AGR-7102 - STOLIE PAINTING - PAINTING AT VARIOUS CITY PARKS - HART, AMBRIZ, GRIJALVA, AND OLIVE PARKSi oa.
CONTRACT
Painting at Hart Park(Bid No. 20-21.16)]
THIS CONTRACT (the "Contract") is made and entered into as of 2Ce1 be' 1,
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), and STOLIE PAINTING, a general partnership ("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, 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) Contractor's Bid Proposal, attached as Exhibit A and incorporated herein, which
includes scope of services and labor compliance documentation,
2) The latest edition of the "City of Orange Standard Plans and Specifications" (the
Orange Book") with the term "Engineer," as used in the Orange Book and in this Contract, to
specifically include the City Engineer(or his/her designee);
3) The"Standard Specifications for Public Works Construction"(the"Green Book"),
and all amendments thereto;
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 and Green Book are on file with City's Public
Works Director and are hereby specifically referred to and by such reference made a part hereof.
Contractor hereby acknowledges that it has read,reviewed and understands the Scope of Services,
Orange Book and Green Book, all of which documents shall be referred to herein collectively as
the"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requires, among other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self-hauled construction and demolition waste. The terms and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary.
d. The Work shall be performed in conformity with the Plans and Specifications and
the Bid Proposal and all applicable laws, inchiding 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 Community Services
Director, City's Park Supervisor, David Nobbs ("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
of the Authorized City Representative or such other person as City's Community Services 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 Community Services Director.
f.It is expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and Contractor's Bid Proposal, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said Bid
Proposal conflicting herewith.
ARTICLE 2
Commencement of Work
Contractor shall commence the Work provided for in this Contract within fifteen(15)days
of the date of the issuance by City of a Notice to Proceed and diligently prosecute completion of
the Work within fifteen (15) 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 this Contract.
Contractor shall do all things necessary and incidental to the prosecution of Contractor's Work.
ARTICLE 3
Compensation
a. Contractor agrees. to receive and accept an amount not to exceed FOUR.
THOUSAND FOUR HUNDRED DOLLARS and 00/100 ($4,400.00) as compensation for
furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said
compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of
the elements; (2) any unforeseen difficulties or obstructions which may arise or be encountered in
the prosecution of the Work until its acceptance by City,other than as provided below; (3)all risks
of every description connected with the Work; (4) all expenses incurred by or in consequence of
the suspension or discontinuance of the Work; and (5) well and faithfiilly completing the Work,
and for the whole thereof, in the manner and according to the. Plans and Specifications, and
requirements of the Authorized City Representative under them. Retention amounts shall be
withheld from progress payments as required by law unless Contractor provides securities in lieu
of retention.
b. In addition to the scheduled Work to be performed by the Contractor, the parties
recognize that additional, unforeseen work and services may be required by the Authorized Gity
Representative. In anticipation of such contingencies, the sum of FOUR HUNDRED FORTY
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DOLLARS and 00/100.($440.00)has been added to the total compensation of this Contract. The
Autliorized City Representative may approve the additional work and the actual costs incurred by
the Contractor in performance of additional work or services in accordance with such amount as
the Authorized City Representative and the Contractor may agree upon in advance. Said additional
work or services and the amount of compensation therefor, up to the amount of the authorized
contingency, shall be memorialized in the form of a Contract Amendment approved by the City
Manager on a form acceptable to the City Attorney. The Contractor agrees to perform only that
work or those services that are specifically requested by the Authorized City Representative. Any
and all additional work and services performed under this Contract shall be completed in such
sequence as to assure their completion as expeditiously as is consistent with professional skill and.
care in accordance with a cost estimate or proposal submitted to and approved by the Authorized.
City Representative prior to the commencement of such Work or services.
c. The total amount of compensation under this Contract, including contingencies, shall
not exceed FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS and 00/100
4,840.00).
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 cost, during the performance of.this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the construction and installation of all Work included in the
Plans and Specifications for which Contractor has been awarded this Contract.
b. Should any of the materials or equipment installed pursuant to this Contract prove
defective or should the Work as a whole prove defective, due to faulty equipment, workmanship,
materials furnished or.methods of installations, or should said Work or any part thereof fail to
function properly, as designed, due to any of the above causes within twelve(12)months after the
date on which said Work is accepted by City, Contractor shall make repairs and furnish.such
materials and equipment as are necessary to be furnished and installed within fifteen(15)calendar
days after the receipt of a demand from City.
c. Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as originally intended either by the Plans and Specifications of this
Contract or by the manufacturer(s) of the equipment incorporated into the Work.
d. In the event repairs are not made within fifteen(15)calendar days after Contractor's
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand,
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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 residents of
City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
PermiY'), which governs storm water and non-storm water discharges resulting from municipal
activities performed by City or its contractors. In order to comply with the 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 the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor; Contractor not Agent
a. At all times during the term of this Contract, Contractor shall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered pursuant to this Contract. City shall not have the
right to control the means by which Contractor accomplishes services rendered pursuant to this
Contract. Contractor shall, at its sole cost and expense, furnish all facilities, materials and
equipment which may be required for furnishing services pursuant to this Contract. Contractor
shall be solely responsible for,and shall indemnify,defend and save City harmless from all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security,withholding and all other wages,salaries,benefits,taxes,exactions,and regulations
of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be considered
employees of City, and that they shall not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
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Employees Retirement System benefits, or health, life, dental, long-term disability or workers'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied,to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have
no authority, express or implied,to bind City to any obligation whatsoever.
