- D cenGs q L, 2 p, '
6 90 CY RIPRAPl20D LB.METHOD Bl
One hundred s x+V-nincaouan
and 2 C r o cen[s q I 5 2 I O
TOTAL BID AMOUNT n y q n ,
TOTAL BID AMOUNT WRITTEN IN WORDS:
SevcwtV nusan Fnur Hun (r ( inef-v doll s and o r ent
LEGEND OF UNITS
LS=lump sum EA=each LF=lineal feet SF=square feet CY=cubic yard
TON=ton
P3
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be attached if necessary.
I. State the number of consewtive years of experience as a licensed general building contractor holding a Class A
license in the Stare of Califomia: v 2q YS
T—
2. List at least three(3)projects you have completed as the prime contracror that are similar to the project that is the
subject of this invitation to bid in rerms ofconshuction rype and/or method,size of project with respectto area or
volume, and contract dollar amount. Such experience shall have been acquired x4thin the pazt seven(7)years
prior to the date of submittal of tLis bid:
CON'CRACT A,VIOUNT CLASS OF WORK DATE COMPLETED NAhfE,ADDRE55 and PHONE
NUMBER OF OWNER
I Oloq 222 vraina e I,y,nulmt eDCL. 201q QK NiY rncmun. Pt.k MithnCL O.vOnA2'1oS•q83S
i 30¢ .t..,. II Ll I./I LlF
2. SD 452. Drnix e/ m „/{a
eoStHiUa Mtmor /,rk N¢6aU Boon SLa zoS-4B3s
J
D(/. 2D1 39ea W rkw an M,l n_.( I.II.rIFr`. (a
y Mev fen N ry( Ws cr 0 1r t MAI'h [rpJ/ Q4 £31-2SLp3.
u
Z_4 L19 - S rM A-m fkrc._M0.Y '.u{ ib /ro Aon QA. !a nwNdl G,4
q. Uty of W Ytlu Kylc Ltlon S42 TLf-951/4. . 57.G jkSil#in e dag ND. 2D1'I 13L9O rr.n sr wl,l+i<. rwa-
5. ' Is8 NOS.' c oFon+o. k y Mr.r9ut2 109 3 5-2LY3SlorrnATAu Rc l runf'a/1 201 u 5 non wcW v ont-e,. cai
6. $ .?l2$` CMmDrriin ptt t ND.t G+y oCNCWpuvY BG<N. MiktSur r HY1 64V 3342
J r
DI IO 100 C ria !G F4 O Uf t (i l . [p
3. FortheprojectsyouhavedescribedinitemNo.2,above,pleasegiveadeuriptionofthescopeofworkperformed
by you as the prime contractor:
1. Il13FG Fe ISOD di FIDPE ipd ne anA +yP r+t an rr avc c c 10 I.,,,-F depN
2ose Ndls -(rf.ks de
Z. 1bsfAll{ 4mD' 9 1' HDak m I n and ap v fencne[s a .n a ar ues /4 cu-lZoSe {11(• Mlsa n.. 1 S
3. C 7AtrP 5}om- .frd n haivl,fliA J ,..,1 .A
De.sva As Ucl
M
r.
4. In5lalieA ROa' 24-3[." Nnv Puc e anel aon t 2 s
Spv
5. ,,f,lec A 2 niP u.. 2 pe d - e 4 ardk
lFoll urul a D 91r ef
6. Gxcava+ed s octitai< .ro < „bytlf St - -o ,h, Y n,
Avo.An dn ParBr /nma-Aiah a i
4. Ifrequested by the Ciry of Orange,the Bidder shall fumish a notarized financial statement,financial data,orother
information and re&rences su ciently comprehensive to pertni[an appraisal ofhis current financial conditions.
5. BiddershallsigniCyreceiptofallAddendahere,ifany. (NOTE: Myverbalinswcfionsgiventobidderinquiries
in the form of addenda will be aclrnowledged by Ihe bidders on written addenda available at the place of[he bid
opening 30 minutes prior to the bid opening.)
ADDENDUM DATE RECEiVED BIDDEA'S SIGNATURE
V /
P-i
LIST OF SUBCONTRACTS
A. The undersigned intends lo subcontract a portion of this project to the followin subcontracts6 Note:Refcr to
Section 23 of the Standard Specifications and Section 4100 fhrough 4113 of the Califomia Coniract Code for
SUBCONTRACI'DISCLOSURE REOUIREMENTS.
NM@OFSVBCOHIPACfOM L12NSE O DfIW1NU1.1gFR)PpHCCMOY %
y
OFS[RiBCP'ORAWIIPNL(SSl11AN100%OP IMfOMTANOAOORC55NO.
81 IILM gWy NVRI:ISSWP¢D BASE ONBIDUIRREGNUMpCRSUtlBQDGNyJAMOUM
A corn FL lLC COMn0.ly I'L'L/, sUA.r(, rAl(
12DG W• StruUC kue. Dran C IOODOb108(e 6 o, (QO,'
GM6 61 4
7211 N-aven ve. Al+u Loma CA I000 13 'p s+r cturr S 4, 350.-
pI Poinr Lanel SurVey nq L3$133
Iqio Uran e 7 e n. R dlands/k I000003loD
a 2 0 5urvey n y I y 00.
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE: Th/e byid-d er shall ox A or B as appiicable. If the bidder does not check either box,it will be deemed that he has checked Box B.
Signature ofOte Bidder'1Othy wbern
P-5
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance wilh Public Contract Code Section 10285.1 (Chaprer 376,Stats. 1955),the bidder hereby declares
under penalty of perjury under the laws of the State of Califomia that the bidder has ,has not been
convicted
within the preceding Nvee years of any offenses referred m in that secuon,including any charge of fraud,6ribery,
collusioq conspiracy,or any other act in violauon of any stare or Federal antiwst law in connection with thc
bidding upon,award of,or performance of,any public works convact,as defined in Public Contract Code Section
I I Ol,with any public entiry,as defined in Public Conhact Code Section I 100,including the Regents of the
University of Califomia or the Trustees of the Califomia State University. 'fhe term"bidder"is understood to
include any pacmer,member,oflicer,director,respansible managing officer,or responsible managing employee
thereof,as referred to in Section 10285.1.
Note:The bidder must place a check mark after"has"or"has noP'in one of the blank spaces provided.
The above Staiement is part of the Proposal. Signing this Roposal on the signanue pottion thereof shall also
constitute signature of this StaremenL Bidders are cautioned that making a false certificatian may subjett the
certifier to criminal prosecution.
PubGc Contract Code Section 10162 Questionnaire
In confomiance with Public Contract Code Section I OI62,the Bidder shall complete,under penalry of perjury,the
following questionnaire:
Has the bidder,any oflicer of the bidder,or any employee of the bidder who has a proprietary inrerut in the biddeq
ever been disqualified,removed,or otherwise prevented from bidding on,or completing a federal,state,or local
govemment project because ofa violation of law or a safery regulation?
Yes_ No
If the answer is yes,explain the circumstances in the following space.
tJ/A
Pubtic Contract Code 10232 Statement
In conformance with Public Contract Code Sectlon 10232,the Contracroq hereby states under penalty ofperjury,
that no more than one final unappealable finding of contempt of court by a federal court has been issued against the
Contractor within the immediarely preceding nvo year period because ofthe Contractor's failure to comply with an
order of a federal rourt which orders the Contractor to comply with an order of[he Na[ional Labor Relations Board.
Nota: The above Statemen[and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereofshall also constimre signature ofthis Statement and Questionnaire,
Bidders are cauuoned that making a false certifiwrion may subject the certifier ro criminal
prosecutioa
P-6
I
Noncollusion Affidavit
Title 23 United S[a[es Code Section 1 l2 and
Public Contract Code Section 7106)
To dte CI7Y OF ORANGE—DEPART NT OF PUBLIC WORKS
In wnformance with Title 23 Uniced Staces Code Section ll2 and Public Convact Code 7106 the bidder
deciares that the bid is not made in the incerest of, or on behalf of, any undisclosed persoq partnership,
company,azsociation,organization,or corporation;that the bid is genuine and not coliusive or sham;thatthe
bidder has not directly or indirectly induced or solicited any ottier bidder[o put in a false or sham bid, and
has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put
in a sham bid, or that anyone shall refrain from bidding;tha[the bidder has not in any manner, directly or
indirettly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead,profit, or wst element of the bid price, or of that of any other
bidder,or lo secure any advantagc against the public body awarding[he con[ract of anyone interested in[he
proposed contract that all statements contained in the bid are We; and, funher, ha[ the bidder haz mt,
directly or indirectly, submitted his or her bid price or any breakdown hereof, or tfie contenu ttiereof, or
diwiged information or data relative therero, or paid, and will not pay, any fee [o any corporatioq
partr ership, company association, organiza[ion, bid depository, or to any member or agent d ereof to
effecmate a collusive or sham bid.
Note: ihe above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the
signature portion thereofshall also constiture signature ofthis Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosewtion
P-7
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49,CODE OF FEDERAL REGULATIONS,PART?9
The bidder,under penalty of pequry,certifies that,excep[as noted below,he/she or any other person
associated therewith in the capacity of owner,partr er,direcror, officer, manager.
is no[currently under suspension,debarment,voluntary exclusion,or determination of
ineligibility by any Federal agency;
has no[been suspended, debarzed, voluntarily excluded or detertnined ineligible by any Federal
agency within the past 3 years;
does not have a proposed debazment pending;and
has not 6een indicted,convicted,or had a civil judgement rendered against it by a court of
competentjurisdiction in any matter involving fraud or official misconduct within the past
3 years.
f there are any excep[ions to this certificatioq insert the excepuons in the following space.
N/A
Exceptions will no[necessarily result in denial of award,but will be considered in determining bidder
responsibility. For any exception noted above,indicate below to whom it applies,initia[ing agency, and
da[es of action.
Notes: Providing false information may result in criminal prosecution or adminisvative sanctions.
The a6ove certifica[ion is part of the Proposal. Signing this Proposal on the sigriaNre portion
hereofshall elso constitu[e signature of this Certificafion.
P-8
I
The undersigned bidder hereby represenis as follows:
That no Councilmaq officer,agent,or employee of the Ciry of Orange,is personally interested,directiy or indirectly,in
the Convact,or the compensarion ro be paid hereunder:
That this bid is made without connection with any persoq 6rm or corporation making a bid for the same work,and is in
all respects fa'v,and without collusion or fraud.
By my signature on this pmposal I certify,undcr penalry of pequry under the laws of the Stare of Califomia,that the
foregoing questionnaire and statements ofPublic Convact Code Secdons 10162,10232 and 10255.1 are true and coRect
and that the bidder has complied with the requirements of Section 8103 of ihe Fair Employment and Housing
Commission Regulations(Chapter 5,Title 2 of the Califomia Administrauve Code).By my signanue on this proposal i
Porther certify,under penalty of perjury under the laws of the State of Califomia and the United States of America,that
theNoncollusion Affidavit required byTitle 23 United States Code,Section 112 and Public Convact Code Secfion 7106;
end the Title 49 Code ofFederal Regulations,Part 29 Debarment end Suspension Certification are we and covect.
Date: I •2'6-2.O
f.E. Roberts, Inc.
RreSid nt• Ttmorny Roberrs Slgn
Secre+ary - usrjn toberrs T'mo-rh. Rn vt5
easurer- Klvt berlee Robem
Ma'cto er- Ti lriOihy Robe Here YP ic, vl'r
Signature and Title of Bidder
If an individual,so state. Ifa firm or co-parmership,state the firm name and give the names of all individuai co-parmers
wmposing the firtn. Ifa corporation,state legal name ofcorporation,also names of President,Secretary,Treasuru and
Manager ihereo.
NAMEOFBIDDER T. E. Rnbs(t5 Y C.
aus[r ess r.o.sox N/A
CtTY,STATE,ZIP__ OYjJ
r G A 12R In l
BUSINESSSTREETADDRESS 3Db 1 I AtPllq kV VlU , Uni R
Please include even if P.O.Box is used)
CITY,SYATE,ZIP Yq1 qP, GA IZS(p—!
b w Katell hvenue, Unit B
PLACE OF BUSINESS(Include City&State) p Y Q CQ I I28b 1
I`f31 Y sdoWnc tahe
PLACE OF RESIDENCE Qnclude City&State) SCIhtU AY1A CA q7 105
TelephoneNo.(1 4) bb. DO-12 FaxNo.(114) o . 02 f1
Licensed in accordance with an Act providing for the regisvation of Contractors.
LICENSE NUMBER h o 3 0 0 8 LICENSE CLASS Fi C- 3{
DIRNUMBER IOODOODZRO DUNSNUMBER 00-b00- I23'1
P-9
CALIFORNfA PUBLIC WORKS
ondNo.lO—B
KNOW ALL 111BN BY TNE$E P ENTS,
PROPOSAL OR BID BOND P MIUM: NIL .
Thatwx,T.E. ROBERTS INC.
TRAVELERS CASUALTy AND SURETY COMPANY pg
BIDDER)av pdncipal,and
AMERICA
wMufhelm so(he5lako( OrINECTICI7T SURETY)aCorpofWionorgan'vWandezining
and eulhonzed to v¢ns¢c business in ihe g e o(Celifomia,es Surery,ere held and fifmly boundmutheCITYOFORANGE,hereinaltercalledthc061igeqinthepenalsumof TEN PERCENT OF AMOl1NT BID
paymrnt wherrof well and tru y a be mede end xe eup ofus bind ourselvu,our heirs,Deotorssadminislrabts,succusors and asei s,jointly end sererelty g y
bY^-se prarnts.7!ar he
WIIEREAS,Iheuidprincipalishertxi(hsubmittingproposel(bid)fatBldN0.190d7•proeC[D-175•Kenn meadStormD elnlln ovements,THE CONDITION OF TJ{g pppyE QgLICATfON IS SOC11,1hat iCthe eforeseid pnncipei shell be awnrdW ontraci,th s¢id tinci al will wilh(n tM1espxificdthercfor,oq ifno period ye specified,wi hfn len(10)deys efler the notic<ofsuch awarE rnter jnto a wntrac(ond give bonA or 6onQs az yp¢ified i ry 6idding
or cer.lr_c:docureen[s wi[h popd¢nd eufii_imt sureN ofedequah finenciel si c c¢tegory mting¢ueptsple lo the obliga Cor Ihe faithfW
i '
for tFe promp pyyment of labor end materiel fumishW in Ihe proseeution ihertrof;Ihen Ihis oblipayuntotheobligatheditPerenceinmaneybobyttIheemountoCNebidofIhesa(d rin i
0m'0e otthe eontracl end '
gation shell be null end vaiq oNe`wise Ne principal end he surery pParytaperfannthewrkiflhelatteramowthinexcessafthefomier,in no event shall the/ieti ry herzunder ex c tl'Ihe perial sum M1umlf lly wnUact with anolher SIGNEDA,YpSEALEDih's 13_dayof JANQA]t]'A ?O
T.E. ROBERTS INC.
TRAVELERS CAS TY APD gU[LE 2.{ppNy g p q;RICAONTRACTOR
BY:NA OFSU T
CRETA Y k9tl R U9{IY{ p(y.(
BY:
C}IARLES L FAFLAggBY:
PRESIDENTMCEPRESIDE nm LpbG 15
STATEOFCALfFORNfA Onihu dayof in he year]0 before m4 fhe imdersiq,y.aCOUNTYpF
Na[aryPublicinandPorNesaidSta(e, ttsonall ePYPP d
persanally known to me(or proved Io me on Ihe 6asis ofu{isfectory eddence)b 6e the person(s)who exmmed
the wi hin inswment on hehelfoffhe
Ihertin named.ana
acknowlWgcdmethatsuch
executed We same.
W11T1FSS my hand and o@cial seal.
STATE OF CALIFORNiq On lhis No ery p blic in enE For he said Slau.I
dayof inthe ear2p IYbeCareme,Ne wdersigned.eCOUN71'OF
Norery Public in end Por the mid Slete, rspnall ePYDP 7
perwnally knmm to me(or proved Io me on(he baiis o(satisfacmry mdence)to 6e the person(s)xAo ezzecmpd
1he within inshument on behalf oflhe
Iherein named.¢d
a<knowiedgW me thaz such
exautM the same.
WfI'I'1ESS my hand and olticial seal.
Notary Publie in end for(he seid$um. .i
P-]0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer compfeting this certificate verifies only the identlty of the individual who signed thedocumenttowhichthiscertificateisattached, and not lhe Uuthfulness,accuracy,or validity o(that doaiment.
STATE OF CALIFORNIq
Countyof Orange
On 1/13/2020 beforeme, LexieShenvoodDate
InsMNameolNa eze NotaryPublic,
Gfy es 0 app¢ars on IAe oRdel seal
personallyappeared Charles L. Flake
Name(s)N Signrl(s)
who proved to me on the basts of satisfactory evidence tobetheperson(s) whose name(s) is/are subscribed to thewithininslrumentandacknowledgedtomethathe/sheltheyexecutedthesameInhis/her/the(r authorized ca aciLEXIESHERWOODandthatbyhis/hedtheir stgnature(s)on the insWinent theconuvt,p2zo3ze 3 person(s), or the entity upon behalf of wh(ch the person(s)r+ornnrrueue.cnuronx aded,executed the instrument.owwce couNrrCommEcp,yp p I certify under PENAI.iY OF PERJURY under Ihe laws oftheStateofCalifomiathattheforegoingparagrephisWeandcorrect.
Witness my hand and official seel.
PlaceNotarySealAbova Signature O,cSlgt !1 1 yPoEI @1.B u 81W
oPriorva
Though the information below is not required bylaw it mayprove valua6le fo persons refying on fhe documentandcouldpreventfraudulentremovalandreattachmenfoffhe /orm to another document.
Description oFAttached Document
TiUe or Type of Document:
Document Date:
iNumberofPages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Slgner(s)
Signer's Name:
Signer's Name:Individual
Individual iCorporafeOKcer—Title(s):
Corporate Officer —TiUe(S):Partner Limiled General partnerAttorneyinFact Limited General
Trustee Attomey in Fact
TrusteeGuardianorConservator
Topofihumbhere GuardianorConservatorOther:
Other.
Topoflhumbhere
Signer is Representing: Signer is Representing:
Travelers Casualty and Surety Company of,America7RAVELERSJ rravelers casuaity and surety company
St. Paul Fire and Marine Insurance Company
KNOW qLL MEN BY THESE PRESENTS:That Travelers Ca ualty entl S ery Company o(qmeriw,T2velers Casualty antl Surety Company,antl St.Paul Fire antl Manne Insurance Company are wrporauons tluiy organizetl under the lavrs of the Stale of Connediwt (herein colieaivey wuetl,lheCompanies',antl Ihat the Companles do here6y make,constitute antl appoint CHARLES L FLAKECall(ornla heif Vue antl laW(ul A lome - ofAnahalm
conditional untlertakings and olher wntings obfgatory in tYhen nafure thereof an behalf of ihe Companles in ihetrdbustness so(guarenee ng fhefitlelityofper5ons, guaranteeing the pedormance of contracls antl executlng or guaranteeing bontls an0 untletlakings requiretl or pertni ted in anyadionsorproceedingsallowetlGylaw.
IN WI7NESS WHEREOF,the Campa ies have causeA Nis instrument to 6e signed,antl theirwrparate seals lo be hereto affaed,this 3rd day otFe6ruary,017.
Y• o`;,
B 3 • % ¢OQl,O ;•Y %r+
state ot Conneclicul
Cily of Hartlord ss. By:
On this Ihe 3rd tlay of February,2017,before me
Ra6eh L.Raney.5e or Vce Presitlent
Trevelers Casualty end Surety Company of Ameri ee Treveie s Cssualty and Surety C m0yaantl SlePaul Fire anitl'Marnel surence Comreeitlent o1 ihat he,as such,being authorizetl so to tlo,executed the foregofng Mstrument for the purposes iherein contained by slgning on hehalt of Ihe coryorafions ,by himsel(as a duly authonzed oKcer.P Y.and
In Witness Whereo(,I hereunto set my hantl antl oKcial seel.