ARTICLE 8
Public Work; Prevailing Wage
a. The Work which is the subject of this Contract is a"public work," as that term is
defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor's employees will perform any work that falls within any of the
classifications for which the Department of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Department
of Industrial Relations (www.dir.ca.ov/DLSR). Additionally, to perform work under this
Contract, Contractor must meet all State registration requirements and criteria, including proj ect
compliance monitoring.
b. Attached hereto as Attachment No. 1 and incorporated herein by this reference is a
copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and
1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of the Labor Code and shall prosecute and complete the Work
under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall secure the payment of compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and
as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
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."
d. Contractor shall indemnify,protect, defend and hold harmless City and its officers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including
reasonable attorney's fees, court and litigation costs, and fees of expert witnesses)which result or
arise in any way from the noncompliance by Contractor of any applicable local,state and/or federal
law, including, without limitation, any applicable federal and/or state labor laws (including,
without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that,
in connection with the construction of the Work which is the subject of this Contract, Contractor
shall bear all risks of payment or non-payment of state prevailing wages. "Increased costs" as
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used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted, adopted or amended from time to time. The foregoing indemnity shall
survive termination of this Contract.
ARTICLE 9
Equal Employment Opportunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex,national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall erisure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex,nat'ional origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions shall include,but not be limited to the following: employment,upgrading,.demotion
or transfer,recruitment or recruitment advertising,layoff or termination,rates 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 forth
provisions of this non-discrimination clause.
b. Contractor shall,in all solicitations and advertisements for employees placed by,or
on behalf of Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all
subcontracts for any Work covered by this Contract, provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Conflicts of Interest
Contractor agrees that it shall not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers,partners, or employees have a financial interest as
defined in Section 87103 of the Government Code.
ARTICLE 11
Indemnity
Contractor shall defend, indemnify and hold harmless City and its officers, officials,
agents, and employees from and against:
a. Any and all claims, liabilities, losses, damages, penalties, costs or expenses
including reasonable attorneys'fees and court costs)which City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury, loss or
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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, ar in connection .with
performance of this Contract which may be directly or indirectly caused by the acts or omissions
of Contractor or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or
substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any
willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents,
and employees. The foregoing indemnity shall survive termination of this Contract.
b. Any and all claims under workers' compensation acts and other employee benefit
acts with respect to Contractor's employees or Contractor's subcontractor's employees arising out
of Contractor's Work under this Contract, including any and all claims under any law pertaining
to Contractor's status as an independent contractor.
ARTICLE 12
Insurance
a. Contractor shall procure and maintain for the duration of this Contract insurance
against claims for injuries to persons or damages to 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. Contractor shall maintain the following minimum amount of insurance: the greater
of either the limits set forth in(1)through(4),below; ar all of the insurance coverage and/or limits
carried by or available to Contractor.
1) General Liability 2,000,000 per occurrence for bodily injury,personal
injury and property damage. If
Commercial General Liability insurance
or other form with a general aggregate
limit is used, either the general aggregate
limit shall apply separately to this
project/location or the general aggregate
limit shall be twice the required
occurrence limit.
2) Automobile Liability 1,000,000 per accident for bodily injury and
property damage.
3) Workers' Compensation as required by the State of California.
4) Employer's Liability 1,000,000 per accident for bodily injury or disease.
c. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
to City. No representation is made that the minimum insurance requirements of this Contract are
sufficient to cover the obligations of Contractor under this Contract.
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d. Any deductibles or self-insured retentions must be declared to and approved by
City. At the option of City, either:.the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to City, its officers, officials, agents and employees; or Contractor
shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related
investigations, claim administration, and defense expeiises.
e. Each policy of general liability and automotive liability insurance shall contain, or
be endorsed to contain, the following provisions:
1) City, its officers, officials, agents, and employees are declared to be additional
insureds under the tertns 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 City is an additional
insured as a contracting party. The minimum coverage required by Subsection 12.b; above, shall
apply to City as an additional.insured..
2) For any claims related to this Contract, Contractor's insurance coverage shall be
primary insurance with respect to City,its officers,officials,agents and employees. Any insurance
or self-insurance maintained by City, its officers, officials, agents and.employees shall be excess
of Contractor's insurance and shall not contribute with it.
3) Coverage shall not be canceled, except after thirty (30) days' prior written notice
has been provided to City.
f.Contractor shall furnish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements shall be on forms
acceptable to City. All.certificates and endorsements are to be received and approved by City
before the Work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. City reserves the right to require complete,certified copies of all required
insurance policies,including endorsements effecting the coverage required by these specifications
at any time.
g. All insurance procured and maintained by Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
otherwise modified and cease performance of this Contract unless otherwise directed by City. In
such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and all damages resulting therefrom by way of set-off from any sums owed Contractor.
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i.Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor
hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation which any
such insurer may acquire against City by virtue of the payrnent of any loss under such insurance.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of
City for all Work performed by Contractor, its employees, agents and subcontractors. Contractor
shall obtain any other endorsement that may be necessary to effect this waiver of subrogation.
j.Contractor shall require. and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its Gity 1Vlanager 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 serv.ices. .
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract,unless such termination shall be for cause,.in which event City may
withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally .accepted accounting .principles, Contractor and its
subcontractors shall maintain reasonably full and complete books, documents,papers, accounting
recards and other infarmation. (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`term'ination or completion of this.Gontract,.City'shall have.the right
to inspect and/or audit Contractor's records pertaining to the performance- of this Contract at
Contractor's office. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from.City,and copies thereof
shall be furnished if requested.
ARTICLE 15
Compliance with Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal
laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Contractor represents and warrants that it:
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1) Has complied and shall at all times during the term of this Contract comply, in all
respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including,
without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and
2) Has not and will not knowingly employ any individual to perform services under
this Contract who is ineligible to work in the United States or under the terms of this Contract; and
3) Has properly maintained, and shall at all times during the term of this Contract
properly maintain, all related employrnent 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 government inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security,the Deparhnent of Labor, or the Social Security Administration.
c. Contractor shall require all subcontractors and/or subconsultants to make the same
representations and warranties required by this Article 15 when hired to perform services under
this Contract.
d. Contractor shall,upon request of City,provide a list of all employees working under
this Contract and shall provide, to the reasonable satisfaction of City, verification that all such
employees are eligible to work in the United States. All costs associated with such verification
shall be borne by Contractor. Once such request has been made, Contractor may not change
employees working under this Contract without written notice to City, accompanied by the
verification required herein for such employees. Contractor shall require all subcontractors and/or
sub-consultants to make the same verification when hired to perform services under this Contract.
e. If Contractor,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.
f.Contractor shall indemnify and hold City, its officials and employees harmless for,
of and from any loss, including but not limited to fines, penalties and corrective measures, City
may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in
connection with the performance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construed in accordance with and governed by the laws of the State
of California and Contractor shall submit to the jurisdiction of California courts. Venue for any
dispute arising under this Contract shall be in Orange County, California.
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ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entire agreement of the parties. No other agreement,
oral or written,pertaining to the Work to be performed under this Contract shall be of any force or
effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent
with or in violation of the provisions of this Contract shall not be compensated.
b. Amendments to this Contract must be in writing and signed by both parties.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under this Contract shall be.in
writing and delivered personally,by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the other party
in writing. Notices shall be deemed received upon receipt of same or within three (3) days of
deposit in the U.S. Mail,whichever is earlier. Notices sent by e-mail shall be deemed received on
the date of the e-mail transmission. . .
CONTRACTOR" CITY"
Stolie Painting City of Orange
14666 Ramli Drive 300 E. Chapman Avenue
Santa Clarita, CA 91387 Orange, CA 92866-1591
Attn: Apostolos Panayiotou Attn: David Nobbs
Telephone: 661-312-2757 Telephone: 714-532-6472
E-Mail: stolie@ymail.com E-Mail: dnobbs@cityoforange.org
ARTICLE 19
Claim Resolution
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the Work provided herein shall be subj ect to the procedures set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE 20
Counterparts
This Contract may be executed in one or more counterparts, each 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.
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CITY"
CITY OF ORt1NGE,a municipal corporation
G
By:
ck
City anager
CONTRACT AND NSURANCE
APPROVED BY:
Nitiry E.Bin ng
Senior Assis ant City Attorney
CONTRACTOR"
STOLIE PAINTING,a general partnership
Note: Sigiealttre vf Ma ra,ing Geireral By: o u.
Parl rer is reqr iredJ Printed Name: S
Title: .e[P. C j{.'r
l2
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 contractors
A contractor shall be registerecl pursuant to this section to 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
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 contractor shall do all of the following:
1)(A.) Register with the Department of Industrial Relation's 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 iri a uniform 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 specified in Section 1771.3.
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 contractor employs to perform work that is
subj ect 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) Ifapplicable,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 final judgment, order, or
determination by a court or any federal,state,or local administrative agency,including a confirmed arbitration
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 contractor is not currently 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 accordance with this section,
within the preceding 12 months or since the effective date of the requirements 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
of disqualification shall be waived if both of the following are true:
Attachment No. 1
Page 1 of 13
i)The contractor has not previously been found to be in violation of the requirements of this paragraph within
the preceding 12 months.
ii)The contractor pays an additional 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 1771.3 and shall be used only for the purposes specified in that section.
c) A contractor who fails to pay the renewal fee required under paragraph(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 ariy contract for public work until once again registered pursuant to tliis section. If the failure
to pay the renewal fee was inadvertent, the contractor 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, after 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 cletermination 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 publ'ic 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 determinatiori 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 subcontractors are registered urider this section or are
replaced by a contractor or subcontractors who are registered under this section..