My Commisslon expires the 70ih tlay of June,Y021
aTn
3' ;w`F mwu,a.. e 3,zu.au
Mane C.TetreauiL Notary Public
This Povrer of Attomey is granfed under entl by the authoriry o!the following resaWtions atlopfetl by ihe BoaNs af Directors o Trevelers Casualty andSuretyCompanyofAmenca,7ravelers Casualty antl Surely Company,antl St.Paul Flre antl Marine Insurance Company,which resolutions ere now Infull/orce antl eHect,reatlirg as ollovrs;
RESOLVED,t af he Chairtnan,the presitlent,any Vice Chairman,any Executive Yce P251dent.any Senlor Uce Presitlent,any Vice pres tlenl, eny Secontl Vlce Presitlent, the Treasurer,any Assistant Treasurer,lhe Coryorate Secretary or any Avsistant Secrafary may eppoint Allomeys-in-Fact antllheeCompany's name a tleseal Ae ha Companys sea9bontls rewgn ie ces wntacl of indemnity and othter writlngsroblgatory in ihe nature o!aOand,recognizance,or contlitional undedaking,antl eny of said officers or Ihe Board of Oirectors al arry time may remove arry suchvapDointee end revktehepowergivenhimorher;and it is
FUR7HER RESOLVED,that I e Chairman, Ihe Presldenq any Vice Chairtnan,arry F ceative Uce Presidenl, any Senior Vice Presitlenl or any VcePresidenlmaytlelegalealloranypartofIheforegoingaulhotlryloonearmaeoRcersoremDaYeesofIhisCompany,provided lhat each such tlelegationisinvrti(ing and a copy Ihereof is filetl in the ofFce of the Secretary;antl It Is
FURTHER RESOLVEq hat any band,rewgnizance,contract of fndemnity,o wtlting obligalory in the netum of e band,recogn zence,or coMitional iuntlertakingshallbavalidandbindinguponIheCompanywben(a)sgnetl 6y the PresiOent,any Vice Chalrtnan,eny Execulive Vce President,anySentor
Secretarylantl duty allesletl antlssealetl vnih Ihe Co panys seal by ahSecr etary or Asslsant Secrt y,or(b)duy euecutteBE(u de aseal i(requlre0)byoneormoreAtlomeys-in-Fact antl Agenis pursuant to ihe power prescribetl in his or har cetlifcate or their cenilicates of authority or by one or mareCompanyoKcerspursuanttoawiittendeleqaionofaulhonty,an0 i1 is IFURTHERRESOLyEO,hat he signature of each of he followirig aKcers:Presitlent,any Ezecutive Yca Presitlent,any Senior Vlce Presitlent,arry VcePresitlent,any qsslstant Vice PresiEent,any Secretary,any Assistant Secretary,antl Ihe seal of ihe Company may be effueeU by facsimile to any PowerofA(omeyortoanyceNficaterela Ingtheretoappoln ingResitlenlUcePrp,y dents,Re5ldentAssiStaniSecreladeSo Attome sdn-ol executing antl attesting bonds and undehakings antl ofhermilings o6ligatory In Ihe nalure thereo[arid any such Power of Attomey ar cert fcale DearingsgatureanldfacsimilesealfshalllnCevaldandlbindingonIheCompanyinIhefuturewillhrespec(to arry bond o understand ng to whh M1Yis atl edmlle I
I, Kevin E. Hughes, Ihe untlerslgned, Assislant Secrelary o(Trevelers Cesuatiy aM Surety Company ot America, Travelers Casually and SuretyCompany,and SL Paul Fire aM Manne Insurance Company,tlo hereby cerlify that Ihe aGove antl foregoing is a We antl correct copy oF the Power o1AtlomeyezecutedbysaidCompanies,which remains In(ull force and eBecL
Dated Ihis 13th day Of Januery pio
wW..ne yNF
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a e :Or .:° d,p f
Kemn.Ma9hes.ASs iStan(Secrefary
P/ease re/er M the above-namedAttomey-In factan0 Cetui/r/ofthe b/ond m whlch p y¢/saitache0.
CAI.IFORNIA q L-PUpPOSE ACKNOW,eDOMENT
CML CODE§ 7189
A notary public or o}her officer completing thls certfficate verifies onldocumenttowhlchthiscertificateisattacheydnaeNrthfulnY e Identity of the individual who signed theacuracy,orvalidity of that documern.State of Calffomia
County of D
On_ 1 — 1 . J )
Dat—`bafore me,
personaliy appeared T I p-
Nere/nsert Name and rtle o/the Olh r
b!
Name(sJ of Signer(sJ
5
S
Proved to me on the basis of satis{a o, evidence to be thesubscribedtothewithininstrumentandacknowledgedtomethathe/shekhey executgd the sert e ihfs/hedtheirauthorizedca ao
Y
Person(s) whose name(s) (S/yortheent' P Yfes),and that b hisiherRheir s(gnature(s)on the instrument the person(s),ity upon behalf of which the person(s)acted, executed tF e i y m t.
I certify under PENqL7y OF PERJURY Under the lawsoftheStateofCaffoml8thattheforegofngpyraphsVueandcorrect,
RIM E.NEWETT W E my hand and offctal seal,
COMM. p2228431 z
rc Notary Public•Calilornla A
Orange County ° S 9natu e
h Comm.Ez ' s Feb.7.20?2 P
I a 1 /
S 9 a4ire of Notary Publi6
P/ace Notary ge/,qyo e
Though this section is opponal, camp eBn If2udu/ent reatfachment of th/s lo On
dete alteration of the tlocument orDescriptlonofAhpo an unlntended documenLTitieorTment
Ype of Document:Number of pa9ps,Document Data:Signer(s) Other Than Narried Above: Capaciyr(es) Cleimed by Slgner(s)Signer's Name;
Carporate Office— T le(s): Partner— S 9ner's Name: i
Individual mfted enera Corporate O cer— Title(s);
Trustee AttOme in Fact P ef — LimitedGuardianorConservatorndiv(dual Genera
Other.TN Attomey fn FaSignerIspeppenting; Other. Guardian or Conservator
3lgnerls Representing:
02014 National Notary qssoc(ation • n^nv.NationalNotary,p. -g00-US NOT Y(i-800.876-6g2 m 5807
i
ATTACHII NT NO. 1
CITY OF ORANGE STANDARD SPECIAL PROVISIONS
Behind this sheet]
SPECIAL PROVISIONS
To
CITY OF ORANGE STANDARD SPECIFICATIONS
INTRODUCTION
All the improvemen[s within the public rights-of-way and easements within the City of Orange shall conform to the
s[andard plans presented herein. The user shal(keep fully informed of any latest revisions to the standard plans by
contacting the office of the City Engineer,Public Works Deparhnent, City of Orange. The standard plans shall be
used along with the provisions of the latest edition of the Standard Soecifications for Public Works Conshuction
Green Book"), and all amendments thereto, adop[ed by [he Joint Cooperafive Committee of Southem Califomia
Chapter, American Public Works Association and Southem Califomia District, Associated General Conhactors of
Califomia; hereinafter referzed to as the "Standard Specifications". Section 234.020 of the Orange Municipal Code
establishes the legislative authority of these Standard Plans and Specifications.
PUBLIC WORKS CONTRACTS
The following additions, as revised, to the provisions of the "Standard Specifica[ions" shall be used for all Public
Works conhacts awarded by the Ciry of Orange. [fthere is a conflict behveen the"Standard Specifications"and these
provisions,these provisions shall have precedence. The numbering of sections for the pucpose of these provisions
refeis to coaesponding numbering of sections ofthe"Standard Specifications".
Ifthese provisions specify the use of"Standazd Specifications and Standard Plans forthe Construction ofLocal Streets
and Roads, of the State of California,Department of Transportation," herein referred to as"Caltrans", for a certain
portion of the work,the latest edition of[he publication shall be used.
The City of Orange has adopted a Local Implementation Plan(LIP)as paR of a compliance program to the CaliFomia
Regional Water Quality Control Board.All improvemen4 shall comply with the latest LIP in the prosecution of the
work.The LIP is available and on file at the Public Works Department.
PRECEDENCE OF CONTRAGT DOCUMENTS:
1) Bidder's Proposal
2) Contract Agreement
3) Special Provisions (Section SP)
4) City of Onnge Standard Plans aod Specifications(Orange Book)
5) Standard Specifica[ions for Public Norks Constructian(Green Baok)
Constructiou Plans
7) All Other pocuments
SP-1
ADDITIONS TO THE STANDARD SPECIFICATIONS
PART 1
GENERAL PROVISIONS
SECTION I - GENERAL TERMS, DEFIlYITIONS, ABBREVIATIONS, UNIT OF
MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS
a) AGENCY: The City of Orange,Califomia,also hereinafter called"City".
b) BOARD: The City Council of the City of Orange,Califomia.
c) CONTRACT DOCUMENTS: Documents including, but not limited to,the proposal, Standard Specifications,
Standard Plans, additions to the Standard Specifications, Special Provisions, plans, bonds, insurance, contract
agreement and all addenda setting forth any modifications of the documents.
d) DATE OF CONTRACT: The date of notification from the Ciry Attomey's office informing the Contractor that
the contract is approved and fully executed by[he City and the Contracmr.
e) ENGINEER OR CITY ENGINEER: The City Engineer of the City of Orange or his duly authorized
representative(s).
BIDDER: Any individual,co-partnership,association or corporation submitting a proposal for the wwk
contemplated acting directly or through a duly authorized representative.
g) LEGAL ADDRESS OF CONTRACTOR: The legal address of the Contractor shall be the address given on the
Conhactor's bid and is hereby designated as the place to which all notices, letters or other communications to the
Conhactor shall be mailed or delivered.
h) LABORATORY: An established]aboratory approved and authorized by the Engineer for[esting materials and
work involved in the conhact.
i) STATE CONTRACT ACT:Division l,Division 2,Par[ 1,3 of the Public Contract Code. The provisions of this
act and other applicable laws form and constitute a part of the provisions of this contract to the same eutent as if set
forth herein in full.
1-3 ABBREVIATIONS
OCPW: Orange County Public Works (formerly Orange County Resources and Development Management
DepaRment)
1-6 BIDDING AND SUBMISSION OF THE BID
1-611 Qualifications of Bidders
Any bidder who can prove to be a"Responsible Bidder"based on,but not limited to,the following requirements may
submit a bid for consideration. The City Engineer may waive any or al(of the following criteria in the best interests
of the City.
SP-2
1) A valid license in appropriate classification wi[h which he can perform the specified work.
2) Record of satisfactory past performance of work with various agencies and industry.
3) Record of satisfacrory compliance with al! State, Federal and local laws regarding, but not limited to, fair
employment practice,safety regulations,prevailing wage regulations,]abor code,and subcontracts.
4) Ability to comply with delivery schedules of materials,eq ipment and labor.
5) Adequate.financial resourees to complete the work.
6) Ability to secure bid bonds,contract bonds and insurances from companies having adequate rating.
7) Minimum Fve years of experience in completing contracts of nature,type and size similar to that for which
he is submitting bids and such experience has been acquired not more than seven years prior to submitting a
bid.
1-6.1.3 PROCEDURE FOR PROPOSAL SUBMITTAL
Proposal shall be made and submitted on proposal forms provided by[he CiTy in accordance with the notice inviting
bids. Sealed proposals shall bear the[itle of the work and no other distinguishing marks. Any bid received after the
scheduled closing time for the receipt of bids shall be reNmed to the bidder unopened. I[shall be the sole responsibiliTy
of the bidder ro see that his bid is received in proper time.
Each bid shall be made on blank proposal forms provided by the City of Orange and shall be accompanied with a
certified or cashier's check or a bid bond for not less than l0% of the amount of bid, made payable to the City of
Orange. No proposal shall be considered unless this requirement is met.
Each bidder must be licensed and also pre-qualified as required in Section I-6.11 of these Speci£cations.
No person,firtn or corporation shall be allowed to make,file or be interested in more than one bid for the same work,
unless alternate bids are called foc A person, firm or corporation who has submitted a sub-proposal to a bidder,or
who has quoted prices on materials to a biddeq is not thereby disqualified from submitting a sub-proposal or quoting
prices ro the other bidders. If,on the opening of bids,more than one bid appears in which the same person,firm,or
corporation is interested as a principal,al]such bids shall be rejected.
Proposals with intervlineations,alterations or erasures shall be initialed by the bidder's authorized agent. Alternative
proposals, special conditions or other limitations of provisions affecting the bids, except as such called for by the
wntract documents,will render the bid informal and may cause i[s rejection. All proposals must give the unit prices
bid for the various items of work both in writing and figures and must be signed by the bidder,who shall give his
address. Each bid item shall be bid as it appears on the proposals and shall not be altered or]umped together with
other bid items. Each bid shalf have thereon the affidavi[ of the bidder that such bid is genuine and not sham or
collusive or made in the interest or on behalf of any other person not therein named and that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a sham bid, or any persoq firm or corpora[ion to refrain
from bidding and that the bidder 6as no[in any manner sought by collusion to secure himself an advantage over any
other bidder.
The Conhactor shall be registered with Department of Industrial Relations(DIR), State of California per Labor Code
Section 1771(a)a[[he time of bid. This project is subject to compliance moniroring and enforcement by DIR.
1-6.1.4 Request for Interpretation
If any person contemplating submitting a bid is in doubt as ro the true meaning of any part of the plans,specifications
or other proposed contract documen[s,or finds discrepancies iq or omissions from,the drawing or specifications,or
discovers substantial difference between the approximate quantities shown on the bid proposal and his quanti[y
estimate from the plans for any of[he major bid items in the proposal,he shall reques[the Engineer,in writing,for an
interpretation or correction[hereof. The person submitting such a request shall be responsible for its prompt delivery,
SP-3
no later than seven(7)calendar days prior to bid opening date. The meaning of substantial difference and the major
bid items, for this purpose, shall be in accordance with Section 1-2 and Section 3-22.1 of the Standard Plans and
Specifications. All such interpretations of the contract dowments will be made only by Addenda duly issued and a
copy of each such Addendum will be mailed or delivered to each person receiving a set of contract documents at his
last address of record. The City will not be responsible for any other explanations or interpretations of the contract
dowmen[s.
1-6.1.5 Return of Bid Security
Any bidder may withdraw his bid, either personally or by [elegraphic or written request, at any time prior to the
scheduled closing time for the receipt ofbids. It is[he sole responsibility of the bidder ro see that any such telegraphic
or written request is delivered to the Director of General Services prior to said closing time.
The bid security of the unsuccessful bidders will be retained until the contract is awarded to the lowest, responsible
successful bidder.
The bid security of the successful bidder of accepted bid will be held by the City until the contract has been entered
into and the bonds accompanying the same are approved and filed.
If a bidder fails or refuses to enter into a contract to do work,[he bid security shall be fodeited to ffie City and shall
be paid into the General Fund of the Ciry.
Bid securities consisting of cashier's checks will be refunded to the respecHve bidders when no longer required by[he
City. All other bid securities no longer required by the City,will be considered void. These witl be retumed to their
respective bidders only if requested with self-addressed stamped envelope and su cient postage.
1-61.6 Bid Protest Procedure
1. Any bid protest must be submitted in writing to Pu6lic Works Director,300 E. Chapman Avenue,
Orange, CA 92866 before 5 p.m.of the lOth CiTy business day following bid opening.
a) The initial protes[document shall contain a complete statement of the basis for the protest with
accompanying documentation in support thereof.
b) The protest shall refer to[he specific poRion of the document which forms the basis for the protest.
c) The protest shall include the name,address and telephone number of the person representing the
pmtesting party.
d) The party filing the protest shall concurrently transmit a copy of the initial protest document and any
attached dowmentation[o all other parties with a direct financial interest vhich may be adversely affected
by the outcome of the protest Such parties shall include all other bidders or proposers who appear to have
a reasonable prospect of receiving an award depending upon the outcome of the protest.
e) The Public Works DirectorlCity Engineer will issue a decision on the protest. If the Public Works
DirecrodCiry Engineer determices[hat a protest is frivolous,the party originating the protest may be
determined to be irresponsible and that party may be determined to be ineligible for future contrac[awards
by the City of Orange.
The procedure and time limits set forth in[his paragraph are mandatory and are the bidders sole and
exclusive remedy in the event of bid protest and failure[o comply with these procedures shall constiW[e a
waiver of any righ[to further pursue the bid protest,including filing of a claim against the City under the
California Govemment Code or legaf proceedings.
I-6.2 Subcontractor Listing
Add the jo!!o}ving pm•agraph ta end ojlhis seclion:
SP-4
The Engineer,as duty authorized officer,may consent to subconVactorsubstitution requested by the Contractor subject
to the limitations and notices prescribed in Section 4107 of the Public Code. Prior ro commencement of work,[he
Contractor shall submit to the Engineer a list showing names, addresses,telephone numbers, City business license
numbers and the work to be done by subconVactors.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1.1 Award of Contract
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all
requirements of the nofice inviting bids and Section 1-7.12 and 1-213 of these Specifications. The City,however,
reserves the right to reject any or all bids,and to waive any inFormality in the bids received. The Award of Contrect,
if made,shall be made within sixty(60)days after the opening of the bids.
1-71.2 Exewtion of Contract
The contrac[shall be signed by the successful bidder and retumed to the City, together with the conhact bonds as
specified in Section 2.4 of the Standard Specifications and as amended below and any changes or additions made
thereto in these speci£cations within fifteen(IS)days after the da[e of written notice of award of contract. The form
of the wntract agreement[o be executed by the Contractor will be mailed by the City Attomey's office along with[he
written notice of award of con[ract. No proposal shall be wnsidered binding upon tl e City until the execution of the
contract by the City. In case of conflict, the contract agreemen[ shall have precedence over alI o[her written
specifications.
1-7.2 Contract Bonds
Sureties providing performance or labor&materials bonds for Contracmrs to the Ciry of Orange must be licensed or
agree to employ a licensed Contractor,with a Class A or other applicable specialty contractor's license from the State
of Califomia,in the event the Contractor to whom svch surety is provided fails to perform the work under the con[ract.
Whenever any surety or sureties on any such bond,or on any bonds required by law for the protection of the claims
of laborers and material men,become insufficient,or the City Attorney has cause to believe[hat such surety or sureties
have become insufficient, a demand in writing may be made of the Contractor for such further bond or additional
surety,no[exceeding that originally required,as is considered necessary considering the extent ofthe work remaining
to be done. Thereafter, no payment shall be made upon such contract to the Conhactor or any assignee of[he
Contractor until such fi rther bond or bonds or addi[ional surety has been furnished.
Except as set forth in this Section 2.4,the Ciry of Orange will not accept any performance or any labor and materials
bond for any contracts unless the bond complies wi[h each and every one of the following criteria:
a) It is issued by a surety qualified as an acceptable surety on federal bonds as evidenced by an unrevoked
i clusion in the curzent Mnual List of Companies Holding Cer[ificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies,published by the Uni[ed States Department of
the Treasury,Fiscal Service,or an official successor publication(the"Treuure List");and
6) The bond is in an amount within the underwriting limitation of the surery set forth in the Treasury List;and
c) The surety is fegally quali£ed to wnduct business as a surety in the State of Califomia;and
d) The sureTy meets or exceeds the following standazds established by A.M.Best Company as set forth in the
curzent edition of BesPs Kev Ra[ine Guide.Prooerlv-Casualtv:
SP-5
Amount of Conhact
0 to $ 2Q000 A Class II
2Q000 to $ 4Q000 A Class III
4Q000 to $ 1OQ000 A Class N
100,000 to $ 200,000 A Class V
200,000 to $ 500,000 A Class VI
500,000 to $ 1,000,000 A Class VU
1,000,000 to $ 2,000,000 A Class VIII
2,000,000 and up
A class assuring that the contract price does not exceed 2 percent of the minimum Adjusted Policyholders'Surplus
necessary to qualify for that class.
The BESTS KEY RATING GiJIDE may be examined in the City Attomey's office or can be purohased from A.M.
Best Company,Ambest Road,Oldwick,NJ OSS58,(201)439-2200.
In the event the rotal amount of bonds issued by the sureTy for the contract exceeds the underwriting limitation set
forth in the Treasury List, or the surety does not meet the minimum Financial Size Ca[egory rating se[forth above,
then the surety shall prove reinsurance in excess of such total amount of bonds by one or more reinsuring companies
meeting the above-referenced A.M.Best radng standards list,listed on[he Treasury List and within the Underwriting
Limitation of each reinsuring company,before a contract is executed by the City.
For mntracts with a total conhact price less than$25,OOQ the City shall have the power ro modify or waive,in whole
or in part,the foregoing criteria for acceptable bonds,in its sole discretion.
For contracts with a total contract price of$25,000 or more, but not exceeding $SOQ000, where bonds are not
reasonably obtainable which meet the provisions of subparagraphs(a)and(6)or(d)above,for reasons other than the
credi[worthiness of the Contracror, the City may, in its sole discretion, accept bonds which meet the provisions of
subparagraphs(a)and(b)bu[not(d),or bonds which meet[he provisions of(d)but not(a)and(b).
Security for public contracts in lieu of bonds meeting the criteria set fonh above will be accepted by the City only if
in the fortn of cash deposi[s in[he full face amoun[of required bonds,in[he name of the City of Orange,as owner of
the accoun[, in such financial institution as the City may direct and under written agreement in form and substance
acceptable to the City. In the event such account bears interest,any accrued in[erest shall be paid to surety at[he dme
said sewrity is releazed, or if Conhactor defaults shall be applied to pay for any work necessary to complete the
contract in the event that application of the pri cipal of said account proves insufficient.
All bonds shall be on the forms provided by the City of Orange,with all signah res notarized and with the following
notarized endorsement:
The undersigned hereby cer[ifies that the named surety issuing the bond for:
Bid No. 190-27;D-175 Kennvmead Storm Drain Imorovements
is issued by an"admitted surety",qualified ro conduct business in the State of Califomia in accordance with CCP§995-
670
Name ofSurety
Attorney in Fact
SP-6
SECTION 2 -SCOPE OF THE WORK
2-I WORKTO BE DONE
2-I.I General Description of Work:
The work to be done,in general,consists of haffic conhol,conshuction survey,removal of existing facilities,stortn
drain impmvemen[s,and sheet improvemen[5 including bu[not limited to:concrete,trenching,shoring,grading,
excavatioq RCP,backfill material,trenching compacting,guardrail,signs,and alf labor,equipment and incidentals
necessary for completion of work
2-2 PERMITS AND LICENSES
Except as otherwise specified in the Special Provisions,the Contractor shall procure all permits and business licenses,
pay all charges and fees, and give all notices necessary and incident to the due and lawful prosewtion of the work.
These permits and]icenses shall be obtained in sufficient time to prevent delays to[he work.