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 after March 1, 2015, to
any eontract for public work, as defined in this chapter, executed ori or after April 1, 2015, and to any work
performed nnder a contract for public work on or after January:.l, 201.8, regardless of when.the contract for
public work was executed.
This section does not apply to work performed on a public works project of tw.enty-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. 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 of 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.
This section is applicable only to work performed under contract, 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.
Attachment No. 1
Page 2 of 13
Section 1771.1. gtegistration as a contractor or subcontractor required prior to bid submission;
exceptions; violations; penalties
a) Q. 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 contract for
public work, as defined in this chapter, unless currently registered and qualified 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
the Public Contract Code, provided the contractor is registered to perform publ'ic 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 after 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 registerecl 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 deparhnent shall maintain on.its Internet Web site a list of contractors who are currently registered to
perform public work pursuant to Section 1725.5:
A contract entered into with any contractor 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 the requirements of Section
1725.5 or this section.
g) If the Labor Commissioner or his or her designee determines 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
subparagraph(E) of paragraph(2) of subdivision(a) of Section 1725.5.
h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher
tiered public works contractor or subcontractor who is found to have entered into a subcontract with an
unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section
1725.5 or this section shall be subject to forfeiture,as a civil penalty to the state, of one hundred dollars($100)
Attachment No. 1
Page 3 of 13
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 the lower tier subcontractor's performance is in violation of the 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 tiered public works
contractor or subcontractor 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
accardance with the provisions of Section 1741, upon determination of penalties pursuant to s.ubdivision (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 govern proceedings for review of civil wage and
penalty assessments and the withholding of contract payments urider Article 1 (commencing with Section
1720) and Article 2 (commencing with Section 1770), shall apply.
j)(1) Where a contractor or subcontractor 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 the order to the contractor or subcontractor personally.
B) Leaving signed copies of the order with the person who is apparently iri charge at the site of the public
work and by thereafter 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,
or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the
procedures, time limits, and other requirements specified in subdivision(a) of Section 238.1.
Attachment No. 1
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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 upon him or her pursuant to subdivision (j) is guilty
of a misdemeanor punishable by imprisonment in county j ail not exceeding 60 days or by a fine not exceeding
ten thousand dollars ($10,000), or both.
1) 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 1,2018,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 1771.3 and shall be used only for the purposes specified in that section.
n) Th'ts section shall not apply to work performed on a public works project of.twenty-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 wo.rks 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 subject 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 contractor 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
contractor or subcontractor is not required to furnisH the records specified in Section 1776 directly to the
Labor Commissioner but shall retain the records specified in Section 1776for at least three years after
completion of the work.
5) The department shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
Attachment No. 1
Page 5 of 13
b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision(a) if either of the following occurs:
1)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, 2011.
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 proj ects
awarded on or after January 1, 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 behalf the contract is made or awarded,forfeit 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 contractor 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 subcontractor has a prior record of failing to meet its prevailing wage
obligations.
B)(i) The penalty may not be less than 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
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) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each
worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties
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 twenty dollars ($120) for each calendar day, or portion
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.
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
Attachment No. 1
Page 6 of 13
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 to 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 workers or unless the prime contractor fails to comply with all of
the following requirements:
1) The contract executed between the contractor and the,subcontractor 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 to 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 the subcontractar for work performed on the 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)T.he Division of Labor Standards Enforcement shall notify the contractor on a public works project within
15 clays of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a
subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
Section 1776. Payroll records; 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 journeyman, 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.
2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work.
perforxned by his or her employees on the public works project.
Attachment No. 1
Page 7 of 13
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 furnished 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 furnished upon request to a representative of the body awarding the contract and the Division of Labor
Standards Enforcement of the Department of Industrial Relations.
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 or the Division of Labor Standards Enforcement..If the requested payroll
records have not been provided pursuant to paragraph(2),the requesting party shall,prior to being provided
the records,reimburse the costs of preparation by the contractor, subcontraetors, 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 furnished 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 information 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 divisiori 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 after receipt of.a written request, .
e) Except as provided in subdivision (fl, 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 contract or the subcontractor
performing the contract shall not be marked or obliterated. Any copy of records made available for inspection
by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the
records for the 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 digits of the
social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-
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 preven 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 investigating 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
Force on the Underground Economy or to 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.
Attachment No. 1
Page 8 of 13
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 inform the body awarding the contract of the location of the records enumerated 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 subcontractor 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 contractor or subcontractor fails to
comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision ori whose
behalf the 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. [Jpon 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 subcontractor 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 California Public Records Act(Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of
1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the
release of these records, including the establishment of reasonable fees to be charged for reproducing copies
of records required by this section.
Section 1777.5. Employment of registered apprentices; wages; standards; number; apprenticeable
craft or trade; exemptions; 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 the jurisdiction of the
California Apprenticeship Council established pursuant to Section 3070.
b)(1) Every apprentice employed upori public works shall be paid the prevailing rate of per diem wages for
apprentices in the trade to which he or she is registered and shall_be employed only..at the work of the craft ar
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 test.