In the event [hat Ihe City has ob[ained permits, licenses or o[her authorizations applicable [o Ihe work from other
agencies, the Contractor shall comply with the provisions of said permits, licenses and other authori ations. Any
charges such as inspection fees, bonds, insurance tha[may incur due to the Contractor's performance in accordance
with such permits shall be considered included in the bid icems for the various items of work involved.
2-4 COOPERATION AND COLLATERAL WORK
Conhactor shall be responsible for ascertaining the nature and exten[of any simultaneous, collateral, and essential
work by others. The CiTy,its workers and conhactors and others,shall have the right to operate within or adjacent to
the work site during the performance of such work.
The City, the contractor, and each of such workers, contracton and others, shall coordinate their operations and
coopera[e to minimize interference.
The Conhac[or shall include in i[s Bids all cos[s involved as a result of coordinating its work wi[h others. The
Contractorwill not be entiNed ro additional compensation from the City fordamages resulting from such simultaneous,
collateral,and essential work. If necessary to avoid or minimize such damage or delays,[he Contractor shall redeploy
its work force[o other parts of[he work.
Should the ConVactor be delayed by the Ciry,and such delay could have not been reasonably foreseen or prevented
by the Con[ractor,[he Engineer will determine the e#ent of the delay,the effect on the project,and any extension of
time.
2-6.1 Changes in Work: Geoeral
Engineer shall be the duly authorized officer who may grant the changes prescribed in this section.
2-7 CHANGES INITiATED BY THE AGENCY
The Engineer shall have the right[o make changes in the work, plans and/or specifications and the contractor shall
perfonn the work as changed and as directed by the Engineer.
2-81 Extra Nork: General
If the Ciry and the Contractor cannot reach an agreemen[ to es[ablish an agreed tump sum price or stipulated unit
prices, [he City rese ves the righ[ to direct [he Contractor to perfortn such work using an acceptable substitute
subconhactor. The City may order ffie Contcactor to obtain bids from tluee or more subconhactors to perform such
work. Upon wcitten approvaf ofa subcontraMor selected by the Engineer,the Contracror shall enter into a subcontract
SP-7
with such subcontractor to perform such work. All the Convacro2s markups shall be in accordance with the provisions
of Section 7-43.
The extra work as defined in this section of Standard SpeciScations,and any work done beyond the lines and grades
shown on the plans, shall only be performed when ordered in writing by the Engineer. In absence of such written
ordeqanysuchworkshall6econsideredunauthorizedandwillnotbepaidfoc Worksodonemaybeorderedremoved
at the Contractor's expense.
2-10 DISPUTED VORK
My claims, potential claims based on an act or failure to act by the Engineer, any protests against the rulings and
decisions ofthe Engineer,shall be made in writing. Such claims,potential claims or protests shatl be addressed to the
Engineer and shall be submitted within ten (10) days after the happening of the event, thing, occurrence, or other
cause,giving rise ro such action by the contractor.
The written determination rendered by the Engineer on such actions by the contractor shall be considered as a final
ruling of the City of Orange. Any monetary claims against the City regarding the City's decision shall be filed with
the City Clerk of the Ciry of Orange in accordance with the provisions of chapter 3.16 of Orange Municipal Code,
Califomia Govemment Code sections 810,901,905,911,915,935 and 945.
SECTION 3-CONTROL OF THE WORK
3-4 Authority of Board and Inspection
Authority of Board and Inspection shall conform to Section 3-4 of Standazd Specifications and the following:
Orange Municipal Code Section 2.15.020 C,and 234.10 has designated Engineer as their designee for all decisions
regarding the contract.
The ConVactor shall give a[least 24 homs advance notice ofthe[ime when he or his subconhactor will start or resume
the various units of operations of the work as per the contract,or resume the said units or operations when they have
been suspended as per the conhact.
The above notice is to be given during working hours,exdusive of Sa[urdays,Sundays or holidays for the purpose of
pertnitting the Engineer[o make necessary assignments of his representa[ive or inspector on the work.
The Contractor shal I pay the inspection charges for any work done outside normal working hours at the rate established
for Special Inspection in the Master Schedule Fees and Chazges adopted by the City Council. Such fees shall be paid
per half day or portion thereof in minimum one-half day increments. No work shall be pedortned outside nortnal
working hours except under extraordinary circumstances and with prior approval of the Engineec See Section 6-3.3
for uormal working hours.
Any work perFormed in wnflict wi[h said notice, without[he presence or approval of[he inspec[oq or work covered
up withou[notice,approval or consent may be rejected or ordered ro be ancovered for examinaHon a[the Contractor's
expense, and shall be removed at [he Contrac[ors expense, if so ordered by the Engineer or his representative or
inspector on the work. Any unauthorized or defecfive work, defective material or workmanship or any unfaithful or
imperfect work that may be discovered before the final payment and final acceptance of work shall be corrected
immediately without exha charge even tliough it may have been overlooked in previous inspections and esrimates or
may have been caused due to faiWre to inspect the wwk.
All au[horized alterations affecting the requirements and information given on ihe approved plans shall be in writing.
No changes shall be made on any plan or drawing after the same has been approved by the Engineer, excep[ by
direction of the Engineer in writing. Deviations from the approved plans, as may be required by the exigencies of
constructioq will be deteanined in al]cases by the Engineer and authorized in writing.
SP-8
All instructions,rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties
unless formal protest is made in writing and as provided in the following paragraph:
Ifthe Contractor considers any work demanded of him to be outside[he requ'vements of the contract,or ifhe considers
any instruction, ruling or decision of[he inspector or Engineer to be unfair, he shall, within ten(10) days after any
such demand is made,or inshuction,ruling or decision is giveq file a written protest with the Engineer,stating clearly
and in detail his objections and reasons therefore. Except for such protests and objections as are made of record, in
the manner and within[he time above stated,[he Con[ractor shall be deemed to have waived and does hereby waive
all claims for extra work,damages and estensions of time on accowt of demands,insWctions,rulings and decisions
of the Engineec Upon receipt of any s ch protest from [he conhactoq [he Engineer shall review [he demands,
instrucfioq mling or decision objected to and shall prompdy advise the conhactor, in writing, of his final decisioq
which shall be binding on all parties. My protests against the Engineer s final decision shall be made in accordance
with section 2-10 Disputed Work.
3-5 INSPECTION
In addition to[hose processes in Section 3-5 INSPECTION the following shall apply:
All work requiring Special inspecfion shall be first inspected and approved by the City Building Inspector 24 hours
before Special Inspections. If any work is covered before the City Building Inspector inspection and approval, the
City shall require the work to be exposed and inspected.
Due to the City of Orange 9/80 flex work schedule the CiTy is closed every othec Friday.No City Building Division
inspection services are available on closed Fridays,although Special Inspection services are available when the City
Building Division inspections occur on the Thursday before the closed Friday.
The Contractor shall keep the City's ProjecUConstruc[ion Manager or designee infortned two weeks in advance of
scheduled work to assure that City Inspectocs and Special Inspectors are available.All inspection processes for those
inspecfions requiring the City of Orange Building Division approvals shall be worked ou[in detail with the City of
Orange Building O cial.
3-5.1 Proeress Reports
The Contractor shall provide the City Inspector,at the end of each working day,a daily report showing the number of
employees working on the project. The report will also include the Contractor employee's name and their
classifications and equipment used onsite. Any subconhactors working on the project will also be included in the
same report.
3-6 THE CONTRACTOR'S REPRESENTATIVE
The Conhac[or shall £le wi[h [he Engineer [he addresses and telephone numbers where he or his designated
representative may be reached during hours when the work is no[in progress,so that 24-hour,7-days a week contact
can be maintained.
Instructions and informa[ion given by[he Engineer[o[he Contractors authorized represen[a[ive or a[the address or
telephone numbers filed in accordance with this sec[ion shall be considered as having been given to[he Contractor.
3-7 CONTRACT DOCUMENTS
3-73 Plans and Specifications
The Engineer will provide the Contractor,free of charge,up ro hvelve(12)copies of plans and special provisions for
he execution of work.The conhactor shall have a bonded and insured printing company pick up the originals from
the City to make additional copies,if needed,at no additional cost to[he City.
SP-9
The Contractor shall, at his own expense, obtain copies of the"Standard Specifications", City of Orange Standard
Plans and Specifications,Standard Plans and Specifications of[he State of Califomia,and Work Area Tmffic Control
Handbook,for his general use.
If,after awazd ofthe conhact,should it appeaz tha[[he work to be done,or any matter relative thereto,is not sufficient(y
detailed or explained in the speciica[ions and plans, the Contractor shall apply to the Engineer for such further
explanations as may be necessary and shall conform to such explanation or interpretation as part of the conhact.
All scaled dimensions shall be considered approximate. Before proceeding with any work, the Conhactor shall
carefully check and verify all dimensions and quantifies and shall immediately inform the Engineer or his
representative of any discrepancies.
3-10 SURVEYING
3-10.1.1 Survey Service
Unless otherwise stated by the City Engineer or noted in the Special Provisions, the Con[ractor shall provide all
surveying services.
310.12 Private Engineers
Unless otherwise provided in the Special Provisions, lines and grades for the constmc6on shall be the responsibiliry
of the Contractor,with the following provisions:
All work under this conhact shall be built in acwrdance with the lines and grades shown on[he plans. Field survey
for establishing[hese,and forthe conhol of constructioq shall be the responsibility of[he Contractor.All such survey
work including construction staking shal(be done under the supervision of a Califomia Licensed Land Surveyor or
authorized Civil Engineec S[aking shall be done on all items ordinarify requiring grade and alignment, at intervals
normally accepted by the agencies and trade involved.
The contractor shall provide a copy of the office calculations and grade sheets to the Ciry Inspectoc The Contractor
shall be responsible for any elrors in the finished work,and shall notify the Engineeq in writing,wi[hin 24 hours,of
any discrepancies,or design erzors during[he cons[ruction staking.
Contractor shall provide construction surveying for relocation of any conflicting utilities and provide a reasonable
time window of opportuniTy to the u[ility owners ro relocate their facilities after the sucvey is provided by the
Contcactor.
3-10.4 Payment for Surveying
The payment for SURVEYING shall be included in respective items of work and shall include,but not to be limited
to Secfion 400-2, construction staking,location anNor relocation of conflicfing utilities,locating survey monuments,
setting of survey monuments and center line ties, preparing and filing centedine tie sheets and Comer Records,
Iocating Bench Marks and notifying the County Surveyor's Office of same, professional ofTce services and field
calculations, and fumishing all labor, materials, tools, equipment and incidentals for doing all work involved. No
additional compensation shall be allowed unless a separa[e bid i[em is provided.
3-12.1 Cleanup and Dust Control
Unless otherwise authorized by the Engineeq all surplus materials shall be removed from the site of the work
immediately after completion of the work causing the surplus materials. Unless the construction dictates otherv ise,
and unless otherwise approved by the Engineer,the Contrac[or shall furnish and operate a self-loading motor sweeper
with spray noules at least once each working day ro keep paved areas acceptably clean whenever construction,
including restoratioq is incomplete.
Failure of the Contractor to comply with the Engineer's dust conhol orders may result in an order to suspend work
until the condition is coaected; aRer filing notice to the Contractor, the Engineer may order[his accomplished by
others. All cos[s Ihus incurred shall be deducted from the amount to be paid to the Contractor. No additional
compensation will be allowed as a resul[of such suspension.
SP-10
No separate payment will be made for any wark pertormed, or material used,to control dust resul[ing from
the Contractor's pedormance on the work,or by public traffic,either inside or outside the right-of-way. Full
compensation for such dust control wil(be considered as included in the prices paid for the various items of
work involved.
3-12.6 Water Pollution Control
Discharge of storm water from cons[ruction sites that disturb land equa(to or geater than one(I) acre must be in
compliance with the State General Cons[ruction Activity Permit(Construc[ion Pertnit). The latest permit provisions
of the Cons[ruction Permit shall apply. The Con[ractor is required ro contact the Santa Ana Regional Water Quality
Control Board (Regional Board) for all information contained in the ConsVuction Permit. In the event project
construction ocwrs during [he transition of revised Cons[cuction Permits, [he Contractor shall incorporate the
necessary modifications specified by the revised Construction Pemiit within the Hme period specified in the new
Conshuction Permit.
Construction activiTy subject to the Construction Permit includes clearing grading,disturbance to the ground such as
stockpiling,or excavation tha[results in soil disturbances of at least one acre of total land area.Construction activity
that results in soil disturbances of less than one acre is subject to the Construction Pelmit if the cons[ruction activity
is part of a larger common plan of development that encompasses one or more acres of soil disturbance or if it is
de[ermined that dischazges from the project pose a significant[hreat to water quality.
The City will complete and file the Notice of Intent(NOI)and the Notice of Termination(NOT)for the ciry owned
projec[s.
A copy of the latest permi[ is available at
htto:/hwnvswrcb.ca.eov/water issues/oroerams/stonnwater/constructionshtml . The Contracror is hereby direc[ed
to read the Construction Permit thorough(y and comply with the requirements as specified therein.
Storm Water Pallution Prevention Plan(SWPPP)
7'he Contractor shall ensure qualified personnel are employed for the preparation and implementation of a storm water
pollution prevention plan (SWPPP) as required by the Construc[ion Pecmi[. A qualified SWPPP developer (QSD)
shall be responsible for prepazing all parts ofthe SWPPP as required by the Construction Pennit including monitoring,
sampling, pos[consVuction BMPs. Pmjec[post construc[ion BMPs can be obtained from the resident engineer for
use in comple[ing the SWPPP.
The completed SWPPP must be submitted[o the resident engineer for City review and approval no later than 3 weeks
after Notice of Award of mntract The SWPPP must be si ed by the City before construction begins.A copy of the
SWPPP must be available at the site at all times and any subsequent amendments or revisions shall be prepazed by the
QSD. Implementa[ion of[he SWPPP shall be done by a qualified SWPPP practi[ioner(QSP)who shall be onsite at
all times to implement and comply with the project SWPPP for the duration of[he project.
The QSP shall prepare the Rain Action Event form for any forecast srorm events and pedorm all required site
inspecrions before and after a storm event and during extended storm events as required by the Construcfion Permit
to identify BMF' effectiveness and implement repairs or BMI'modifications as soon as possible. This also includes
conducting any required sampling of potential pollutant discharges. All tests shall be calried out in accordance with
the requiremen[s of[he Constmc[ion Permit.
All reports requ'ved by the Construction Permit shall be prepared by the QSD or QSP as appropriate and submitted to
the state online SMART system but first reviewed by the City prior ro submittal.
Conhactor shall be responsible for any penalties assessed against the City if the penalty assessed is due to Contractor's
violation of Construction Pertni[ requirements, or Contracror's failwe to fully implement and moniror SWPPP as
required.
SP-I 1
Paymeut
Full compensation for conforming to the requirements of this section of these special provisions including furnishing
all labor, materials, fees if any, equipment, and incidentals necessary to complete the work shall be considered as
included in[he various bid i[ems of work and no additional compensation will be allowed therefore
3-12.7 Drainage Control
I[is anticipated[hat storm,surface or other waters wil]be encountered a[various times and loca6ons during the work
herein contemplated. Such waters may in[erfere with Conhac[or's operations and may cause damage to adjacent or
do m-stream private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly
controlled by the Contractor. The Contractoq by submitting a bid, assumes all of said risk and [he Contrac[or
acknowledges that its bid was prepazed accordingly.
The Contractor will be required[o control all water encountered during construction and shall use appropriate methods
of sedimen[conhol and debris barriers to prevent any contaminated water from entering the storm drain piping. These
methods shall include the ptacement of sand bags, filter fabric and fencing, berms, and other temporary barriers as
needed to comply with Ihe City's requiremen[s for construction activities. During the course of water control the
Conhactor shall conduct construction operation to protect waters from being polWted with fuels, oils, bi[umens or
other harmful materials,and shall be responsible for removing said materials in the event protecHve measures aze not
effec[ive.
The Contractor shall conduct his opera[ion in such a manner[ha[storm or o[her waters may proceed uninterrupted
along their e cisting street or drninage courses[o prevent ponding ofwater during all phases of wns[ruction. Diversion
of wa[er for short reaches to protect construction in progress will be permitted, if public or private properties in [he
opinion of the Engineer are not subject to the probability of damage.
The Con[ractor shall maintain drainage within and through[he work areas.The Contractor shall provide and maintaiq
at construction site,ample means and devices with which to block,remove,and properly dispose of all water entering
the excavatioa Temporary dams of sandbags,asphaltic concrete,or other acceptable material will be permitted when
necessary.Such dams shall be removed from the site as soon as their use is no longer necessary.
Contractor shall contact adjuent residents and businesses to mm off[he irriga[ion systems that are impacting the
construction zone.Diversion of surface water including nuisance water from the excavation site and work area shall
be the responsibility of the contractor,and no separate compensation will be allowed for the removal of surface water
from the excavation site.
3-12.8 TEMPORARY LIGHT,POWER AND NATER
The Contractor shall be required to deposit with the City Water Division for a meter service charge of$1,500.00 for
each construction meter used on a CiTy fire hydrant. The Connactor will be charged $2J5 per day rental on each
construction water meter,and the Contractor shall pay for[he water used on the project. Water usage by the Contracror
shall be charged per hundred wbic foot.
The Conhactor shall provide for his employees an adequate supply ofpotable drinking water,which shall be dispensed
through approved sanitary facili[ies.
SECTION 4 - CONTROL OF MATERIALS
4-4 TESTING
Quality Control(QC and Acceptauce Testing(A7)
SP-12
Unless otherwise provided in the Special Provisions,all the testing of materials to be fiunished by the ConVactoy testing
ofrock materials per Sec[ion 20Q cement concrete,moctar and related materials per Section 201;masonry materials per
Section 202,bituminous materials per Section 203;soils and aggregate per Section 211,testing of materials placement,
testing of manufactured materials shall be the resoonsibilitv ot the Conhactor and shall be done by and under the
supervision and direction of a licensed Califomia Registered Engineer or Geotechnical Engineer with experience in
sampling,and materials testing for and highway construc4on projects.
P.11 the testing shall be done by a Caltrans ceRified company prrqualified to pedom'all the necessary tesLs and which is
accep[able[o[he City of Orange.
Such material testing company shall determine the number oftests and frequencies ofsampling in order for the company
to certify that all the material used for the work,its placement and the final pmduct are tested m the requirements specified
as outlined in the special provisioa As a minimum,the material sampling and tesfing shall be in conformance with the
Standard Specifications for testing methods and frequency oftests.The contractor shall obtain and test wncrete cylinders
for all concrete pavement constructioa The mnhacror shall supply the test results ro the City for verificaHon of
compliance with the concrete strength requirements specified in the conhact documents.
All tests of materials fumished by the Contractor shall be made in accordance with commonly recognized standazds of
national organizations and such special methods and tes[s as are prescribed in Ihese specifications.
No materials shall be used until they have been approved by the Engineer.
The materials ro be delivered to thejob site shall be tested and continuously monitored by[he certifying company a[the
source plant each day of[he scheduled delivery. The testing company shall certify that material delivered on thejob site
is from the batch tested and approved by the company. The daily log and test results shall be available to the City
inspector at thejob site at all times.
The material testing company shall infortn the City inspector of their schedule of testing so as to allow the City Inspector
to randomly wifiess the testing.
The Contractor shall, at his expense, fumish the City,in triplicate,certified copies of all required factory and mill test
reports. My materials shipped by the Conhac[or from a factory or mill prior ro having satisfactorily passed such testing
and inspecrion by the quali8ed testing company and a representafive of the City shall not be inwryorated in the work,
mless the Engineer shall have notified ihe Contracror,in writing[ha[such testing and inspection will not be required.
At the opfion of the Engineer, the source of supply of each of the ma[erials shall be approved by the Engineer before
delivery is stazted and before such material is used in the work.
Compaction of soil, fill material, over excavation, subgrade, aggregate baze, asphalt concrete, trench backfill shall be
tested by the testing company with number of tests and frequency as specified in the standazd specifications. Copies of
all compaction tests shall be given to Ihe Engineer within 48 hours after completion of material testing. All areas not
mee6ng the compacfion requirements,shall be removed,reworked,or replaced by the contractor,until the tesfing results
in compliance wi[h[he compaction requirements.No eMra payment will be made ro the contractor of retesting of failed
ma[erial tests.
Manufactured materials delivered on thejob site shall be ceRified by the manufacturer that the material complies with
all applicable tests. All the test daha shall be furnished with such certification.
Unless otherwise specified,the cos[of test of materials and continuous plant inspection shall be considered included in
various items of work and no additional compensation shall be allowed.
SP-13
SECTION 5-LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS
The Contractor shall protect and indemnify the CiTy,the Ciry Council,the Engineer,and al]of its o cers,age ts and
servants against any claim or liabiliry arising from or based on the violation of any existing or future State,Federal or
Local ]aws, ordinances, regulations,orders or decrees,whether by himself or his employees. If any discrepancy or
inconsistency is discovered in the plans,drawings,specifications or contract for the work in relation to any such law,
ordinance,regulation,order or decree,the Contractor shall forthwith repoR the same to the Engineer in writina.
The contractor or subcontracror shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this conhact. The conhactor shall carry out applicable requiremen[s of 49 CFR Part 26 in the award
and administration of DOT-assisted contracts. Failure by the conhacror ro carry out Ihese requirements is a ma[erial
breach of[his contract,which may result in the termination of this contract or such other remedy as recipient deems
appropriate.
5-3.2 Prevailing Wage Rates
The Contractor shall comp(y with the provisions of 1770 to 178Q 1810 ro 1815, 1860 and 1861 inclusive, of the
Califomia Labor Code,the latest prevailing rate and scale of wages established per[he determination of the Director
of the Departrnent of Industrial Relations, State of Califomia, and any ]atest changes theretq on file with the
Department of Public Works of[he City of Orange,prior to the da[e on which notice inviting bids is lazt published in
a local newspaper. The Contractor shall comply with the requirement of the payment of travel and subsistence
payments to each worker on the work;he shall forfeit penalties prescribed therein for non-compliance ofthe said code.
The Contractor shall post and keep posted, for the duration of the contract,a copy of said prevailing rates at the job
site.
Contractols attention is directed to the expiration dates of the wage decisions of each cmft. Contractor's bid shall
include any increase in labor cost anticipated after these expiration dates and no additional compensation will be
allowed for such increases.
Copies of the State general prevai]ing wage rates are not sold at ihe City of Orange,but the prevailing wage rates are
available for review a[the Departnent of Public Works. Contractor can purchase the State general prevailing wage
rates from the Department of Industrial Relations,Division of Labor Statistics and Research,Prevailing Wage Unit,
455 Golden Gate Avenue, Sth Floor, Room 5184, P.O. Box 420603, San Francisco, CA 94142-0603, telephone
number(415)703-4774.
In orderto veri£y the compliance to the said code,the Contractor shall keep an accurate weekly record,for[he duration
of[he contract period,of his and his sub-contractor's payroll statements showing wages paid each employee during
each week and the employee work classifica[ion. The Conhacror shal]preserve such record for ninety(90)days after
the date or recordation of the notice of completion of the contract and upon written notification by the Engineer[hese
shall be submitted within ten(10)days to the Engineer for checking. Using State Form DH-C-347,Payroll Sta[ement
of Compliance,is an acceptable method of fulfilling[he above requirement.
Certified Payroll Reports, Statement of Compliance and Fringe Benefit Statement must be signed by President or
Owner of the Company including all submntractors. Contractor may submit a letter of authorization for authorizing
an individual such as, payroll o cer, office manager, and secretary to sign all certified payroll reports. This letter
must be submitted with the first certified payroll repor[.
CeRified Payroll Reports shall be submitted[o[he City by close of business on the 15'^day of the month for the prior
month's work.
Contracror shall indemnify, protect, defend and hold harmless the Ciry and its officers, employees, contracrors and
agents, with counsel reasonably acceptable[o City, from and against any and all loss, liability,damage, claim,cost,
SP-14
expense(including reasonable attorney fees,court and litigation costs,and fees of expert wifiesses)which results or
arises in any way from the noncompliance by Conhactor of any applicable local, state and/or federa(law,including
without limitatioq any applicable federal and/or state]abor laws(including,without limi[atioq the requirement to pay
state prevailing wages). I[is agreed by the paRies that Contractor shall beaz all risks of payment or non-payment of
state prevailing wages. The foregoing indemniTy shall survive termination of the contract and shall continue after
completion and acceptance of the work.
5-3.5 Apprentices and Fair Employment Practices
Attention is direc[ed ro the provisions in Section 1777.5 and 1777.6,Division 2,Part 4.5 and Division 3,Chapter 4 of
the Califomia Labor Code conceming fair employment practices and the employment ofapprentices by the Contractor
or any sub-contrac[or under him. The Conhactor and any sub-contractor under him shall comply wi[h the requirements
of said sections in the employmen[of apprentices,and fair employment practices.
Information relative to apprenticeship standazds, wage schedules and other requirements may be obtained from the
Director of Industrial Relations,Ex-officio the Adminishator of Apprenticeshiq San Francisco, Califomia, or from
the Division of Apprenticeship Standards or its branch o ces.
5-4 LIABILII'Y INSURANCE
Contractor shall prowre and maintain for the duration of this Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the pedormance of the work hereunder
and the results of that work by the Contracroy his agents,representatives,employees or subcontractors.
Covemge shall be at least as broad as:
I. Insurance Services Office Commercial General LiabiliTy coverage(ocwrrence Form CG 00 Ol).
2. Insurance Services Office Form Number CA 00 01 covering Au[omobile Liability,code I (any auto).
3. Workers'Compensation insurance as required by the State of Califomia and Employer's Liability Insurance.
Contractor shall maintain limits no less than:
1. GeneralLiability:2,000,000 per occurrence for bodi(y injury, personal injury and
property damage. If Commercial General Liability
insurance or other form with a general aggregate limi[ is
used, either the general aggregate limit shall apply
separately to this projecUlocation or the general aggregate
limit shall be twice the required occurtence limit.
2. Automobile Lia6iliTy: 1,000,000 per acciden[for bodily injury and property damage.
3. Workers'Compensation: As required by the State of Califomia.
4. Employer's LiabiliTy: I,OOQ000 per accident for bodily injury or disease.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of[he City,
either.the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its officers,
o cials and employees; or the Contractor shall provide a financial guamntee satisfactory to the City guaranteeing
payment of bsses and related investiga6ons,claim administratioq and defense expenses.
Each policy of general liability and au[omotive liability insurance shall contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, o%cials, agents and employees are to be covered as additional insureds with respect to
liability azising out of automobiles owned, ]eased, hired or botrowed by or on behalf of the Conhactor, and with
SP-15
respect to IiabiliTy arising out of work or operations performed by or on behalf of the Contractor,including materials,
parts or equipment fumished in connection wi[h such work or operations. General Liability coverage shall be provided
in the form of an Additional Insured Endorsement(Insurance Services Office,Inc.Form CG 20 10 I 1 85 or such other
form as may be acceptable ro the City)to the Contractor's insurance policy,or as a sepazate owner's policy.
2. For any claims related to this project,the Conhactor's insurance coverage shall be primary insurance as respects
the City, its officers, officials and employees. Any insurance or self-insurance maintained by the City, i[s officers,
o cials and empfoyees shall be excess of the Contractor's insurance and shall not conhibute wi[h it.
3. Each insurance policy required by this clause shall be endo=sed to sta[e t6at coverage shall not be canceled by either
party,excep[after[hirty(30)days'prior vrzitten notice has been provided to the City
The Contractor shall fumish the City with original certificates of insurance and endorsements effecting coverage
required by this clause. The endorsements should be on forms acceptable ro City. All certificates and endorsements
are to be received and approved by the City before work commences. However,failure to do so shall not operare as
a waiver of these insurance requirements. The City reserves the right to require comple[e, certified copies of al(
required insurance policies, including endorsements effecting the coverage required by these specifications at any
time.
All insurance procured and maintained by[he Conhactor shall be issued by insurers admitted to conduct the pertinent
line of insurance business in the State of Califomia and having a rating of Grade A or better and Class VII or better
by the latest edition of BesPs Key Rating Guide.
Contractor shall immediately notify the City if any required insurance lapses or is o[herwise modified and cease
perfortnance ofthis Agreement unless otherwise direc[ed by the City. In such a case,the City may prowre insurance
or self-insure the risk and charge Conhactor for such wsts and any and all damages resulting therefrom, by way of
set-off from any sums owed Conhactor.
Contractor hereby agrees to waive subrogation which any insurer of the Contractor may acquire from the Contracmr
by virtue of[he payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect
this waiver of subronation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Contractor,its employees,agents and subcontractors.
The Contractor shall require and verify that all subcontractors main[ain insurance meeting all of Ihe requirements
stated herein.
5-9 PUBLIC SAFETY
The Conhactor shall have at the worksite copies of suitab(e exVacts of the most current edition of the Califomia
Ocwpational Safety and Health Act as supeneded by Federal Occupational Safety and Health Act. The Contracror
shall comply with provisions of these a d all o[her applicable laws,ordinances and regttlations.
SECTION 6-PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
Prior to the commencemen[of construction,arrangements will be made for a meeting between the Contractor and the
Engineec The purpose ofthis meeting is to coordinate the activities of[he Contracronrithin the limi[s of[his contract,
review scheduling, discuss construction methods and clarify inspection procedures. The Conhactor shall submi[at
this meeting,for approval by the Engineer,the schedule required in the Standard Specifications showing[he number
of calendar days required to complete the project.
SP-16
The ConsVuction Schedule must be submitted to the City for review and approvaf at the Pre-Construction Meeting.
The Contractor cannot start any work until the consVuction schedule has been accepted by the City. The conshvction
schedule must be prepared using Critical Path Method (CP and shall be revised and resubmitted if the schedule
fails to retlect the actual progress.
6-1.2 Commence of the Work
The Contract Time shall commence upon [he project start da[e identified in [he No[ice to Pmceed issued to the
Contractoc The Contractor shall not begin any consWc[ion on this pmject prior ro this date, unless explicitly
authorized by the Engineer. Work on nomconstruc[ion items such as Traffic Conhol Plans, CMS signs placement,
and Public Notification may begin before the da[e identifed in the Notice to Proceed,if approved by the Engineer.
The Contractor shall be n the Work within 10 days of the date stipulated in the Notice to Proceed and shall diligently
prosecute the Conhact to comple6on within the time limit provided in the Conhact. Failure to begin work on[he prqect
within 10 days after the Notice to Proceed date may be considered as grounds for termination of the contract due to
contractor breach as described in Section 6-7,Termination of the Conhact for Default.
Work shall not commence prior to approvaf of a Saseline Construction Schedule by the Engineec The Contractor's
failure to submit an acceptable Construction Schedule prior to the project start date identified in the Notice to Pmceed
shall not entitle him to an extension oftime or additional working days.
The Contractor shall noKfy the Agency Representative of his intent to be8n work at leazt two(2)working days prior to
the start of any scheduled or rescheduled work.
6-1.4 Public Works Inspection Outline
The City of Orange requves inspection at the minimum,but not limited to,the following outline.
I. Required Inspections
A. Sewer main,lateral and structures
B. Storm drain pipe and structures
C. Curb and gutter,sidewalk,aprons,curb retums and cross gutters
D. Subgrade,rock grade and paving(in street areas)
E. Backfill of all utility Venches in the public right-of-way,easements and private streets
II. Conformance with the Approved Traffic Conhol and Traffic Safety Plan
Inspections and requirements for each of these azeas are explained below.
If any work requiring inspection is covered or concealed by additional work without first having been inspected,
the Conshuction Inspector shall require,by written notice,8iat such work be eacposed for examination.
A. Storm drain pipe and structures
1. Department of Industrial Safety Pertnit
2. CertificateofCompliance
3. Trenching operations
4. Pipe laying and bedding
5. Excavation for shuctures
6. Structure farms
7. Steel placement
8. Placingofconcrete
9. Placing of structure backfill
SP-17
10. Backfillofhenches
a. Refer to Item A-6a,b;"Sewer trench backfill"
11. Raisingofmanholes
12. Finalinspection
a. Upon completion of all street improvements as required by plans
B. Subgrade,rock grade and paving
1. Compaction
a. Subgrade:90%R.C.
b. Rockgrade:95%R.C.
2. Compliance with plan grade and depth
3. Prime and[ack
4. Headers, ifrequired
5. Placement of asphalt concre[e
6. Copies of afl aggregate base and asphalt concrete tickets
7. See Item A-7a,b; "Low pressure air tesY'
C. Backfill of all ufiliTy trenches in the public rightof-way,easements and private sheets
I. See Item A-6; "Sewer trench backfill"
6-2 PROSECUTION OF WORK
To minimize public inconvenience and possible hazard,restore street and other work areas to their original condition
as soon as practicable, and allow for cooperetive work by the City, the Contractor shall prosecute the work to
completion without break or interruption,achieving at least 50%ofthe average daily production except for conditions
defined in Section 6-4.L If as determined by the Engineer,the Contractor fails to prosecute the work to the extent
that the above purposes are not being accomplished,the Contractor shall,upon orders from the Engineer,immediately
take steps necessary to fully accomplish said purposes. All costs of prosecuting the work as described herein sha(1 be
included in the Contrector's bid. Should [he Contractor fail to take the necessary steps to fully accomplish said
purposes, after orders &om[he Engineer to do so,the Engineer may suspend the work in whole or in part, until the
ConRactor takes said steps, or may pursue altemate means of seeking compliance. In addition, the Contractor is
required to adhere to the following requiremen[s:
A. Construction of Storm Drain and Street Improvements,shall be completed in accordance with the approved plans
provided by the City to the Contractoc All work shall also be completed in accordance with[he approved traffic
control plans provided by the Contractor to the City. Phasing of all work must be approved by the Ciry engineer
prior to construction.
B. The Conhactor shall maintain access m local businesses and residences at all times.
C. Reinforced Concrete Pipe(RCP)Storm Drain Replacement:
After Ihe removal of the existing pipe, the placement of ffie new storm line alignment and profile shall join the
existing downstream RCP,as shown on the approved plans.
D. Construcfion shall be phased in a manner as to maintain one,eleven foo[haffic lane open in each direc[ion.
E. The Contracror shall not grade outside the limits illustrated on the approved plans unless a request sent by the
Contractor is approved by the Engineer in writing.
F. Stockpile Site/Staging Area:
The City is not responsible ro provide srockpile site/staging area to the Contractor. Contracror must locate a
staging area with no additional cost to[he City.
SP-IS
The Contractor must provide the City the address and contact informafion of the stockpile site. The stockpile
site must not be in the residential area and it is subjected to all the requirements of the project specifications.
6-3 TIME OF COMPLETION
Once the da[e of contract is established by the Successor Agency,the Conhactor shall strictly adhere to the time of
completion in calendar days se[forth in the proposal and any legal extensions granted therero by the Successor
Agency in accordance with the terms of the specifications. He shall keep his own record of number of calendaz days
originally specified in the proposal and the number of days remaining in the contract time.
6-3.3 WORHING DAY
Nomial working hours are from 7:00 A.M. to 4:00 P.M. for local streets and Crom 8:30 A.M. to 3:30 P.M. for
arterial streets. Working days shall be limi[ed to Monday through Friday,excluding all City observed holidays,and
no work will be permitted outside normal working hours except under extraordinary circumstances and with prior
approval of the City Engineer.
The Contracror shall not start,operate,move or work on any equipment prior to 7:00 AM
6-0.2 Extension of Time
In the event the work called for under the contract is not finished and completed in all parts and requirements wi[hin
the time specified,the City Council shall have the right to increase the number of calendar days for completion or not,
as may seem best to serve the interest of[he CiTy.
Except for the delays beyond Contractor's control as described in Sections 6-4.1 and 402-5, the City shall have the
right to charge the Contractor,his heirs,assigns or sure[ies and to deduct from Ihe final payment for the work,all or
any part, as it may deem proper, of the actual cos[of engineering, inspectioq superintendence and other overhead
expenses which are directly chargeable to the Contractor and which accrued during the period of such e ctensions
except that the cost of the final services and preparation of the final es[imates shall no[be included in such charges.
In addition to the above chazges, Conhactor shall pay to the Successor Agency liquidated damages as specified in
Section 6-9 for such delays.
No eMension of time for the completion of[he work called for under the contract shall be allowed unless at least
hventy(20)days prior to the time fixed for the completion thereof,or the time fixed by the Successor Agency Board
of Directors or its designee for such completion as extended, Contractor shall have filed application for extension
thereof,in writing,with the Engineer.
6A Liquidated Damages
For each consecu[ive calendaz day in escess of the time speci5ed,as adjusted in accordance with Subsection 6-6,for
the completion of the work the Conhactor shafl pay ro the Ciry,or have wi[hheld monies due it,the sum of 5500 per
day.
For each consecutive calendar day in excess of the Gme specified,as adjus[ed in accordance with Subsection 6-6,for
completion of the work and submission of aIl paperwork si cty(60) calendar days after Notice of Completion, the
Conhactor shall pay to[he City or have wi[hheld from monies due it, [he sum of$250 per day. The submission of
all paperwork includes but not limited to Certified Payroll Records, Final Report U[ilization of DBE, Final
Compaction Report, Copies of Recorded Centerline Ties with the County Surveyor's office,Record drawings (As-
built),Material DisposaURecycle Form,and Executed Final Conhact Change Order,and any necessary documents to
close-out the prqec[.
SP-19
SECTION 7 -MEASUREMENT & PAYMENT
7-21 FINAL PAY QOANTITY
When an item of work is designated as a final pay quantity in the Method of Measurement,or Basis of Payment,or
Bid Schedule as (Fj, the estima[ed bid quantity for that item of work shall be [he final pay quantity, unless the
dimensions of any portion or the quantity of that item are revised by the Engineer,or the item or any por[ion of the
item is eliminated.If the dimensions of any portion or the quantity of the item are revised, and the revision results in
an increase or decrease in[he estimated quantity of that item of work,the final pay quanfity for the item wilf be revised
in the amount represented by the changes in the dimensions or the quantity. The Conhac[Unit Price adjustment will
be per Section 7-3.5 Contract Unit Price.
If a final pay item is eliminated,the estimated quanrity for the item will be eliminated. If a portion of a final pay item
is eliminated,the final pay quantity will be revised in the amount represented by the eliminated portion of the item of
work. The estimated quantiry for each i[em of work designated as a final pay quantity in the Method of Measurement
or Basis of Payment or Bid Schedule shall be considered as approacimate only, and no guarantee is made that the
quantity which can be determined by computations, based on the details and dimensions shown on the plans, will
equal the estimated quantity. No adjustment will be made in the event that the quantity based on computatio s does
not equal the estimated quantity except under the following condi[ions:In case of discrepancy between the quantity
shovm in the Bid Schedule for a final pay item and the quantity or summa[ion of quantities for the same item shown
on the plans or in the proposal,payment will be based on the quantiTy shown in the Bid Schedule.
7-3.2 Partial and Final Payment
Partial payments, except the final payment,shall not be made for periods of less than one month. To claim a partial
payment on the amount due or the final payment itself,Ihe Conhactor shall obtain approval of ineasuremenrof quantity
of work completed from the City inspector and shall prepare an invoice showing bid items, unit bid price, quantity
completed,quantity previously paid,total quantiry as of[he date of invoice,amount claimed in the invoice, previous
payment,amount to be retained,and the contract amount unless satisfactory substitu6on as pemutted by the provisions
of this secNon are provided by the Contractor,[he amount to be retained by the City shall be 5%ofthe work completed
as of the date of the payment request. The invoice shall be submitted to the Project Manager.Payments are made by
the Finance DepaRment the following week in which they are approved.
After completion of the wntraM,the City Council shall, upon recommendation of the Engineey accept the work as
completed and authorize the final payment.
The final paymen[ shall be the entire sum found to be due the Contractor after deducting therefrom all previous
payments and all amounts to be kept and all amoun[s to be retained under the provisions of the contract. All prior
partial estimates and payments shall be subject to correc[ion in the final estimate and payment.
The final payment of the retention amount to the Contractor shall be made thirty-five(35) days from the da[e of the
recording of the Notice of Comple[ion of[he work after it is accepted by the City and shall be made on a duly certified
voucher therefore,except as State Law may permi[Conkactor to receive said final paymert prior to said thirty-five
35)day period after acceptance of work by City.
It is mutnally agreed among the parties to the contract that no certificate given or payment made under the convact,
except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this
contracY,no payment shall be consWed to be an acceptance of any defective work or improper material.
Unless a written notice of protest disageeing with the approved final payment and a notice of intenfions of additional
claims is filed wi[h the Engineerprior to acceptance of Ihe approved fmal payment,the acceptance ofthe final payment
by the Contractor shall release the City,the City Council, and the Engineer from any and all daims or liabilities on
accoun[of work performed by the Contractor under the contract or any alterations[hereof.
SP-20
The prime contractor agrees ro pay each subcontractor under this prime conVac[for satisfactory performance of
its contrac[no later than 10 days from the receipt of each payment the prime contractor receives from the City of
Orange.My delay or postponement of payment from the above referenced[ime frame may occur onty for good
cause foflowing written approval of the City of Orange. This clause applies to both DBE and non-DBE
subconVactors.
The prime conhacror agrees further to release retainage payments to each subcontractor within 30 days after the
subcontractor's work is satisfacrorily completed. My delay or postponement of payment from the above referenced
time frame may occur only for good cause following written approval of the City of Orange. This clause applies to
both DBE and non-DBE subconhactors.
7-3.21 Substitution of Securities for Retention
In lieu of the Ciry's retaining a portion of progress payments due a contractor, [he contractor may elect to deposit
qualifying securi[ies equivalent to the amount to be held. Upon such deposi[under an escrow agreement,the funds
must be released.The Califomia Public Conhact Code specifies the e cact form of escrow agreement(Contract Code
Section 2230Q Subdivision E).
7-3.3 Delivered Materials
Materials delivered, but not in place, will not be classed as work done, except as o[henvise provided in the
specifica[ions.
7.4 Mobilization
Mobilization sha(I include the costs incurred by the Contractor for providing bonds, insurance, permits and licenses
as required; initial move-in cos[s of laboq equipment tools, materials and incidentals; a(I subsequent move-in and
move-ou[costs for construction of[he different items of work required by either the Contractor's operations or due to
he coordination required by the Contractor with subconhactors,utility agency work,or unforeseen delays described
in Section 6-42 beyond the control of both the Contractor and[he City;and all the preparatory work and operations
for which no separate bid item is provided in Ihe proposal.