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
Attachment No. 1
Page 9 of 13
apprentice agreements under Chapter 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 contract is awarded by the state or any political subdivision, in performing
any of the work under the contract, employs workers in any apprenticeable craft 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 the 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,the decision of the apprenticeship program to approve or deny a certificate shall
be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs,upon
approving the contractor, shall arrange for the dispatch of apprentices to the contractor. 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 craft 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 information submitted shall include an estimate of journeyman 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 after concluding work on the contract, each contractor and subcontractor
shall submit to the awarding body, if requested, and to the apprenticeship program a.verified statement of the
journeyman and apprentice hours performed on the contract. The information under this subdivision shall be
public. The apprenticeship programs shall retain this information for 12 months.
fl 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 journeymen 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 journeyman work.
h) This ratio of apprentice work to journeyman work shall apply during any day or_portion of a day when
any journeyman 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 journeyman 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
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 craft or trade, the Administrator
Attachment No. 1
Page 10 of 13
of Apprenticeship, 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 certificate, 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 journeymen
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 contracts on an annual average of not less than one hour of apprentice work for every
five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate
exempting 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 the discretion to grant to a participating contractor or contractor association
a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the
contractor 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 apprentices 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 contract would create a
condition that would jeopardize his or her life or the life,safety, or property of fellow employees or the public
at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be
provided by a journeyman.
1) 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 applications for approval to local joint apprenticeship committees, if they are already
covered by the local apprenticeship standards.
m)(1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract,
employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director defermines 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
contributions in computing his or her bid for the contract.
2)(A) At the conclusion of the 2002-03 fiscal year and each fiscal year thereafter, the California
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
grants to approved apprenticeship programs for the purpose of training apprentices. The grant funds shall be
distributed as follows:
Attachment No. 1
Page 11 of 13
i) If there is an approved multiemployer apprenticeship program serving the same craft 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 that 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 Department 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 demoristrate how grant furids
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 tliis subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the
Legislature, 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 Iridustrial 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 with this section for all apprenticeable
occupations with the prime contractor.
o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not
bidding for work through a general or prime contractor when the contracts of general contractors or those
specialty coritractors involve less than thirty thousand dollars ($30,000).
p)An awarding body that implements an approved labor 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.
Section 1813. Forfeiture for violations; contract stipulation; report of violations
The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the
contract is made or awarded, forfeit twenty- five dollars ($25) for each worker employed in the execution of
Attachment No. 1
Page 12 of 13
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. Overtime
Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any
stipulation inserted 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 '/2
times the basic rate of pay.
Attachment No. 1
Page 13 of 13
ATTACHMENT NO. 2
CALIFORI IIA 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 constniction business performed on a public works project in the 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) of 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 registered mail or certified mail with return
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 proj ect and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled.
C) Payment of 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 California State University, the University of
California, a city, including a charter city, county, including a charter county, city and county, including a
charter 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 department.
iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction
pursuant to Chapter 11 (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 that department.
vi)The Department of General Services as to all other projects.
vii) The High-Speed Rail Authority.
4) "Public works project"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 type 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 of the 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 reasonable documentation to support the claim;
C) If the public entity needs approval from its governing body to provide the claimant a written statement
identifying the disputed portion and the undisputed portion of the claim, and the governing body does not
meet within the 45 days or within the mutually agreed to extension of time followirig 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 noticed 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)Any 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. 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 ar 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 portion that is undisputed. Any 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 identified 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 selection of the neutral mediator. 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 inchides any nonbinding process, including, but not limited to,
neutral evaluation or a dispute review board, in which an independent third party or board assists the parties
in dispute resolution through negotiation or by issuance of an evaluation.Any mediation utilized shall conform
to the timeframes in this section.
D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted
pursuant 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 rej ected 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 subcontractor 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 lower tier.subcontractor.A subcontractor may request in writirig,.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 entity shall furnish reasonable documentation to support
the claim. Within 45 days of receipt of this written request, the contractor 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 summary of it shall be set forth in the plans or specifications for any public
works project that may give rise to a claim under this section.
fl 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 requiremerits in addition to
the provisions of this section, so long as the contractual provisions do.not confliot 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 faihire of an awardee to meet its contracriial obligations. .
i)This section shall remain in effect only until January 1, 2027, and as of that 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
E HIBIT "A"
CONTRACTOR'S BID PROPOSAL
Beneath this sheet.]
4
Exhibit A:Page 1 of 24
tfF
G.
i i*
R*,
CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT 1NWW.cityoforange.org PHONE: (714)7 i4-7274 • FAX:(714)744-7251
PAINTING AT AMBRIa,GRI7ALVA&OLIVE PARKS
INFORMAL REQUEST FOR BID (RFB) NO. 20-21.16
Date: October 1, 2020
PROJECT NAME: Painting at Ambriz, Grijalva, &Olive Parks
Location Address: 611 W Riverbend, Orange, CA 92865
369 N Prospect, Orange, CA 92869
701 S. Glassell St., Orange, CA 92866
Contact Name: Dave Nobbs, Park Maintenance Supervisor,
Phone No.: 714-532-6468
E-Mail Address: dnobbs@cityoforange.org
PRO]ECT DESCRIPTION: THe City of Orange, CA, a Municipal Corporation, is requesting
qualified contractors to provide bids to replace the existing wood fascia where needed"in
kind,"and paint all wood, doors and trim. All work shall also conform to City of Orange
codes, ordinances and standards.The successful bidder may be awarded the contract to
complete the work at any one location or a combination of locations based on available
funding from the City.The work will generally include, but not be limited to:
The work will consist of all preparation, painting, finishing work, clean up and related
items necessary to compiete work described in these specifications and listed in the
remaining pages contained herein.