Payment for mobilization shall be made either atthe lump sum price bid for mobilization or at[he fixed price provided
in the proposal by the City. A payment in the amount of 80%of the mobilization item shall be included in the frst
partial payment and the remaining 20%shall be included in the final payment, except as otherwise stated in Section
9-3.2.
Payment for MOBILIZATION shall be considered to be incWded in the various items ofwork if no separate bid item
for mobilization is provided for in the proposal.
7-3.5 Con[ract Uni[Prices
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not invofve a
substanrial change in chazacter of[he work from that shown on the Plans or included in the Specificatioq then an
adjushnent in payment will be made.This adjustment will be based upon the increase or decreaze in quantiry and the
Contractor Unit Price.
In the case of such an increase or decrease in a Major Bid Item,the use of this basis for the adjustment of payment
will be limited ro that portion of the change,which toge[her with all previous changes to that item,is not in excess of
25 percent of the total cost of such item based on the original quantity and Contract Unit Price.Adjustment in excess
of 25 percent may be done by extension of Conhact Unit Prices as described above,or pursuant to Section 7-3.5.3.
A Major Bid Item is identified as a Bid Item[hat has a total cost of$50,000 minimum or 10°/a of Ihe Total Conhact
Cost whichever is greater.
SP-21
If a change is ordered in an item of work covered by a ConVact Unit Price,and such change does involve a substantial
change in character of the work from[hat shown on the Plans or included in the Specifications,an adjustment will be
made in aceordance with Section 7-3.5.3.
Should any Contract item be deleted in i[s entirety, payment will be made only for actual costs incurred prior to
notificaHon of such deletion.
7-41 Extra Work: General
If the CiTy and the Contractor cannot reach an agreement to establish an agreed lump sum price or stipulated unit
prices, the City reserves [he right to direct the Contractor to perform such work using an acceptable substitute
subconhactor. The City may order the Contractor to obtain bids from three or more subcontrac[ors to perform such
work. Upon written approval of a subcontractor selected by the Engineer,the Conhactor shall enter into a subconhact
with such subcontractor to perform such work. All the Contractors markups shall be in accordance with the provisions
of Section 7-4.3.
The eatra work as defined in this section of Standard Speci£cations,and any work done beyond the lines and grades
shown on the plans, shal] only be performed when ordered in writing by the Engineec In absence of such written
order,any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed
at[he Contracror's expense.
7-4.2 Basis[or Establishing Labor Costs
The cos[of labor shall be the actua]cost for wages of workers pedorming the estra work based on basic hourly rate
plus fringe benefits paid in accordance with the ceRified payroll statements,plus a labor surcharge of[wenty(20%)
percent. This labor surcharge shall be considered ro include employer payment of payroll tases, worker's
compensation insurance,liability insurance,social security,Medicare,Federal and State unemployment,and the State
training taxes. All other compensation to the Contractor for labor on extra work shall be considered included in the
fifteen(15%)percent markup for overhead and profits as amended in Section 7-4.3.
7-4.2.3 Taol and Equipment Rental
When the rental rate of equipment includes an operator, the work performed by such ren[ed equipment shall be
considered subcontracted work and compensation shall be made to the prime contractor pursuant to Section 7-4.3.2.
Any owned equipmen[rate shall be determined by Cal[rans Equipment Rate latest edition.
7-4.3 Markup
7-4.3.1 Work by Contractor
A combined single mark up of 15%shall be allowed for labor,material, equipment rental, bonding, and o[her i[ems
and expenditures and shall constitute for all overhead and profit.
7-4.3.2 Work by Subcontractor
When any of[he extra work is perfortned by a subcontracror,[he markup established in Section 7-4.31 shall be applied
to the subcontractor's costs as determined under Section 7-4.2. Contractor is allowed to markup 5%to the sum of the
subcontractor's costs and markup for all werhead and profit for the conhactor on work by t(e existing subwntractor.
Contractor can markup 10%to the sum of the subconhactors costs and markup for all bonding, overhead,and profit
for[he contractor on work by a new subcon[ractor.
SECTION 8-FACILITIES FOR AGENCY PERSONNEL
Provisions of this section do not apply unless otherwise provided in Special Provisions.
SP-22
PART 2
CONSTRUCTION MATERIALS
SECTION 200 -ROCK MATERIALS
The altemate rock products Type S as specified in Part 4 of Ihe Standard Specifications for asphalt conaete,Portland
Cement Concrete,and unheated base material with the latest revisions specified in OCPW Standard Plans 1804 and
1805 shall be used.
200-1.6 Stone for Riprap
200-1.6.2 Crading Requirements
Srone for riprap shall be Light class per Standard Specificarions Table 200-1.6.2.
SECTION 206-NIISCELLANEOUS METAL ITEMS
206-7 Metal Guardrail
206-71 General
Conhacror shal]furnish and install Midwest Guardrail System(Wood Post with Wood Block)per CalVans Standard
Plan RSP A77LI and approved plans.
206-8 Debris Rack Cage
206-81 Ceneral
Conhacror shall fumish and insta(I debris rack cage per approved plans.The debris rack cage shall be wnshvcted of
2"pipe or L2 X 2 X 3/16"(galvanized steel).
SECTION 207-GRAVITY PIYE
207-2 REINFORCED CONCRETE PIPE(RCP)
207-21 General
All work to be done by the Contractor under this projec[ shall consist of perfortning all operations necessary for
construction ofthe drainage system at the location as shown on[he plans shall be done under the CiTy of Orange Public
Works Department Inspecfion.
The Contrac[or shall fumish all [ransportatioq materials, equipmen[, labor supplies to complete construction of[he
drainage system together with all appurtenant work necessary or incidental to complete in a workmanlike manner,the
improvements as contemplated and as intended by the plans and these technical specifications.
Pipe D-load as shown on the plan represent minimum loading conditions. D-load supplied by the Contractor shall be
consistent with the manufacturers minimum manufactured D-load,but in no case shall the D-load be(ess than the plan
D-load.
Pipe shall be manufactured with tongue and groovejoints. All joints shall be mortared prior ro final acceptance of[he
project.
Pipes to be installed on wrves shall utilize factory manufactured bevels or a combination of straight and beveled
sections. Pipes shall not be installed with deflections exceeding the manufactures'recommendations.
SP-23
SECTION 211 -MATERIAL TESTS
211-1 COMPACTION TEST5
211-1.1 Laboratory Maximum Density
Method 2: Wherever relative Compaction is specified to be detefmined by Test Method No. Calif.216,the relative
Compaction will be determined by Test Method No. Calif.216 or 231 (A. S.T.M D2922,Method B). The area, as
stated in Test Method No.Calif.231,may be represented by one or more individual test sites.
Laboratory Maacimum Density tests shall be per Method 2 of Section 211-1.1. The correc[ion for oversize material as
stated in Test Method No.Calif.216 shall be replaced with Note 2 of A. S.T.M.D1557.
SECTION 214 - TRArFIC STRIPING, CURB AND PAVEMENT MARHINGS AND
PAVEMENT MARKF.RS
214-1 General
This section is REPLACED in its entirery with the jo[lowing lext.
Refer to the "Caltrans" Standard Specifications sections referenced herein for these additions to the "Standard
Speci£cations".
CALTRANS"STANDARD SPECIFICATIONS
The following Sections of Ihe"Caltrans"Standard Specifications,and California Manual on Uniform Traffic
Conhol Devices latest editions,shall be used for all work specified in these sections:
Section 14 Environmental Stewazdship
Section 81 Miscellaneous Traffic Control Devices
Section 82: Signs and Markers
The following additions,as revised,to Sections 81,82,and 84,of"Caltrans"Standard Plans and Specificarion latest
edi[ion shall apply:
SECT[ON 81—MISCELLANEOUS TRAFFIC CONTROL DEVICES
Section 81 and 95 of the with the following additions shal]apply:
SECTION S2—SIGNS AND MARKERS
82-3 ROADSIDE SIGNS
82-3.02B General
This sectian is modified as follows
Al]new or rebcated haffic signs shall be installed on two(2)inch square Telespar posts or equal per OCPW
Standard Plan 1417
82-9 EXISTING ROADSIDE SIGNS AND MARKERS
82-9.04 Payment
Payment for remove and relocate haffic sign shall be considered included in the bid item"METAL
GUARDRAIL"
SP-24
PART3
CONSTRUCTION METHODS
SECTION 300-EARTHWORK
300-1 CLEARING AND GRUBBING
In addition ro the items specified in the Standard Specifications and as shown on the plans,the following items shall
be considered included in dearing and grubbing:
1) Removal items shall include,but not be fimited to all sawcutting,asphalt concrete pavement with petromat if
any, RCP, VCP, landscaping, signage, curb and gutter, sidewalk, access remps, driveways, miscellaneous
concrete,etc.as necessary to complete the work and as shown on[he plans.
2) Protection items shall include,but not be limited to,exisfing adjacen[wrb and gutter,power poles,sidewalks,
walls, fences, trees and irrigation improvements, stwbs, A.C. pavement, utiliTy faciliHes, concrete, paver
crosswalk,concrete band,e[c.
3) Existing natural ground, A.C, and P.C.C. surfaces adjacent to [he construction areas shall be sawcut and
removed,re-gaded as shown on the plans and as necessary to maintain a smooth hansition be[ween existing
and proposed improvements,as directed by the Engineer.
4) Grading to match existing gound wi[hin rightof-way shall have a maacimum slope of 6:1 and all such graded
areas shall be restored to existing condition. All existing gcass areas shall be replanted in kind with grass seed
and lawn toppec All landscaped azeas that have plants trimmed to be removed and replanted,and any tree root
trimming requ'ved for improvement,shall be done ro[he satisfacfion of the Engineer.
5) Clearing and grubbing for curb&gutter and sidewalk shall include removal of all tree.roots in excess of one-
half inch diameter to minimum depth of six inches(6") below curb& gutter and sidewalk subgrade prior to
p(acing concrete. Imported backfill shall be placed and compacted to fill the voids created when roots are
removed.
6) Additional removal and replacements as the resu(t of the Contractor's conshvction operations and/or as
necessary to wnform to City of Orange construction standards shall be considered as miscellaneous clearing
and grubbing and no additional compensation shall be allowed.
7) CoordinationwithallUtilitycompanyworkrelatedrotheprojectincWdingbelowgraderemovals,adjustrnents,
etc.,shall be included in the lump sum price for clearing and grubbing.
S) Rebca[ion work to be done "by others" such as water meters, fire hydrants, gas meters, etc., which requires
certain improvements pedormed by the Conhactor prior to the rebcations shall be coordinated by the
Contrector with the respec6ve ovmers providing them with a window of time to pedorm the relocations.
9) At the completion of the work,the ConVacror shal(remove all USA markings within the project limits.
Unless a separate bid item is provided in the Proposal Schedule,no additional compensation shall be allowed for all the
above items and the payment shall be included in the con[ract bid price for the various items of work that requ've
necessary clearing and grubbing and removals
SP-25
300-1.3 REMOVAL AND DISPOSAL OF MATERIALS
300-1.3.1.1 , Materials Disposal
The City of Orange strongly encoucages the Contractor to recycle all the removed bituminous pavement and concrete
material. The disposal of unsuitable material such as concrete, reinforced wncrete, and asphalt concrete must be
disposed offsite legally and tracked by con[ractor.
The Contractor shall obtain weight tickets from the disposal site or material plant and submit all the tickets to the City
with the monthly progress payment request.
The progress payment will not be processed until evidence documenting all the bituminous and concrete materials
removed and disposed offsite are provided to the City.
300-1.3.2(a)Saw Cutting
Saw cutting of edges of bituminous pavement to be joined shall be required prio to final repair, unless directed
otherwise by the Engineer.
Limits of aIl concrete and asphalt pavement surfacing improvements shal]be sawcut to a minimum depth of four(4)
inches with a power driver saw before removing or breaking of existing improvements.
Saw cutting for curb ramp construction shall include both horiwntal and vertical sawcuts as required to complete the
work as shown on the plans and as directed by the Engineer.
300-1.3.2(b) Curb and Gutter
No section of curb and gutter to be replaced shall be less than 72 inches, measured parallel to the flow line. If
construction joints, score lines or fractures are present within 72 inches of the proposed removal area, measured
parallel to the flow]ine,removals shall be extended to the nearest score line or joint, or to the nearest score line or
joint beyond the fractured area.
Removal of improvements covered by this section shall indude sawcutting and removal of a twelve(12")inch wide
section of the adjacent bituminous pavement Replacement of said pavement shall be full depth in-kind plus 1 inch.
Contractor shall utilize mechanical equipment and hand operated equipment to compact A.C.baze paving adjacent to
concrete removals.Pavement shall be compacted in lifts not to exceed 4"and compacted to 95°/a compaction.
Sidewalk shafl be saw cut along and removed at the nearest scoring line orjoint for the full wid[h of sidewalk. No
section of driveway to be removed or replaced shall be(ess than 6 feet in wid[h.
300-1.3.2(c) Tree Roots
Clearing and gmbbing for sidewalk shall include removal of all hee roots in excess of one-half(12mm)inch diameter
to minimum depth of six(150 mm) inches below sidewalk subgrade prior to placing concrete. Prior to removal of
tree roots in excess of 3 (72 mml inches in diameter, the CitV Tree Services Coardinator will be contacted to
determine need for removal. Should the arborist determine tha[ root removal would imoair the health or
struc[ural sta6ilitv of the tree, the contractor will allow sufticient [ime Por removal of the tree bv the CiN.
Imported backfill shall be placed and compacted to fill any voids crea[ed when roots are removed.
300-1.4 Payment
No separate bid item is provided for CLEARING AIYD GRUBBING and the payment shall be considered in the bid
item for removal of specified items of work.
Payment for tree removal shall be considered as induded in[he various bid items and shall be full compensation for
all clearing and removals necessary for wnstruction of the project including disposal, stump grinding of roots,
SP-26
backfilling and compac[ion of subgrade to design grade elevation.
Payment for REMOVE EXISTING ASPHALT/CONCRETE PAVEMENT as shown on the project plans shall be
inc(uded in Ihe various unit bid prices where this work is required and shall include all Iabor tools, equipment and
materials required to complete the work. No additional compensation will there be allowed therefore.
Payment for SAWCUT as shown on[he project plans shall be included in[he vazious unit bid prices where this work
is required and shall include all labor tools, equipment and materials required to comple[e the work. No additional
compensation will there be allowed therefore.
300-2 UNCLASSIFIED EXCAVATION:
In addition to those items specified in Section 300-2.1,unclassified excavation shall include all grading,shaping,
excavation,compacting or consolidating or other work that is needed to establish roadway subgrade within Ihe
project area.
Removal of existing A.C.pavement roadway section shall be included as unclassified excavation.
300-2.2a Unstable Subgrade in Roadway Excavation
When unstable subgrade material is firs[encountered,the Contractor shall use lighhveight equipment to complete the
excavation,hauling rough and fine grading,laying offabric,and placing ofbase materiaL The Engineer shall approve
one of the following prior to continued excavation:
Altemate No. 1:
1) Over excavate subgrade 12"below recommended structural section.
2) Place geofabric and pin fabric at 6' (max) on centers from the edges inward with 8" steel, hooked pins. See
Section 300-10.1.1 for fabric placement.
3) Place 12"of'/I'aggregate base material using lightweight equipment per Section 300-]0.11.
4) Place recommended street structural section.
5) Conhactor shall minimize wheel load repe[itions by using track vehicles and steel wheeled rollers.
6) Base and sub-base material shall be compacted to 90%relative compaction.
AI[erna[e No.2:
1) Over excavate subgrade 12"below recommended struc[ural section.
2) Establish grade using lightweight equipment that will not cause rutting greater that 2"deep. Use track vehicles
or lighhveight dozers as required by the Engineer.
3) Place 3" crushed rock a minimum 6" thick and roll with steel wheeled roller. Equipment shall not be allowed
directly on the prepared grade during placemen[ of the rock. Allow rock to set up a minimum of 4 hours.
ConVactor shall be responsible for surface water diversion and the cos[for removal of saturated subgrade due to
intrusion of surface water.
4) Place'/d'aggregate base material over the rock in minimum of 6" IiRs. Equipment shall not be allowed on the
rock m[il[he subgrade is established for the street structural sec[ion. Lighhveight equipmen[shall be used for
the placement of the aggregate base material.
5) Place recommended sheet structural section.Equipment selecfion shall be as approved by the Engineer.
6) Base and sub-base material shall be compacted to 90%relative compaction.
300-2.8 Unclassified Excavation:Measurement
The measurements for the bid item for Unclassified Excavation shall include excavation within the roadway prism
and excavation within all[he cut areas as shown on the plan.
300-2.9 Unclassified Excavation Payment
Full compensation for UNCLASSIFIED EXCAVATION shall be included in the bid item " 36" REINFORCED
SP-27
CONCRETE PIPE(RCP)"and shall include al(labor tools, equipment and materials required to complete the work.
No additional compensation will there be allowed therefore.
SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIAI,S AND
PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction
In"deep lift"asphal[concrete roadway structural sections ofthickness 9 inches or greater,the top 6 inches ofsubgrade
material shall be compacted to a relative compaction of 95 percent.
301-2 UNTREATED BASE
301-21 General
County of Orange—Orange County Public Works(OCPW)Standard Plan 1504 revisions shall apply.
301-2.4 Un[reatedBase—Payment
Payment for SUBGRADE PREPARATION shall be induded in the contract unit bid price, and if not shown as a
bid item then shall be included in the applicable contract unit prices bid item where the work is required.
301-7 RIPRAP
301-7.1 General
Contractor shall use Method B for riprap placement per Caltrans Standard Specifications Section 72-2.03C: Rocks
may be placed by dumping and may be spread in layers by bulldozers or other suitable equipment.Place rocks such
that there is a minimum of voids and larger rocks are the toe course and on the outside surface of the slope protection.
301-7.2 Measurement and Payment
Payment for RIPRAP(200 LB,METHOD B)will be paid at the contract unit price per ton which shall include full
compensation for fumishing al]rip rap ma[erials required for placement in accordance with the plans and these Special
Provisions and any earth work preparation required for the placement ofthe riprap.
SECTION 302-ROADWAY SURFACING
302-5 ASPHALTCONCRETEPAVEMENT
302-5.1 General
OCPW Standard Plan 1805 revisions shall apply.
302-5.5 Distribution and Spreading
AJter[he lase paragraph,ADD the following exi:
A[ all locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, the
Conhactor shall feather the new pavement[o form a smooth transition with the existing pavemen[. The final or sudace
layer ofasphalt concrete shal(not be placed until all on-site improvements have been completed,including all grading.
The Contrac[or shall be responsible for maintaining locations of all gate valves during construction operations. The
Contractor may salvage and utilize all existing caps and sleeves but shall be requ'ved to fiimish all sleeve extensions
and replace any los[caps or sleeves.
SP-28
The self-propelled,mechanical spreading and finishing machine,when placing the surface course,shall be equipped
with an electronical(y-actuated screed adjusting mechanism which will automatical(y maintain ffie required elevations;
a side-mounted extension arm shall be used to minimize surface undulations longitudinal to the machines[ravel.
302-5.5.1 Distribution and Spreading: Leveling Course and Skin Patch
Prior to installation of final finished course or asphalt concrete ovedays on existing pavement, conhactor shall
constmct A.C.leveling course or skin patch with'/d'thick for residential and 1"for arteria]in areas as directed by the
Engineec Measurement and payment per ton for skin patch and leveling course shall be paid for under the uni[price
bid for asphal[concrete. AC Pavement for placement in leveling course areas as directed by the Engineer shall be
Type III-D-PG 64-10.Payment for skin pa[ch and leveling course shall be induded in the unit price bid for asphalt
concrete.
302-5.6 Rolling
302.5.6.1 GENERAL
Ajter!he last paragraph,ADD!he jo!lawing text
Initial or breakdown compaction shall consist of a minimum of three coverages of a layer of asphalt mixture. A pass
shall be the movement of a roller in both directions over the same path. A coverage shall be as many passes as are
necessary to cover the entire width being paved. Overlap behveen passes, during any coverege made to insure
compaction without displacement of material in accordance with good rolling practice,shall be considered to be part
of the coverage being made and not part of a subsequent coverage. Each coverage shall be completed before
subsequent coverages are started. Thre wheel rollers shall not be permitted and pneumatic rollers shall be used on
lower layers only. Each lane of the top layer,once commenced,shall be placed without in[erruption.
SECTION 304-METAL FABRICATION AND CONSTRUCTION
304-6 Metal Guardrail
304-6.1 Measurement and Payment
The payment quantity for METAL GUARDRAIL is the length measured along the face of the rail element from end
post to end post of the completed railing and includes buried post anchors.Payment shall be at the contract unit price
bid per lineal feet of METAL GUARDRAIL, and shall include removal of e sting white PVC fence,relocation of
existing signs,and al]labor materials and equipment necessary to complete[his work.
SECTION 306-OPEN TRENCH CONDUIT CONSTRUCTION
306-1 General
306-1.1 Backtill and Densification
Backfill material shall have a minimum sand equivalent of 15 when tested in accordance with ASTM D-2419. Pmject
excavation may be used as backfill only when it meets this requ'vement.
Compaction testing shall be the respousibility of[he Contrac[or.
306-1.2 Testing Pipelines
Unless otherwise required by Ihe Engineer,the Contractor shall videotape the interior of all existing and constructed
pipes after all of the following:
1) Placement and compaction of backfill and before the placemen[of permanent surfacing;
2) Successfuf completion of all testing required herein;and,
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3) Installation of all underground utilities.