IRFB 20-21.16:Page 1 of 30
Exhibit A:Page 2 of 24
GENERAL PIROVISIONS:
1. A mandatory pre-bid meeting has been scheduled for Monday, October 5, 2020 at
9:00 a.m.The pre-bid meeting will begin at Ambriz Park(611 W. Riverbend) and then
progress to the other two park locations.
2. NOTE: All construction work shall be performed in adherence to City of Orange
Landscape Standards and Specifications (available at the Public Works counter for
NON-REFUNDABLE charge of $12.00 ($15.00 if mailed), the current edition of the
CalTrans "Green Book" and the City of Orange Park Development Standards and
Specifications. Contractor shall, at all times, carry valid insurance which meets all City
of Orange insurance requirements.
3. The contractor shall pay prevailing wages per the current Department of Industrial
Relations wage rate (including all scheduled increases) and furnish Certified Payroll
Reports for all workdays.
4. The contractor is responsible for carrying/acquiring all pertinent licenses/permits for
accomplishing this work.
5. Contractor shall obtain a City of Orange business license.
6. All work shall conform to the specifications contained in the Informal Request for Bids
and any subsequent Agreements.
7. Contractor shall be required to provide a $1,500.00 deposit for use of a City water
meter on'a City fire hydrant if required. Contractor shall be charged $2J5/day for
water meter rental and shall be responsible for all water charges associated with
project. Consumption charges of$2.59 per hundred cubic feet of water.apply.
8. Contractor shall, at all times, carry valid insurance, which meets all City of Orange
insurance requirements as outlined in Attachment No. 1.
9. The Hart Park picnic shelter and other existing park amenities are considered historic
and are to be protected and preserved in place.The Contractor acknowledges this and
will be responsible for any repairs for damage to said historic features that are due
and/or caused by the contractor or any individuals who are working under the direction
and/or authority of the contractor. Also, it is understood that in the event
repairs/restoration is required due to contractor damage,.all repairs will be made to
Historic Standards. The Contractor is to sign and return the Protection of Historic
Str uctures' Memo (Attachment No. 2) along with his/her submission of bid.
10.Working hours will be per City of Orange ordinance; 7:00 a.m.to 4:00 p.m.Weekend
work will only take place with permission from the City of Orange.
11.Vehicles: All vehicles used by the contractor are to be identified with door signs
approx. 20"x 16", magnetic sign okay) or equivalent with the company name and .
phone number. These need to.be visible from both sides of said vehicle.
12. Uniforms: All of contractor's employees shall wear appropriate uniforms at all times
while on duty. Uniforms must have the contractor's.name.
13. Backqround/Security: All personnel engage in performance of this work shall be
employees of the contractor and as such shall be warranted to possess sufficient
experience and security records to perform this work.
IRFB 20-21.16:Page 2 of 30
Exhibit A:Page 3 of 24
SCOPE OF WORK AND PRO]ECT SPECIFICATIONS:
The work will consist of all preparation, painting, finishing work, clean up and related
items necessary to complete work described in these specifications and listed in the
remaining pages contained herein.
A. De initions
1. Owner—usage of the term Owner"shall be construed to mean the City of Orange or
a duly authorized representative of the owner.
2, Properly` usage of the term "Property" shall be construed to mean the property
identified as Job on page 2 of this specification at which location the subject project
repaint shail occur.
3. Painting Contractor— usage of the term"Contractor"shall be construed to mean the
3rd party contractor performing the painting portion of the subject project
4. Pressure Washing Pressure wash or water blast to remove oil, grease, dirt, loose mill
scale, and loose paint with water at pressures of 2,500 - 3,500 psi at a flow of 3,0 — 3.5
gallons per minute.This is the recommended standard for optimal efficiency: -
b. Where mildew is present, remove mildew by scrubbing with a commercial mildew
remover or with a solution of one(1) part household bleach mixed in three (3) partS water
by volume. The solution should be left on the surface for a minimum.of twenty(20) minutes, rinsed thoroughly with clean water to remove any residue, and then allowed to
dry completely prior to appiication of patching/ caulking / prime J finish coat
systems.
5. Mock-Ups(if requested or required):
a. Apply mock-ups of each paint .system indicated and each color and finish
selected to verify preliminary selections made under Sample submittals and to
demonstrate aesthetic effects and set quality standards for materials and
execution. Owner or Owne"rs Representative/General Contractor, may require a
mock-up to be provided.If this case occurs,please contact your Dunn-Edwards .
Representative for details.
b. When mock-ups are perFormed, they shall be performed on the actual
substrate being coated with all surface preparation requirements being
followed prior to the mock-up instalfation.
c. If the.mock-up being done is for anything ather than color and.sheen approval
all recommended manufactures instructions outlined -on the PDS must be.
followed to ensure proper adhesion, and service ife.
B. Scope of Work
The work to be done includes furnishing all pain s, labar, tools, equipment, scaffolding,
and all other necessary equipment, supplies, and services to perform a complete and
thorough job of repainting the designated surfaces for the above named job. Each item
or area in these specifications is described by the most commonly used name, and
Contractor shall inform himself of the areas that are to be painted. Note: This Paint
Specification relates only to the surFaces that are specified.herein for this project and
IRFB 20-21.16:Page 3 of 30
Exhibit A:Page 4 of 24
represents the full.scope of work on which the bid shall be based; however, it may not
cover all painting work that is needed at the Properly.
C. laterials
1. All materials specified shall be acquired from the Dunn-Edwards Corporation.
2. All paint shall be delivered to he job site in its original container with the
manufacturer's label fully intact. '
3. The paint shall be used and applied per label and product information sheet
instructions. The material shali r ot be thinned or modified in any manner that
deviates from labe! and product ;information sheets in any way unless specified
herein. Proper surface preparation and conditioning shall be strictly adhered to
for ail substrates. All product :information sheets on specified rnaterials are,
availabie from your local Dunn-Edwards store or www.dunnedwards.com
4. All paint and sundries at the job site shall be available for inspection at any time
upon commencement of the jpb by the Owner and/or the: Dunn-Edwards .
Corporation.
D. Protection of Substrates Not to be Painted:
1. Cont-actor shall protect the work at all times and shall protect all adjacent work and
materials by suitable covering or other methods during progress of work. Contractor
shall protect all adjacent areas not;to be painted by taking appropriate, measur.es.
Areas to be protected include windpws, brick, surrounding lawn,, trees, shrubbery,
floor, steps, and any other surfaces which are not intended to be painted and which
could be damaged during the proj ct. Upon completion of work, Contractor shall
remove all paint droppings and over-spray from floors, glass, concrete and other
surtaces not specified to be painted.;
2. All landscape vegetation shall be covered prior to paint preparation so as not to cause
damage to existing plants. It is the responsibility of the Owner, as necessary, to trim. -
alf vegetation in such a manner as to reasonably minimize its inter erence.with
preparation and painting process ;including removing all vines and other plants
attached to the substrates to be painted.
3. Contractor shall immediately clean-up all accidental splatter, spillage, misplaced paint
and restore the affected surface to i s original condition.
4. Contractor shall provide and spread clean drop cloths when and where required to
provide the necessary protection.
E. Product Znformation tandards:
If instructions contained in this specification, bid documents or painting schedule vary
from the paint manufacturer's instruc ons or the applicable standards and codes listed,
surfaces shall be prepared and paint applied in accordance with the higher standard, as
determined by the Owner and/or Dunn=;Edwards.
TRFB 20-21.16:Page 4 of 30
Exhibit A:Page 5 of 24
P. Resolution of Conflicts
Contractor shall be responsible for requesting prompt clarification when instructions are
lacking or unclear, when conflicts occur in the specifications and/or paint manufacturer's
fiterature, or where the procedures specified are not clearly understood. Any questions
concerning.these specifications should be clarified prior to bidding the job. In the event
that questions or clarifications arise following award of the contract, it is the Contractor's
responsibility to obtain answers and/or clarifications prior to commencing work on the
project or he specific area in question, as appropriate. Any changes to these
specifications following bidding require written approval of the Owner.
G. Coordination of Work
Unless coordination of work is specifically assigned to a 3rd party such as a general
contractor, the Contractor shall be responsible for coordination of work with:the other .
crafts and parties working on the same job and with Owner.
H. Safety
1. All pertinent safety regulations including OSHA, Cal/OSHA, and/or other governing
bodies shall be adhered to rigidly. In addition, all safety procedures noted. an the
manufacturer's product information sheets and labels shall be observed. Material
Safety Data Sheets and Product Information Sheets are available from your locaf
Dunn-Edwards store, www.dunnedwards.com or representative.
2. CAUTION: Scraping or sanding surFaces of ofder buildings (especially pre-1978) may
release dust containing lead or asbestos. EXPOSURE TO LEAD OR ASBESTOS CAN BE .
VERY HAZARDOUS TO YOUR HEALTH. Always wear appropriate personal pr.otective
equipment during surface preparation, and finish cleanup of any residues.by water-
washing all surfaces. For more Information, see Dunn-Edwards brochure on"SurfacePreparationSafety" or call EPA's National Lead Information Hotline at 1-800-424-LEAD, or visit www.epa.gov/lead or /asbestos, or contact your state or local Health
Department.
I. 7obsite Protocol
1. Contractor is responsible for the finish of his work. Shouid any surface be found
unsuitable to produce a proper paint or sealant finish, Owner shall be notified in
writing,and no materials shall be applied until the unsuitable surfaces have been made
satisfactory. Commencing of work in a specific area on a specific surFace shall be
construed as acceptance of that surface and, thereafter, as fit and proper to receive
finish. Contractor shall be fully responsible for satisfactory work.