Videotapes shall be provided[o[he Engineer at least two weeks prior to final paving.Providing videotapes shall not
relieve the Conhactor of the responsibiliry for correcting pipe conshuction irregularities at a later date. Should the
Conhactor not provide the videotapes,construction opera[ions shall be halted until tapes are provided.
Video quality shall be such that all joints, laterals, connections, and pipe surfaces shall be clearly visible to the
satisfaction of the Engineec Each video shall have on-screen reference, street name and stationing corresponding to
the project street name and stationing.Poor qualiTy videotapes shall be cause to halt construction progress unti]video
is provided to the satisfaction of the Engineer.
306-3 Trench Excavation
3063.1 General
ADD the following paragraphs:
Trench excavation shall include removal and disposal of asphalt pavement with petromat, cross gutters and P.C.C.
pavement with rebars (if any); crushed aggregate base; miscellaneous concrete and other surface improvements in
connection with the construction oFsewer pipe.
Excess Material-It shall be the Contrac[or's responsibility to remove and dispose of all excess material resul[ing from
the earthwork operations,including excavated material of any character that is not suitable for use in fill or backfill.
The Conhactor shall make his own arrangements for a disposal site,but in no instance shall any material be wasted
or dumped in any area unKl permission of the owner of[he property has been secured in writing, and a copy of the
permit has been fumished [o the Engineec The cost of disposal of excess or waste material shall be bome by the
Contractor.
The Conhactor shall provide and maintaiq at the cons[ruction site, ample means and devices with which to remove
and properly dispose of all water entering the excavation.
Diversion of surface water from the excavation site shall be the responsibility of the Contractoq and no separate
compensation will be allowed for the removal of surface water from the excavation site.
Dewatering for [he structure and pipelines shall commence when ground water is first encoun[ered, shall be
continuous, and shall be accomplished by well points or some other me[hod which will ensure a dry hole and
preservation of£nal lines and grade of the bottom of excavation.no concrete footings or floors shall be laid in water,
nor shall water be allowed to rise over them un[il the concrete or mor[ar has set at least eight(8)hours. Water shall
not be allowed to rise unequally against new concrete walls for a period of twenty-eight(28)days.
When[he actual eleva[ion or posi[ion of any existing pipe,conduit, or other underground appurtenances camot be
determined withou[excava[ioq the Contractor shall excavate and expose the existing improvemen[ at the location
shown on the plans and any other locations deemed necessary by the Engineec Such excavation shall be considered
as part of the excavation necessary for the work. The Engineer shall be given the opportunity to inspect the e sting
improvement when it is exposed. The Engineer shall approve any adjustments in line or grade that may be necessary
to accomplish the in[ent of the plans.
Based on the soil types encountered in the borings, the trench will not stand unsupported and a hench shield will be
needed in order[o support the sidewalls and to enter the trench safely.
The depth of subsudace facilities, such as storm drain, as shown on plans is considered approximate only. No
additional compensation will be allowed for any additional excavation.
SP-30
306-3.2 Removal otSurface Improvements
Pavement in connection with wnstruction shall be removed in accordance with Subsection 300-1.3 and reconshucted
in accordance with Section 302 or Subsection 303-5.
Existing s[ructural sec[ions to be removed as shown on the plans are approximate. The Conhacror shall replace the
pavement struc[ural section in accordanre with these Special Provisions.
All surface facilities shall be removed to neat sawcut lines.All facili[ies shall be reconstructed in accordance with the
City's standard plans.
Paymen[for removal and replacement of surface improvements as described above shall be included in the bid price
for fumishing and installation of Reinforced Concrete Pipe.
306-3A Maximum and Minimum Pipe Zone Trench Width
Banks of open cut trenches shall be kept as nearly vertical as possible and,where necessary in order to maintain[he
banks veRical,the trench shall be properly shee[ed and braced. Trenches shall not be less than[welve(12")inches or
more than twenty(20") inches wider[han[he outside diameter of the pipe to be laid thereiq measured at the tips of
the pipe, and shall be excavated true to line so that a clear space,not less than six(6")inches or more than ten(10")
inches in width is provided on each side of[he pipe in place.
In [he event sheeting is requ'ved, the width of[he trench may be increased a maximum of hvelve (12") inches to
accommodate the sheeting. Bell holes, if applicable, shall be excavated to ensure pipe barrel resting for its entire
length upon[he bottom ofthe trench on undisturbed soil,[horoughly compacted backfill,or gravel bedding.
Potentiaf trench sloughing shall be determined by[he Contractor and appropriate measures shall be used to limit the
sloughing into the hench excavation. All surface facilities shall be removed to neat sawcut lines.
Contracror shall use caufion ro protect adjacent utili[ies fmm damage or sloughing into the hench during excavation.
Contractor shall be responsible for all repairs to any utiliry damaged as a result of his cons[ruction operation.
306-3.5 Maximum Length of Open Trench
The maximum length of open trench opera[ions s6a11 be limited to 100 feet or less u directed by[he Engineec In no
case shalf such open hench leng[h be of such estent tha[it causes access interference to adjacent properties or side
streets. All open trenches shall be backfilled with compac[ed native and temporary asphalt mix at the end of
each working day. With approval by the Engineer, Steel traffic ra[ed plates may be allowed for 20 linear feet of
trench, Plates shall be recessed tlush with[he existing finished surface and secured with steel pins to prevent plate
displacement.
306-6 Bedding
306-6.1 General
The trench bottom shall be gcaded to provide a smooth,straight,firm and stable foundation at every point throughout
the length of the pipe prior to placement of bedding.If any[rench,through the neglect of the Contrector,is excavated
below the grade required bythe Plans and these Special Provisions,it shall be refilled to grade with addiHonal bedding.
The excess excavation and the additional bedding shall be at the Contractors eupense. Bedding shall be conshucted
per Ciry Standard Plan No.327,Class II,Bedding A shall be composed of either sand,'/.in or Y:in crushed rock,
No. 3 or No. 4 concrete aggregate or gravel. A %, gradation shall be used for pipe smaller than 24 inches in
diame[er.Bedding B shall be composed of sand or other granular material as specified.Concrete Backtill shall
be 420-C-2000.
It is possible that soft, spongy,or unstable material will be encountered at pipeline grade and that this material will
notsupportthepipeorotherindicatedconstructionpropedy. TheContractorshallremovesaidunsatisfactoryma[erial
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to an over-depth and width as ordered by the Engineer. Trencfi bottom line and grade shall be re-established wi[h
granular bedding material and the work shall be paid for as described under Section 3"Changes in WorK'.
Should over-excavation of sofr,spongy,or unstable trench bottom material be the resul[of the Contractor's failure[o
remove groundwater in a [imely and con[inuous manner or failure to divert surface water flow away from the
excavation site,the Contractor shalLbe required to overvexcavate and re-establish the trench bottom line and gade at
his own cost per Ihese Special Provisions.
306J PREFABRICATED GRAVITY PIPE
306J.3 Reintorced Pipe(RCP)
306-7.3.1 General
All work to be done by the Contractor under this project shall consist of performing all operations necessary for
construction of the drainage system at the bcation as shown on the plans shall be done under the City of Orange Public
Works Department Inspec[ion.
The Contractor shall fumish all transportatioq materials, equipment, labor supplies to complete construction of the
drainage system together with all appurtenant work necessary or incidental to comple[e in a workmanlike manner,the
improvements as contemplated and as intended by the plans and these technical specifications.
Pipe D-load as shown on the plan represent minimum loading conditions. D-load supplied by the Contractor shall be
consistent with the manufacmrers minimum manufactured D-load,but in no case shall the D-load be less than the plan
D-load.
Pipe shall be manufactured with tongue and growe joints. Alljoints shall be mortared prior to final acceptance ofthe
project.
Pipes to be installed on curves shall utilize factory manufactured bevels or a combination of straigh[ and beveled
sections. Pipes shall not be installed with deflections exceeding the manufactures'recommendations.
306-7.8 Gravity Pipeline Testing
306-7.8.1 General
Unless otherwise required by the Engineey the Contractor shall videotape the interior of all e cisting and constmcted
pipes after all of the following:
1) Placement and compac6on of backfill and before the placement of permanent surfacing;
2) Successful completion of all testing required herein;and,
3) Installation of all underground utilities.
Videotapes shall be provided ro the Engineer at least hvo weeks prior to final paving.Providing videotapes shall not
relieve the Contracror of the responsibility for correcting pipe consRuc[ion irregularities at a later date. Should the
Contractor not provide the video[apes,construc[ion opera[ions shall be halted until tapes are provided.
Video quality shall be such that all joints, laterals, connections, and pipe surfaces shall be clearly visible to the
satisfaction of the Engineer. Each video shall have on-screen reference, street name and stationing corzesponding to
the project street name and stationing.Poor qualiry video[apes shall be caused to halt wnstruction progress unti(video
is provided to the satisfaction of the Engineer.
306-12 Backfill
306-12.1 General
All backfil]shall be placed as specified in Subsec5on 306-123 or 306-12.4 shall be in accordance with the following:
SP-32
The remaining portion of the trench from the top of the bedding material to tfie subgrade shall be backfilled,
compac[ed, and/or consolidated by approved methods to obtain relative densiTy of ninety percent (90%). For full
depth replacement of pavement structural section the upper 6"of subgrade shall be compacted to obtain ninety-five
95%)rela[ive compaction.
Backfill material shall have a minimum sand equivalent of 15 when tes[ed in accordance with ASTM D-2419. Project
excavation may be used as backfill only when it meets this requirement.
In backf Iling under streets,there shall be no flooding of the trench within the upper forty-eight inches(48").Flooding
below this point shal]be accomplished in strict conformance with the soils imestigarion on file.
Compaction testing shall be the responsibility of the Con[ractor.
306d3 Trench Resurfacing
306-13.2 Permanent Resurfacing
Add the fo!lawing paragraph[o end of this sec[ion:
The minimum width of permanent resurfacing of open hench installations shall be(3')three feet or trench wid[h plus
I')one foot on each side of trench, whichever is greater. If any of the existing surface improvements, beyond the
minimum width of permanent resurfacing,are damaged by the Con[racror's operations, the Conhactor shall replace
he same at his own cost.
306d5 Payment
The final resurfacing materials over the sewer lines or storm drain pipe shall be incWded in this payment.
Reconstruction of P.C.C. pavement, sidewalk, driveway, curbs and gutters and haffic striping and markings made
necessary by [he underground conduit construction lrench operations, unless otherwise indicated on the plan or in
these specifications,shall be incWded in this payment and no additional paymen[will be made therefore.
Payment for FURNISH AND INSTALL 36" REINFORCED CONCRETE PIPE (RCP) PER CITY
STANDARD 327 IN PLACE shall be per the unit price bid per lineal foo[and shall include, in addition to those
irems as noted in the Standard Specifications,excavatioq removal and disposal of existing pipe,cutting and removal
of interfering subshuctures(inclnding wncrete pavement with rebars if any),bracing and shoring of[rench and u[ility
lines, bedding, backfill, placement and compaction, video inspection and tapes, air pressure test, drainage by pass,
imported backfill as may be required, removal of excess excavated material and or native material unsuitable for
backfill,removal ofexisting sewer and laterals,subgrade materia(,preparation and compaction,temporary resurfacing
and final pavement replacement,miscellaneous concrete and concrete pavement removals as described in Section 6-
2.1,and all other items as specified in these Special Provisions and Section 306-15.1 of the Standard Specifications.
Paymen[for 72" RISER AND REINFORCED CONCRETE JUNCTION BOX PER PLAN shall be lump sum
and shall include,corrugated steel pipe riser,reinforced concretejunction box,debris rack cage,excavatioq removal
and disposal of existing pipe, cutting and removal of interfering substructures (including concrete pavemen[ with
rebars if any),bracing and shoring oftrench and utifity(ines,bedding,bac ll,installarion of end cap/plug,placement
and compaction,video inspection and tapes,a'v pressure test,drainage by pass,imported backfi(I as may be required,
removal of excess excavated material and or native materia] unsuitable for backfill, removal of existing sewer and
laterals, subgrade material, preparation and compaction, temporary resurfacing and final pavement replacement,
miscellaneous concrete and wncrete pavement removals,and replacement as described in Section 6-2.1,and all other
items as specified in these Special Provisions,approved plans,and Sec[ion 306-15.1 of the Standard Specifications.
Payment for CONSTRUCT CONCRETE COLLAR PER STANDARD PLAN 322 DETAIL D shall be per the
contract bid unit price per each and shall include all labor,materials,and equipment necessary ro complete the work.
SP-33
306-16 REMODELING EXISTING OR CONSTRUCTING NEW FACILITIES
Section 306-16 is hereby added to Section 306 of the Standard Specifications as follows:
Where the Plans indicate construction involving existing storm drain and sewer facilities,the Contractor shall provide
temporary seals,enclosures,forced venfilation,or other devices as may be necessary to prevent odor nuisance during
wnstruction. Storm drains and sewers shall be open to tUe atmosphere on(y for a reasonable Hme necessary for
construction.
All existing storm and sewer facilities shall be considered potentials permit-required confined spaces in accordance
with 5-7.5 Con£ned Spaces to which workers may be exposed, include,but are not limi[ed to engulfrnent,hydrogen
sulfide gas,expbsive/flammable gases, and/or oxygen deficiency.When required,the Contractor shall implement a
permit space program in accordance with 5-7.5.
Where a manhole bottom is to be remodeled on an existing sewer,the portions to be remodeled shall be removed to a
minimum dep[h of 3 inches to permit construction of new channels and shelves. Sewage in new and remodeled
manholes shall be controlled across the manhole in such a manner that sewage does not flow over concrete channels
until they have cured for 24 hours. The controls shall prevent back up of sewer upstream from the manholes unless
otherwise approved by the Engineer.
Where required by the plans or special provisions,the conhacror shall submit working drawings for control operation
in accordance with 2-53.
Contractorshall refer to the plans and Standard Drawing in constmcting new stoan and sewer manholes or remodeling
to existing storm and sewer facilities.Forty-eight hours prior[o making any wnnections in[o existing facilities, [he
Conhacror shall notify the Engineer and the Agency under whose jurisdiction the connection is to be made so that
appropriate measures may be taken to assure proper operation of the system.
PART 4
EXISTING IMPROVEMENTS
SECTION 400-PROTECTION AND RESTORATION
400-1.1 Protection and Restoration of Existing Facilities
The Contractor shall be responsible for the protection of public and private property adjacent to [he work and shall
exercise due caution to avoid damage to such property.
Contractor shall protect all existing improvements within the right-of-way, which are not designated for removal.
Existing improvements damaged by the contractor as a result of his operations shall be repaired or replaced by[he
Contractor a[no cost to the property owcer or Successor Agency.
Sprinkler systems damaged by the Conhactor shafl be repaired to working operation within 48 hours to the satisfaction
of the Engineer. Repairs shal] be made with salvaged equipment or new irrigation risers and heads as required to
match existing irzigation improvements adjacent to work area.
Prior to backfilling area adjacent ro curb repairs,the excavation shall be compacted and graded level or at a slope not
to exceed 1(vert)to 4(horiz). Grass parkways shall be overseeded with lawn seed and topper to the satisfacfion of
the Engineer.
Conhacror shall resrore all house numbers on new curb areas. No addifional compensation will be allowed.
SP34
Contractor shall remove all debris trom existing srorm drain to the nearest manhole as shown on approved
plans.
400-2 PERMANENT SURVEY MARICERS
Prior to the start of constructioq the Contractor's licensed land surveyor or qualified Civil Engineer shall, in
conformance with California State Law AB 1414, locate all monuments (both of record and not of record), bench
marks, and centerline ties within the conshuction zone, i.e., within one hundred feet of the consWc[ion activity.
Additional ties to monumen[s shall be setwhen ties are missing(min.4 ties per monument).The Contractor's surveyor
or qualifed Civil Engineer shall prepare and submit for review to the City Engineer separate tie sheets and Corner
Record sheets (monumen[s not of rewrd shall have on(y tie sheets prepared). Tie sheets shall conform to Standard
Plan No. 402, Centedine Ties. Comer Records shall confocm to the Counry Engineers' Association of Califomia's
Guide to the Preparation of Records of Survey and Comer Records"document as provided by the County of Orange
Land Surveyor's Office and on file in Ihe City of Orange City Engineers Office.Upon review by the City Engineer,
the Land Surveyor shal(file the Comer Records with the County of Orange Land Surveyor's Office.Certified Comer
Records shall be f led with the City Engineer of the City of Orange.
After construction and prior to fmal acceptance by the City of the construction project,[he Contractor's land surveyor
or qualified Civil Engineer shall re-survey all field monuments and centerline ties withinthe construction zone,prepare
tie sheets and Corner Record sheets as indica[ed above,and file them with the City Engineer for review. After review
by the City Engineer the land surveyor shall file the Corner Records wi[h the County Land Surveyors Office,and file
certified copies of the Comer Records with the City Engineec Project retention will not be released until all records
are recorded with the County Land Surveyor Office.
All survey monuments removed or altered as a result of wnstruc[ion shall be rese[, Corner Records filed with the
County ofOratige Land Surveyor's OFfice,and approved final ComerRecords filed wi[h the CiTy Engineec Centerline
ties removed as a result of wnstruction shall be reset and tie sheets filed with the CiTy Engineer.
The land surveyor shall provide a letter of certification for all monuments having four or more existing ties which are
within 0.02 ft pWs or minus of the original City tie sheet records.When several monumen[s and ties appear on one tie
sheet and one of the ties has changed the land surveyor shall re-measure all of the ties and re-file a new tie sheet with
the City as required herein.
CounTy of Orange permanent and temporary bench marks within the cons[ruction zone shall be located by survey,and
the Contractor's Land Surveyor shall send a written notification of impending conshvction to the Counry of Orange
Land Surveyor's O ce two weeks prior to construction.
400-3 PAYMENT
The payment for PROTECTION A1VD RESTORATION OF EXISTING FACILITIES shall be included in the
contract prices bid for other items of work and no additional compensation will be allowed therefore.
The payment for PERMANENT SURVEY MARKERS shall be paid as described in See Section 3-10.4. No
additional compensation will be allowed therefore.
The payment for CLEAN OUT DEBRIS FROM EXISTING 36"RCP shal(be lump sum and shall include alI labor,
materials,and equipment necessary[o complete[he work.
SP-35
SECTION 402-UTILITIES
402-1 LOCATION
Location of utilities shown on plans shall be considered approximate only. Contractor shall carefully excavate in the
viciniTy and shall locate all utilities shown on the plaa The Contractor shall be responsible for any damage to existing
utili[ies shown on the plaq regardfess of exact location.
Locations of sewer laterals shown on the plans are from the available records of the City of Orange. All the sewer
laterals from the sewer main to the property may not be shown on the plans. However,the Contractor is required to
assume that each property will be served by a sewer lateral. The sewer laterals are not the property of the City of
Orange and these laterals from sewer main to the propecty belong to each individual property ownec The Contractor
shall wntact each proper[y owner to determine the location and depths of such laterals and shall protect these in place.
Full compensation for protecting such la[erals in place shall be considered included in the prices bid for items of work
which may affect such laterals.
Revise fifth paragraph ojthe Standard Specifications(Green Book)to read:
The Con[rac[or shall notify each owner of the subsurface installations, including the service connections, and shall
determine[he exact location and depth of subsudace installation as approximately mazked by[he respective owners,
which may affec[or be affected by the Contractor's operations. The City of Orange shall not be responsible for any
compensation to the Con[ractor for any unmazked or inconectly marked approximate bcations by the respective
owners. If no pay item is provided in the wntract for this work,full compensation for such work shall be considered
as included in the prices bid for other items of work. "Subsurface Installation"in this section means any underground
pipeline,conduit,duct,wire,or other structure,except non-pressurized sewer lines,non-pressurized storm drains,or
other non-pressurized drain pipes,opemted or maintained in or across public streets or public right-of-way.
402-2 PROTECTION
Notable utilities within the project work limits include the following:
Southem Califomia Edison(SCE)—Pole and Guy wire near the excavation limits of the project.
Southem Califomia Gas(SoCal Gas)-2"gas pipe within the excavation limits ofthe project.
Irvine Ranch Water District(IFtWD)—8"water line neaz the excavation limits of Ihe project.
The cos[for coordination with various utility companies,providing the time and work areas within project limits,
providing survey and grade control for relocations and protecting their facilities during construc[ion or relocation
shall be incWded in related items of work and no additional compensation shall be aflowed.
402-4 RELOCATION
Any underground utilities marked by[he Underground Service Alert and wnflicting with the work[o be done by the
contracror,and the utilities shown on the plans as to be relocated by others,will be relocated by the respective utility
owners at no cost ro the contractoc If such utilifies are not relocated by the utility owners prior to the contract award,
the contractor shall perform all[he necessary work in the contract and provide a time window for the utiliry owners[o
commence and complete their work. The contractor shall be entiNed to extension of[ime without any additional
compensation for the delays attributed to such relocation. The Engineer shall have the right to direct the contractor
and perform such relocation at compensation to be paid for in accordance with section 3-2.
My miscellaneous items [o be relocated by the Contractor, as indicated on the plans, shall be rebcated in a
worlananlike manner and all such work shall be done in cooperation with the utility owner, the Contractor shall be
responsible for any costs resul[ing from the Contracrors failure to do[he work at such times as are acceptable to the
owner. The Conhactor shall notify owners at least forty-eight (48) hours in advance of any work on any of their
facilities.
SP-36
All existing and conflicting items to be relocated by Contractor shal( be inspected carefully by Contractor prior to
removing and doing al( the work necessary for rebcating such items at the designated location without any
modifcations. If any modifications are required to such items due to Contractor's negligence in verifying the na[ure
of work prior to relocation, Con[ractor shall prepare plans and submi[for Engineer's approval to such modi£ca[ions
and shall make such modifications at no additional compensation.
402-6 COOPERATION
Contractor shall maintain access to schools, private propeRies and commercial areas at all times during project
operations. The Contracmr shall make all efforts to coordinate their construction on the streets.
Slurry seal shall not be applied to any streets ofany areas on days schedufed fortrash pickup,un(ess prior arrangements
have been made with refuse collecror,and approved by the Engineer.
PART 6
TEMPORARY TRAFFIC CONTROL
SECTION 600-ACCESS
600-4 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall notify the following en6ties at least forty-eight hours in advance of any sheet conshuction or
restriction to access,if applicable:
I.City of Orange Fire Department: 288-2500
2.CiTy of Orange Police Deparhnent: 744-0462
3. Ambulance Services: 521-2334
4.Orange Unified School District: 997-6101
5.Trash Collection/Street Sweeping: 637-3010
6. Post Office: 997-1255
7.City of Orange Water Deparhnent: 288-2475
The Contractor shafl also be required to post and subsequently remove temporary "Tow Away No Parking" signs
along adjacent work wnes no less and no more than 1-week prior to scheduled work dates. The signs will be furnished
upon request by the City. The Conhactor shall fill in the day and date for the scheduled work.
The Conhactor shall be responsible for adequate barricading of the work area and controlling traffic in the vicinity of
he prqect as specified in Subsection 7-1Q Traffic and Access and these special provisions. Barricades shall be staged
and ready for controlling haffic,but no street shall be closed. The Contracmr shall maintain the traffic control devices
deployed for controlling all work operations. The Conhactor shall pmtect the new surface from damage or defacing,
the Conhactor shall repair any damage ro new improvements at no additional cos[to the City until work is accepted
by the City.
At [he end of each day's work and at other times when conshuction operations are completed or suspended, the
conhactor may park construction equipment and vehicles within the street right-of-way as approved by the Engineer.
Vehicles and equipment shall be secured,and placed in locations out of travel lanes alongside the far right side of the
roadway. Conhactor will be required to place barricades around equipment and materials placed within[he roadway
to remain overnight or for a period of time exceeding 24-hours.
SP-37
No material or other obstrucHons shall be placed within fifteen(15)feet of any fire hydrant which shall a[all times be
readily accessible ro the Fire Deparhnent. TrafTic control shall conform to the provisions of the latest edition of the
Work Area Traffic Control Handbook(WATCH)published by Building News,Inc.
At least seven('n calendar days prior to beginning work,the Contractor shall dishibute notices to all residences and
businesses adjacent to or affected by the proposed work. Said nofices shall be prepazed and printed by the City and
shall be served by the Contractors representative in person to each residence and business as practicable. Failure of
the Contractor to properly serve said notices shall be cause for suspension of work until compliance with this
requirement is achieved. No extension of time will be allowed ro the Contractor for bst time due to his fai(ure to
distribute said notices in a timely manner or from suspension of work due to non-compliance.
Safe and adequate pedeshian and vehicular access shal(be provided and maintained to fire hydrants,wmmercial and
industrial establishments, churches, schools, parMng (ots, service station hospitals, and establishments of similar
nature. Aceess ro these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer.
Vehicular access to residential and commercial driveways shall be main[ained to the property line except when
necessary construction precludes such access for reasonable periods of time. If backfill has been completed to such
extent that safe access may be provided and the street opened to local traffic,the Contractor shall immediatety clear
the street and driveways and provide and maintain access.
Contractor shall not store construction equipmen[wi[hin public righ[-of-way. Construction site must be swept and
washed clean at [he end of each work day. The City is not obligated to provide storage yard for materials,
equipmen[,and constructi0u Si[e debris.
Payment for the requirements of Public Convenience including all labor equipment, tools, materials and incidentals
required to complete the work shall be included in the contract prices bid for the various items of work imolved. No
additional compensation will be allowed therefore.
600-0.1 Traffic and Access
The Contracror's operaHons shall cause no unnecessary incomenience. The Conhacror shall immediately remove
any spillage resulting from its hauling operation along or across any public travel way. The access rights ofthe public
shall be considered at all[imes. Unless otherwise authorized,traffic shall be permitted to pass through the work area,
or an approved detour shall be provided.
Should the Contractorappearto be neglectful or negligent in fumishing waming and protective measures,the Engineer
may direct attention to[he existence of a hazard,and the necessary waming and protective measures shall be furnished
and installed immedia[ely by[he Contracror at his expense. If attention is directed to[he existence oF a hazard and
he Contractor fails to provide such devices,said devices will be placed or caused to be placed by the City. The cost
of placement of these devices shall be the sole responsibility of the Contractor and shall be paid for at the rate of
50.00 per call-out plus $25.00 per traffic conhol device for each 24 hours, or fraction Ihereof, that [he device is
required. Said cos[s shall be deduc[ed&om[he total of wn[rac[price for the work.
Each traffic control, waming, and guidance device required for the work shall be con[inuously moni[ored by the
Contractor for its adequacy,incWding,but not limited to:
type
location and p(acement
size
reflectiviry(if to be in place during darkness)
conditionofrepair
SP-38
The overall work site traffic control,waming,and guidance effoR shall be continuously monitored by the Contractor
for its adequacy in detouring traffic around, or circu(ating haffic through the work area. Any deficiencies by the
Contractor in such monitoring, or correcting inadequate work-site signing, shafl be considered just cause for the
Engineer or his representative ro suspend the work. The decisions made by the Engineer in this regard shall be final.
The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal
of trash and garbage to maintain existing schedules for these services.
Soecial Attention is directed to the presence of schools in the various areas and a high incidence of pedestrian,
bicycle and bus [ra c. Construction activities, detouring and tra c control should reflect this condition and be
coordinated with each individual school official. Contractor shall coordinate with school to minimize inconvenience,
Bus schedules,etc.
SECTION 601-WORK AREA TRAFFIC CONTROL
601-2 TRAFFIC CONTROL PLAN(TCP)
DELETEfir st paragraph, and REPLACE with the following:
Description: This work shall include,but not be limited to,providing delineatioq lighted barricades,flashing arrow
boards,signing for detours,ha c channelizaHon, "No Parking"signs for public safety. This work shal]also include
the preparation of traffic control plans, and supplemental traffic control plans as required, prepared by a Calitornia
Licensed Traffic Engineer hired by the Contractor and approved by the City Traf£c Engineer.
ADD the jollowing:
601-21 Street Closures,Detours,Barricades
Description: This work shall include,but not be limited tq providing delinea[ion,lighted barricades, tlashing artow
boards,signing for detours,haffic channeli7atioq "No Parking"signs for public safety. This work shall also inc(ude
providing haffic wntrof plan, or supplemental traffic control plan as required, prepared by a Califomia Licensed
Traffic Engineer hired by the Contractor and appmved by the CiTy Traffic Engineer.
At least 72 hours in advance of closing, or partially closing or of reopening, any street, alley, or other public
thoroughfare, the Contractor shall notify [he Police, Fire, Traffic and Engineering Department of jurisdictional
agencies involved,and compty with their requirements. Deviation must first be approved in writing by the Engineer.
In addition to the"Standard Specifications"y the Contractor shall conform to the following:
Tramc Control and Lane Closure
Construction: Traffic control shall conform ro applicable provisions of[he contract plans,Standard Specifications and
these special provisions.
My changes in provided Tra c Control Plans shall be prepared by the Contractor and shall be approved by the City
Engineer priar[o work.
The Contractor shall provide safe and confinuous passage for pedestrian and vehicular tra c at all times.
The Contractor shall provide temporary asphalt concrete ramps at grind areas against eacisting asphalt concrete pavement.
All waming lights,signs,barricades,delineators,detours,and other facilities for the comenience and direcfion of public
traffic shall be fiunished and maintained by the Contrac[or. All traffic conhol shall conform to, and be placed in
accordance with current"State of Califomia",Manual of Traffic Controls"for construction and maintenance work zones
and the latest updated version of the"Work Mea Traffic Control Handbook"(WATCf-n. Flashing arrow signs shall be
fumished and maintained as directed by the Engineer.
SP-39
The Contracror shall follow and implement the City approved traffic staging plans included in the plan set. The staging
plans shall be used by[he Contractor to conshuct Ihe necessary stree[improvements while maintaining the minimum
lane configurafions and tum movements as estab(ished by the City TrafSc Engineer. The Conhactor has the option to
revise and submit new traffic control p(ans prepared by a licensed Traffic Engineer to the City should the Conlractor
request a change in the conshuction staging operations.
Copies of any revised traffic plans shall be submitted 10 days prior to the preconstruction meeting for review by the City
Ttaffic Engineer.
During normal working hours as described in Section 6-7.1, on aRerial streets, a minimum of oce traffic lane in each
direction shall be maintained where excavafions necessitate.If left tum pocket existed,it shall be maintained. No lane
closures or construction will be permitted on any sheet on Sahvdays,Sundays,or legal holidays mless authoriud by the
City Traffic Engineer. During non-working hours, the work azea shall be delineated additionally with lighted flasher
type barricades,spaced a maximum of 50 feet on center or as may be d'vected by the Ciry Tra c Engineer. Emergency
vehicles shall be permitted to pass through the work area without delay at all times. Any deviation from the two lane
requirement shall be reviewed and approved by the City Traffic Engineer.
During the course of work,the Contractor shall make minor changes and add or delete signing,as may be required by
the City Traffic Engineerto correct problem traffic situa6ons which aze a result ofthe Contractors operations. In special
cases,the Conhacror shall be required to fumish flagmen as requested.
The Engineer shall have the authority ro direc[the Conhacror to reschedule his work as necessary to reduce or eliminate:
I) vehiwlaz traffic conflicts, or (2) inconvenience to adjacent residences and businesses, or (3) coordina[ion with
Caltrans"freeway closures,and other City construction projects in the area.If the permanent surfacing of an access is
not completed within 72 hours,the Contractor shall provide tempomry asphalt concrete surfacing to such access at this
own expense.
Each vehide used to place and remove components of a hafSc control system on multi-lane highways shal]be equipped
with a Type II flashing arrow sign which shall be in opera[ion when[he vehicle is being used for placing,maintaining or
removing said components. The sign shall be wntrollable by the operator oFthe vehicle while the vehicle is in motion.
The flashing arrow sign shown on the plans shall be in place before any]ane closure requiring its use is completed.
The Contractor is required to excavate,compact and complete deep lift asphalt concrete pavement section in the same
working day, prior to excavation of further roadway sections or cold plane operations within project, excluding
construction of the concrete approach lanes. The leng[h of excavation shall be ]imited to 1000 feet as directed and
approved by the Engineer.
Access to all private properties shall be maintained at all times during conshucfion. Contracror shall provide notification
to property owners at least twenty-four(24)hours before commencement of any work on/or adjacent to their property.
All Iravel lanes ceopened to traffic must at least have final asphalt concrete base course placed in reconstcuc[ed areas.
Where two or more points of access to a business are available,only one driveway shall be closed at any time.
Where only one driveway e sk,the Contractor shall provide temporary access during normal business hours.
All cos[s imolved for detouring,signing temporary street delinea[ion,and other requiremen[s specified in this
section of the Standazd Specification shall be included in the respective bid items.
601-2.2 Additional Trattic Control Notes
1) All work and materiais shall comply with "Caltrans" Manual of Traffic Controls in Construction and
Maintenance Zones,and Work Area Traffic Control Handbook,la[est editions.
2) The Contractor shall have all signs, delineator, barzicades, arrow boards, etc., properly instal(ed prior to
commencing conshuc6oa Arrow boards utilized on the project shall be solarPoattery powered.
3) All temporary striping and mazkings shall conform to the"Caltrans" standard plans and specifications. Raised
pavement markers shall not be used. Striping damaged by construction shall be repaired in kind to the
satisfaction of the engineer.
SP-40
4) Flashing yellow beacons,Type"B", shall be used on all C18 signs and on al]type II and III barricades guarding
the work area ovemight.
5) All advance warning sign installations shall be equipped with flags or daytime cbsures.
6) All delineators shall be 36" minimum portable, reflectorized rubber guide posts, orange in cobq wi[h double
weighted bue rings and shall be kept in their proper position a[ all times and shall be repaired, replaced or
cleaned as necessary to preserve the'v appearance and continuity.
7) Alf signs shall be reflectorized and standard size unless shown otherwise.
8) Type II barricades with flashers may be used,in lieu of or in addition to the rubber guide posts,at the discretion
of the con[ractoq when they aze intended to provide additional emphasis in areas where workers are present.
9) Construction operations shall be conducted in such a manner as to cause as little inconvenience as possible to
abutting proper[y owners.
10) The Contractor shall maintain on a 24-hour basis, all signs, delineators, barricades, e[c.to ensure proper flow
and safety of traffic.
1 I) Pressure sensitive tra c marking tape and/or striping paint may be used to supplement the channelizing devices,
delineators,reflectorized signs,and barricades.
12) All conflicting stripes,pavement markings, and legends shall be completely removed by we[sandblasting, or
o[her method approved by the engineer prior to any change in the haffic pattem.
13) The Contrector shall cover all exis[ing speed limit signs during work hours and install C17 signs.
14) Where work is being perFormed at signalized intersections or detection areas are damaged, the signal shall be
placed on vehicle recall by the Traffic Engineer. Notify Traffic Engineer(714) 532-6427, seventy-two (72)
hours prior to work.
15) At signalized inrersections two signal heads shall be visible to approaching traffic at all[imes. The Contracmr
shall be responsible for all signal modifications during detour construction.Signal work shall be performed by a
icensed[raffic signal contractor.
16) The traffic staging plans indicate vehicular Va c control in work area during construction activity. Additional
traffic controls,haffic signs,or barricades may be required in the field. The Conhactor shall be responsible for
the placement of any additional devices necessary to assure safery to[he public at all times during consWction.
17) The City Engineer reserves the right to make any changes necessary as£eld conditions warrant. Any changes
shall supersede these plans and be done solely at the contractor's expense.
I S) The Contractor shall notify the City Engineer or his representative at least five(5)working days in advance of
initiating any cons[ruction detour. The Contractor shall provide additional traffic detour plans for work a[
signalized intersections for approval of the City Engineer.
19) The Contractor shall provide pedestrian walk ways and crosswalk access at all times when crosswalk or
sidewalks are to be cbsed,R96 signs and barricades shall be installed.
20) The Contractor shall notify all local businesses 14 days prior to detour construction for all night time
construction. For daytime construction, the Contractor shall notify the local businesses 7 days in advance of
work to be done.
601-3 PAYMENT
DELETE rn its enlirery and S(/BSTlTUTE with the jo1lowing:
SP-41
Payment for TRAFFIC WNTROL sha((be included in the contract prices bid for other items ofwork and no additional
compensation will be allowed therefore.TRAFFIC CONTROL shal(include full compensation for traffic conhol plans,
supplemental traffic wnvol plans, as required, furnishing all labor, materials, tools, equipment and incidentals and
doing all the work involved in all temporary traffic control related work involving placing removing, stodng,
maintaining,moving to new locations,replacing and disposing of the components of traffic control system,complete
in place,temporery Asphalt Concrete including installation and removal;all associated tempomty signing and striping;
flashing acrow signs; flagging and/or flagger costs; and project notifica[ions, as specified in the Standard
Specifications and these Special Provisions, and as directed by [he Engineec No additional compensation wil( be
allowed thereof.
SP-42
PART 7
ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE
PORTLAND CEMENT CONCRETE AND UNTREATED BASE
MATERIAL
SECTION 900 - PORTLAND CEMENT CONCRETE AGGREGATES
900-1.1 General
The Cleanness Va(ue requirement of Section 200-1.4 shal]be replaced with the following:
Tests Test Method No. Reauirements
CleannessValue Califomia227
Individual Test 70 Min.*
Moving Average 75 Min."
The Sand Equivalent requirement of Section 200-1.53 shall be replaced with the following:
Tests Test Method No. Reauirements
Sand Equivalent: Califomia 217
Individual Test 70 Min.•
Moving Average 75 Min.*
For 2500 or less class concrete,except concrete pavemen[,a minimum 65 Individual Test Result and minimum 70
Moving Average wi(I be acceptable if the 28 day s[rength exceeds 2500 ps.i.at a 6-inch slump or greater.
Portland Cement Concrete shall be sampled and tested in accordance with[he following ASTM and Califomia Test
Methods:
Sampling Fresh Concrete Califomia No.539
Obtaining Drilled Cores C-42
Molding and Curing Specimens Califomia No.540
Compressive Strengh California No.521
Flexural Streogth Califomia No.536
Slump G143
Air Content Califomia No.504
Unit Weight,Yield Califomia No.518
Setting of Mortar G191 or G266
Mortar Cube Test Califomia No.515
Drying Stvinkage(with admiature) California No.530
Unless otherwise restricted by the CiTy of Orange General Plan,Old Towne Historic Dishict,Redevelopment Agency
Standards orother special dishicts,no color admi ctures shall be used in Portland Cement Concre[e(PCC)construction
work within the public sheet right-of-way.
SP-43
900-2 PROCESSED MISCELLANEOUS BASE
At least 65 percent by weight of the material retained on No.4 sieve shall be crushed particles as determined by Test
Method No.Califomia 205.
900-4.1 ASPHALT CONCRETE: GENERAL
The asphalt concrete class shall be as designated in[he following table:
ASPHALT CONCRETE CLASS USE TABLE
Construction Asohalt Concrete Class Asohalt%
Arterial Hiehways
Base Course III-B2-PG 64-10 4b to 6.0%
Surface Course III-C3-PG 64-]0 4.6 to 7.0%
Asphalt Rubber Hot Mix(ARI-IM)ARI IM-GG-B
Other Sheets(Residential)
Base Course III-B2-PG 64-10 4.6 to 6.0%
Surface Course III-C3-PG 64-10 4.6 to 7.0%
Asphalt Concrete Curb(berm) III-D-PG 64-10 6A to 8.0%
Feathered edges oFbase course III-C3-PG 64-10 4.6 to 7.0%
900-4.2 CoarseAggregate
Coarse aggegate shall consist of material of which at least 75 percent by weight shall be crushed par[icle.
SP-44
EX,.ECUTED IN TWO COUNTERPARTS pC R-b°I b3
CALIPORN1.41'UfSLICR'OR6S ibnd n. 107216041
1'EkEORAL CE f30NU PREMIUP:: $747
r.w n_o-:s iir ntr:se reese-rs.
u„... T.E. ROBERTS. INC. co ru,c-roa,r:.,d
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA tii'RF:7Y aCnrperrauonorganiacdand sisun
unJ.r iic la o nf hc ti1a1i ol QjQ ECTICUT anJ amlroracd n Iranvn M1uvncss m thr 5ta1.ofCaltlbmm,vs Surct}',arc hclJ and Ormlt bounJ
umn the CI'1'1'OF OR:\\GE,hereinafier eallnl the Obligee.m ihe swn SPVEk"fl'TIiOUSA D F011g Hl'NDRFD NI\P"IY DOI.I.ARS(570;fv01 Im ihe papna9
h.mn(ccll and nily m Ae maJe:mJ ce each uf us bind aursehee,nur heirs,execmnrs,admimsvawrs,suceessws onJ assigns,pinUe ond so'crally,finnlr by these
r,.
111F f0'UI f IOX nfihe aborc obbgooun u euch tl:n.\\'IIF:RF..\S,thr ahoce nemi J buund<J prinapal u equnrJ m ibnirsh a hlmJ o said Ohligee,F rantamp lhe
lauhfulperibrman.co(a.omrunmdoanJpeni,rm hcfollo ang wrk.ow i fi'd \u. 190-27: D-175: Renrvmead5tormDrninimnrovemen(s-
i:ip nl xhich conlrvn n or mac tre anacheJ henlo.and is hercb referred m and m:de a pan hercof
SO\\'.l'l lf RF.I'ONI:,il"the abm'c bnunJcJ pnncqc l shall ncll arxl uulc perlam hc wrk comracl<J m Fc ni nneJ widcr miJ eumma.Ihen lhi ubh tion lo be
null anJ u W.n ha uc In ramam m fWl livcc anJ eflcn The surelp herchy.uipulal<anJ ayiect tha nn change.crlcnsmn nfiimc.aheruion or aJJnion o he mnns
ni the a nv:ia agrcemenl.oi ihe..nrk m lw pedb;nmd ih¢ru under.rt Ihe s ual4cati mvccomp:mying he>ame ehall otlmn is.affe:l ihe A ligahnns on thrs Fand,and
n Jrc>hereb n m•nnhec ul anc auch change.c ensien ol time.alteraiinn m addnion m he icrnu ol'he Contnn aercainrm or Iu he mrk or m Iha sptttlical ons
sir.eun.nsr,:eum: 23RD o
APRIL 20
T.E. ROB RTS, NC_ TRAVELERS CASUAL AND SURE COMPANY OF A2tERICA
c=osrknrrors n iiyt+e s e
ur -- iiv —
ec ie'\Ai(11 ru;.sC are Ju31 n1Z.,brir'rs oiaer_s-m-r,cr /IARLE Z. FLAKE
RI'—_—p ` Y.
I'Rf:)IUf:S'1'/\9CF.1'RFSIDES'1' i'IM.p4{yy (ye rtS PI'H( h:U.\ti 'UFUR.\LC . .AITOIt\'E1'
S'f.\7'F.OF(':\I.IFOItSi:\On Ihic d:iy nf m tLc ycar 20 Aelnrc mC 1 a wucrs gn.J.a •
v
O\O' UIJ I1 C111J11(LlI IC41 tiWIt`.1[(AOIIB\':IPr<dIP
pyr.aunally kno m In mc(or provcJ m mc un ihe basu ulv isfnaup¢vWcnccl ln bc thc personl l hn cucWad _
ihc riihm imwincnl un bchull'ol thc ihcrcin v mai:anJ i',
aekno leJged me hnt such esccW cd ihe mme
N'I'f\SS in}hanJ and o07cial seal
Noian PuM1lic in and 1'ur he miJ tiwta
ti7'ATEOPG\LIFOR\I,\Onthis Jayof in Le)ear20 hcfnremq heundersigned,a
COI:\'l'Y OF Numrc PuALe in anJ.fv thc viJ tiuie,perponulh aPP areJ
pcaonallpknnonl mcl rprnecJ nmcun!hcbui.nfsa isfacmn't'idvnallobcihcpersunlsl dmc<culcd '
the nhw mv'mmnn un behulfof hc ihercin namal.anJ
a.knmJeJged mc ih t wch ixeeumd i6c same.
lPl'I'NI;S1 nre hanJ nnJ ol lival ual.
Nnurc Public in and for thc vid tiutc.
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
A notarypublic or other officer completing this certificate verifies only the identiry of
the indrvidual who signed the document to which this certificate is attached,and not
thetruthfulness,aauracy,orvalidiryofthatdocument.
State of California
Countyof bra GP.
F 3
On ` •Z3202D beforeme, K1Yn E NP_wett No-Fa v Publlc.
here Inrert na e and[itle of the ficeq @
personally appeared 71 m n-W R,ri be ri"s p{c U -I'I 1 Q D l r fJ
who p[oved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to 7
t the within instrument and acknowledged to me that he/she/they executed the same in his/her/their '
authorized capacity(ies), and that by his/her/their signature(s] on the instrument the person(s), or the entity ;
upon behalf ofwhich the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of Caljfornia that the foregoing paragraph is true and corred. KIM E. NEWETi
COMM. #2228431 z E
y Z Notary Public-California
Orange County ° _WITNE55 my hand and official seal. M comm.ex ires Feb.,2ozz
1 p
Signature ,p_ ,{,(j
Seaq
O tiponallnformation
AI[hough the information in this sectlon is no[required by law,it could preveM Baudulen[removal and reattachmeni of thiz acknowledgment to an
unauthorized document and may prove useful[o persons relying on the actached document.
Description ofAttached Document
The preceding Certificaie of Acknowledgment is attached io a document Method ofSigner ldentification
tltled/fof th2 pUfP052 Of Proved to me on the basis of satisfacrory evidence:
Q form(s)o(identification Q credible wimess(es)
Notarial event is detailed in notaryjoumal on:
containing pages,anddated Page# e crys
The signer(s) capacity or autFority is/are as: No ary oma c:
Individual(s) Other
Attorney-imFaCt
Additional5i ner(5) print(51
CorporateOficer(s)
9 Signer(s)Thumb
iitle(s)
GuardiaNConservator -
PartnerLimited/General
hustee(s)
Other.
representing:
Namels)of Person(s or Entirylies)Signer is flepresen ing
BCopyrighl300)-301]NotaryPoiary,PO8or41<p0,esMoines,lA50311-0SOZAIIflIgM16PeserveE. I[emNumbe 101]R. PleasemntaccyomAuthotlreEReselle ropurchasempleso(hBfo m.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other offcer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is altached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
Counry of Orange
On 4-23-20 before me, Lexie Shervvood Notary Public,
Dale Insert Name o!No ary exactly as it appears on he oKciai seal
personally appeared Charles L. Flake
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
LEXIE SHERWOOD executed the same in hislher/their authorized capacity(ies),
COMM.#22oa2a7 3 and that by his/her/their signature(s) on the instrument the
f.U9 a.• NOTARVPOBl1C CFLIFORNiq n' person(s), or the entity upon behalf of which the person(s)
ORANGE COUNTY acted, executed lhe instrument.
Comm.Exp.JULY 27,2021
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and official sea l' ,
Signature
PlaceNotarySealAbove SiBnaWrao otryPubiic exieSherwood
OPTIONAL
Though the information below is not required by law it may prove valuable to persons retying on the documentandcouldpreventfraudulentremovalandreattachmentoftheformtoanotherdocument.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporete Officer —Title(s):
Partner Limited General Partner Limited General
Attorney in Fact Attorney in Fact
Trustee Trustee
GuardianorConservaror Topofthumbhere GuardianorConservator Topof humbhere
Other: Other:
Signer is Representing: Signer is Representing:
Travelers Casualty and Surety Company of America
Travelers Casualty and Surety Company
rRQ ELERs St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualry and Surery Company of America,Travelers Casualty and Surety Company, and Sf.
Paul Fire and Marine Insurance Company are wrporations duly organized under the laws of the State of Connecficut (herein collec[ively called the
Companies"),and thal the Companies do hereby make,constitute and appoint CHARLES L FLAKE of Anaheim
California heir true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the na[ure thereof on behalf of the Companies in [heir business of guaranteeing [he
fdelity of persons, guaranteeing the peKormance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,Ihe Companies have causetl this instniment to be signed,and their corporele seals to be hereto aKxed,Ihis 3rd day of February,
2017.
lrouahY aJ:nx,
e`^
g}H4flIFEiO, r5 w ap,
CCtoW @ ;Of , Y.p
6 °
State of Connectiwt
By:
Cily of Hartford ss. Robert L.Raney, Se or Vice President
On Ihis the 3rd day of February, 2017,before me personally appeared Robert L.Raney,who acknowledged himself lo be lhe Senior Vice President of
Travelers Casualty and Surety Company of America,Travelers Casualfy and Surety Company, and SL Paul Fire and Marine Insurance Company, and
that he,as such,being authorized so to do,exewted the foregoing instrument tor Ihe purposes therein contained by signing on behalf of the corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunlo set my hand and official seal.
o-TA
My Commission expires the 30th day of June,2021 TM
x o o r Mane C.Tetreauli,Notary Public
s
This Power of Attorney is granted under and by the authoriry ot Ihe(ollowing resolutions adopted by Ihe Boards of Directors of Travelers Casualty and
Surety Company of America, Travelere Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolu0ons are now in
full force and eHect,reading as follows:
RESOLVED,that lhe Chairtnan, Ihe President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, lhe Treasurer, any Assistanl Treasurer, lhe Corporete Secretary or any Assistanl Secretary may appoint Attomeys-in-Fact and
Agents to act for and on behalf of[he Company and may give such appointee such au[hority as his or her certificate of authority may prescnbe lo sign with
the Companys name and seal with the Company's seal bonds, recognizances, contrects of indemnity, and other writings obligatory in the nalure of a
bond,recognizance,or conditional undeRaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke
the power given him or her,and it is
FURTHER RESOLVED, Ihat Ihe Chairman, lhe Presiden[, any Vice Chairman, any Execu[ive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more offcers or employees of Ihis Company,provided ihat each such delegation
is in writing and a copy Ihereof is filed in the offce of[he Secretary;and i is
FURTHER RESOLVED, that any bond, recognizance, con[ract of indemnity, or writing obligatory in the na[ure of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when(a)signed by ihe Presidenl,any Vice Chairman,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, lhe Corporete Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed (under seal, if required)by
one or more Attomeys-irnFact and Agents pursuant to the power prescribed in his or her ceRifca[e or their cetlificates of authonty or by one or more
Company officers pursuant lo a written delegation of authority;and it is
FUR7HER RESOLVED,ihat lhe signature of each of[he following officers:President,any Executive Vice President,any Senior Vice Presidenl,any Vice
President,any Assistant Vice President, any Secretary,any Assis anl Secrelary, and lhe seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Residenl Vice Presidents,Resident Assistanl5ecretaries or Attorneys-in-Fact for purposes only
of executing antl attesting bonds and undertakings and otherwritings obligatory in Ihe nature Ihereof,and any such Power of Attorney or certifcate bearing
such facsimite signature or tacsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and bintling on the Company in the future with respect lo any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire antl Marine Insurance Company, do hereby certify thal the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies,which remains in full force and effect.
Dated this 23rd day of Aprll zoxo
wesam, .u. a yNcE0
xtmrarm. 5 aP xamwxo.
9: '
OCOhYECOML y f-,.t..._ -
9
Kevin E.Hu9hes;Assi tant Secretary _
To verily the authentitity of this Power ofAKorney,p/ease ca//us at 1-800-4Z2-3884.
P/ease refer M the abave-namedAttorney-in-fact and the deWi/s ofthe bond to which the poweris ettache
EXECUTED IN TWO COUNTERPARTS
C:\LIPOR\IA PURLIC'ORKS o d o. 107216041
P.U'htENl'BO\U PREMIUM: INCLUDED IN
h o n.i. ir.a n"rnr'sr:retsesr
PERFORMANCE BOND
rn n.c T.E. ROBERTS, INC. co i'sncro<.,r i,a
TRAVELERS CASUALTY AND SURET7C COMPANY OF AMERICA SURF.T1'a C porauan mga acd and cxisuny
une.r thc I:n.x oi mc ti:nc d CONNECTICUT and amhomr•d w vanvq busrocss in ihc Siam afCalil'ornm,as Surctr,an:hcld anJ fnnly bounJ
unm he CI'll' UF ORA\'GF.,hernnalier calleJ ihc UM1liece. in Ihe sum u( V . 7 T'll IS h0 "O I I DftED hfM1 1 AKti ( ] a90) !or tM1c
pu}mem hereof all and wly to Le inaJe and e ench of us binJ nursclvc.c,ou han,ex Y'wnrx,adimnislmtors,su<cessors ond aszigns,ointlp'vnd sceamlly,frmly
bc ihcx.p uuas
l It:R1;AS.hc nbove namN bnundnl pnnnp l u rcyuneJ Iu lumish a honJ m saiJ OAbEcc,guarantecing hc p:pmcN uf dmins of la6orcrs, mcohamcs,ma enal
wppiitn anJ an mhar persons,as prorWed M1r ihe Ia in rnm e[tion anh a eumract m dn and pedorm Ihe following vod, w cil I3id 10. 190-27: D-175;
Kennrmead Stonn Drain Imurnvements
SO\1','fI1P:RF.FORF.,it thc Prinapul or his subcunvanors,shall fail In u)'am persun wincd n Scction JI81 of IM1c Cicil CuJc ol Ihc S olc ofCaldomia,or amounLa
duc unJct ibc l:ncmPlurmeni Insuranec CeJc vth rcspcei m wrvk ur IaM1ar per(nncd M1r am pcnon namcJ in Scchon i181 ol"hc Cn'il CoJr ul he Sm.ofCaliliimia.
or iur ain amounu reywnd lo hc JeJuclaJ.nhhcld.und pmd u..r lu he Gmployment Um clnpmeN Dcpmtmenl linm Ihe wnees ol'empinyecv ot'Ibe prmnpal anJ his
wh:onvaaocs pursnam lo tiectinn UO?0 ol'thc Uiumplormcnt Insumn.c CuJc uh nzpcn m such mrk and labor.Ihc Surcrr rili pac lor Ihe same in an aeercgarc
nnuum noi ca.xdme the sum specifirJ m thrc bonil.anJ alsu,in ca.ve suit is bmught upnn this bonJ,a reovnuble auon¢y's Iec,m F¢li ed b)'the mm m accoNanre
cith SccUnn 32>i oi ihe Ci'il Ccu1c of ihc Sia c n(Cultl6mi
l ho bonJ shnll nmrc w ibe Gendi ofam'person namcJ m Senion il Y I ul'hr Cn'il QiJe o(hc Swic ofCalif mia su us w gne a nyhl u1'acuon w su<h persnn or his
assigro in am sun hrnughi upnn ihu twnJ
SI(:.\k:U.\\'Ucp:,\L4:Uihis 23RD d,yoi' APRIL p 20
T.E. ROBERTS, INC TRAVELERS C S AL AND SURETY MPANY OF AMERICA
i encroa ni ' . ae.. .
nv
rser:a Y'1r a vs n 2oberrs n ' c :v ' ,cr L LAKE
ui'.. oV nv 1ti
rar:simt:rn'tcrrats ut:r nme+hy ¢vl rts rruo E asrutoit.tra'r n To<..cY -' .. ,
I41'k:DPC:\{lFUN\'I,\On his dayof intl e}'ear10 bel'uremc.lheundcrsicncd..._
COD\l'\'OF_ ' Nmm'Pnbhc m mid(or the mid Slale person lir appcarcd
1'ersnnallyknm nlomc(orpmnd nmconthcbasisofsatistattoryn'idrnce)iohclhcpersnnls)hnexaWed -
Ihc w nhm inslrument on behall ul Ihe therem nanmJ,and
cknmvl.deeJ mc that wch asccwcJ the s me.
I'INf:tiS mv hanJ aiW ollicisl scal.
Nntary PuMic in nnd for he said Slam.
STATEOFG\I.IFOkVI:\Onihis dayuf in heyrar20 Ixl'oreme,thcundersiened,a
OI'l'Y OF No ary PubLc in nnJ for ih.viJ S am.Ferwnxlly appranJ
pcnonallr knonn o mc I u prond m mc on Ihc M1asu ol satisfacmn cvidcncel lolx Ihe nonis)dm csc.umd
ihc u,itlun uuuumcnt on hehall'ol Ihc ihcrcin numcJ.and
ackno IcdecJ me Ihm su.h esecaleJ Ihe same.
N"Iltif:SS me hund and o0icial scal.
Noian'PuMic in and for the vid Siale
CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT
Anotarypublicorotheroficercompletingthiscertificateverifiesonlytheidentityof
the indmdual who signed the document to which this certificate is attached,and not
thetruthfulness,accuracy,orvalidityofthatdocument.f
State of California
County of Y7,1.1 Q
on 3'
beforeme, Klm E New tt No+n v Fvbl c g
here insert na e and title of the ficer)
personallyappeared 7{ry,p pPV1'.S y 6t'( Qol-ov' a
E
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to '
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their fi
authorized cepacity(ies), and that by his/her/their,signature(s) on the instrument the person(s), or the entify ; „
upon behalf ofwhich the person(s)acted,executed the instrument.
i j
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paregraph is true and correct.
KIM E. NEWETT
COMM. #2228431 Ai •ra o Notary Public California o
i z . Oranqe County
y WITNE55 my hand and official seal. M comm.Ex ires Feh.7,2022
F
Signature ,j(,( ,{/' p
Seap g
Optionallnformation
Although the information in this section is not required by law,it muld prevem fraudulent removal and reattachment of this acknowledgmem m an
unauthorized doament and may prove ureful to persons reiying on the attached document.
Description ofAttached Document
The preceding Certificate of Acknowledgment is attached to a document Method otSignerldentification
titled/for the purpose of Proved to me on the basis of zatisfa<tory evidence:
Qform(s)ofidentifica[ion Qcrediblewimess(es)
Notarial event is detailed in notaryjournal on:
containing pages,anddated Pagek Enttyk
The signer(s)capacity or au[hority is/are as: Nocarymncaa:
Individual(s) Other
Attomey-io-Fatt
ACEitional5igner(s) Signer(s)Thumbptlnt(s)
Corporate0fficer(s)
rneRl
Guardian/Conservaror
Partner-Limited/General
Trustee(s)
Other.
representing:
Name(s)of Person(sl or Emiry ies)Signe Iz RepresenNng
OCopyrigM1 l00]-201)Notaryflo ary,POBox41400,0esMoines,lA5031L050). AIIR gh SHeserveQ ItemNumbe lOV)2. PleasecontaclyourPuthorizetlNesellermpurcM1asempiesof[M1lzPorm.
t , .
CALIFORNIAALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certifcate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On 4-23-20 before me, Lexie Sherwood Notary Public,
Date Insetl Name oi Notary ezacity as i appears an the ot(cial seal
personally appeared Charles L. Flake
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
LEXIE SHERWOOD executed the same in his/hedtheir authorized capacity(ies),
connM.#2203287 3 and that by his/her/their signature(s) on the instrument thev
NOTARYPOBLIG GqLIFORNIA person(s), or the entity upon behalf of which the person(s)
oanNcecoutuTr acted, executed the instrument.
Comm.Exp.JULY 27,2027
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my hand and o icial seal. /
y
Signature J"d .CGu`'B•60
Place Notary Seal Above Signature o(No ary Public @XI@ S erriood
OPTIONAL
Though the information below is not required by law it may prove valuable to persons relymg on the document
and could prevent fraudulent removal and reatfachment of the form to another document.
Description ofAttached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Ttle(s): Corporate Officer —Title(s):
Partner Limited General Partner Limited General
Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Top of ihumb here Guardian or Conservator Top of fhumb here
Other: Other:
Signer is Representing: Signer is Representing:
Travelers Casualty and Surety Company of America
f Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and Sl.
Paul Fire and Marine Insurence Company are corporations duiy organized under lhe laws of the State of Connecliat (herein collectively called Ihe
Companies"),and that Ihe Companies do hereby make,constiNte and appoint CHARLES L FLAKE o(Anaheim
California lheir true and lavrful Attorney-in-Fact to sign, exeate, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing [he
fdelity of persons, guarenteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permiried in any
actions or proceedings allowed by law.
IN WITNESS WHEREOF,Ihe Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,Ihis 3rd day of February,
2017.
umwvn. o y
y
4 Y Va wro. : ' t U"li
COxrL y
F .. ... i
State of Connecticut i
By: r%.%-`_
Cily of HaRford ss. Robert L. Raney,Se or Vice President
On Ihis Ihe 3rd day of February, 2017,before me personally appearad Robert L.Raney,who acknowledged himself to be the Senior Vice President of
Trevelers Casuairy and Surety Company of America,Trevelers Casualry and Surety Company, and St. Paul Fire and Marine Insurance Company, and
Ihal he,as such,being authorized so to do,exealed Ihe foregoing instmment(or Ihe purposes therein conlained by signing on behalf of ihe corporations
by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
41A
My Commission expires[he 30th day of June,2021 TAq
y p Mane 4 Te[reaWt,Notary Public
M ctPs
This Power of Atlomey is granted under and by Ihe authority of the following resolutions adopted by the Boards of Directors of Travelers Casualry and
Surety Company of America,Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,which resolutions are now in
full torce and effect,reading as follows:
RESOLVED, that the Chairtnan, the President, any Vice Chairtnan, any ExecWive Vice President, any Senior Vice President,any Vice President, any
Second Vice President,ihe Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistan[Secretary may appoint Altomeys-in-Fact and
Agenls lo acl for and on behalf of the Company and may give such appointee such authority as his or her certifcate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, rewgnizances, contracts of indemnity, and other wri[ings obligatory in the nature of a
bond,recognizance,or conditional undertaking,and any of said offcers or the Board of Directors at any lime may remove any such appointee and revoke
Ihe power given him or her;and it is
Fl1RTHER RESOLVED, ihal the Chairman, Ihe President, any Vice Chairman, any Exewtiva Vice President, any Senior Vice President or any Vice
President may delegate all or any part of Ihe foregoing authon[y to one or more officers or employees of this Company,provided that each such delegation
is in wriling and a copy Ihereof is fled in the oKce of the Secre[ary;and it is
FURTHER RESOLVED, ihat any bond, recognizance,coNract of indemnity, or writing obligatory in the nalure of a bond, recognizance, or conditional
undertaking shall be valid and binding upon he Company when(a)signed by Ihe Presidenl,any Vice Chairtnan,any Executive Vice President,any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corpora e Secretary or any Assistant
Secre[ary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly exeated(under seal, if required)by
one or more Attomeys-in-Facl and Agents pursuant to ihe power prescribed in his or her certificate or their certificates of authority or by one or more
Company offcers pursuant to a written delegation of auihority;and it is
FURTHER RESOLVED,that the signature oi each of lhe following offcers:President,eny Exeative Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-irnFact for purposes onty
of executing and attesting bonds and untleAakings and other writings obligatory in lhe na ure[hereof,and any such Power of AI[orney or certi(icate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certifed by such(acsimile
signature and facsimile seal shall be valid and binding on Ihe Company in the future with respect to any hond or understanding to whlch it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary oF Travelers Casualty and Surety Company of America, Travelers Casualty and Surery
Company, and SL Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing Is a true and cortect copy cf lhe Power of
Attorney executed by said Companies,which remains In full force antl effecL
Daled this 23rtl day ot AP iI zom
yy y
1a N RFYR
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z W . '^ - 3 ,. : ,,`: ' +.Y
W`LV. CIXiH 3 5[A
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L GI (. ( _/y_'_ . '
Kevin hes,Ass tant Secretary
To verily the authenticity ofthis Power ofAttorney,p/ease ca//us at I-800-421-3880,
P/ease refer to the above-named AKo ney-in-Fad and the detai/s ofthe bond to whith the poweris a[tached.