2. Contractor shall be responsible for visiting the job site and gaining familiarity with the
job and working conditions.
3. All work during application is subject to inspection by Owner.
4. It shatl be the Contractor's responsibility to own and use a wet film thickness gauge
to check application thickness as the work progresses.
IRFB 20-21.16:Page 5 of 30
Exhibit A:Page 6 of 24
7. Surface Preparation
1. Prior to application of prime/finish exterior coat systems, pr.ovide a clean, sound
surface free of dust, dirt contaminants, mildew and efflorescence by use of a power
wash and hand scraping or use of inechanical grinders where necessary. Additionally,
areas are to be scrubbed with a,bristle brush to insure complete removal of any
residual salts. Remove all labels, stickers, price tags, etc. from surFaces before
priming. Wood areas stamped withink codes must be spot primed with blocwng
primers. Power wash areas to be coated when dry to ensure that new salt deposits
do not occur. Failure to do so may cause adhesion issues or result in delamination
and invalidate any manufacturer warranty given or implied. After cleaning if there is
still chalk evident, this condition be brought to the owner's attention in writing before
any further work is done.
2. Sprinklers are to be shut-ofF for two days prior to application of any paints..For
sprinkler heads that are spraying the walls owner should consider reorienting them or
moving them at least 18"away from all walls to prevent etching.
3. All deteriorated or delaminated substrates (i.e. wood, hardboard siding, T1-11) shall
be replaced. New substrates such as exterior and interior finish lumber and miliwork,.
including doors and.window frames, trim cabinet work, etc. will be fully pr.imed:on alf
six sides with Dunn-Edwards specified primer prior to installation_to insure ,best
possible perFormance.
4. Remo e or replace loose or damaged caulk. Caulk joints requiring a flexibfe sealant
with GE-Lifetime 920/or equivalent in either smooth or textured. Such joints are
around windows, doors, and other substrate changes. NOTE: It is recommended to
apply all primer first and then apply caulk followed by reapp(ying primer before topcoat
is applied.
5. When preparing surfaces along coastal areas,they must be primed as soon as possible
so ocean moisture does not re-contaminate the substrates.
6. Knots and pitch streaks shall be scraped, sanded and spot primed before full priming
coat is applied. All nail holes or small openings shall be caulked after priming coat is
applied. Any wood that is rotten, cracked, delaminated or has water damage should
be replaced. Any loose or peeling paint should be removed by sanding and scraping.
All hard, glossy surfaces should be sanded down to create a suitable profile for new
paint to adhere. Milled wood should be sanded to remove mill glaze so primer or stain
can penetrate wood. Fill nail ho(es, imperfections and cracks with putty(color to match
primer). Edges, corners and raised grain shalf be eased by sanding. Caulk all joints
between wood items with an approved caulk. Address rusty nail heads, if necessary,
replace with non-ferrous nails or screws, countersink all protruding nail heads.
7. Wire brush all loose and peeling paint and dust all surFaces before spot priming or
applying finish coats. Industry standards apply to applications of cracks; voids, and
repairs. Any areas of repair shall be patched and dried before coatings are applied.
Cracks should be repaired as follows: 1. Cracks less than /4" wide shoufd be filled
using Dunn-Edwards Brush Grade Elastomeric Patch. 2. Cracks w9der than /a`should
be cut and scraped to a "V" shape and filled with Dunn-Edwards Trowel Grade
Elastomeric Patch. Large cracks to be V-grooved out prior to filling. Large cracks and
IRFB 20-21.16:Page 6 of 30
Exhibit A:Page 7 of 24
holes may require repeated applications of patching materials to bring flush with
adjacent substrate. All repairs and caulking to be feathered in to blend with adjacent
substrate.
8. Large holes in stucca / plaster/ concrete will be patched with Rapid Set Premium
Stucco Patch or Rapid Set Wunderfi oc Concrete Patching Compound in appropriate
texture to blend in with existing texture. Allow stucco patch to cure to acceptable pH
level (10) prior to application of prime / finish coat systems. Caulk large cracks in
stucco/ plaster/ cement with GE-Life Time 920.
9. Spot prime all cracks, then stucco to match existing,surface {evel and texture. Spot
prime over ail patched areas.
10.All galvanized gutters and flashing should be thoroughly cleaned to remove loose and
peeling paint.Any bare galvanized metal should be wiped down with a non-petroleum
solvent cleaner.
11.All ferrous metals should be thoroughly cleaned and all loose rust or mill scale be
removed by wire brush,scraper and/or power tool, such as an electric drill.with a wire
brush attachment. Any rust spots or bar.e metal should receive the appropriate prime
coat. Rust inhibited primer to be applied on all properly prepared surfaces in where .
rust is evident.Any hard, glossy surFaces should be dulled. Previously painted fe[rous
metal in sound condition should be washed down with a strong detergent-type cleaner
such as Krud- Kutter, Mi-Fiouse Wash or Simple Green.
12. hland tool clean per SSPGSP2 to sand all glossy surfaces to promote adhesion.
13. Power tool clean per SSPC-SP3 to remove loose rust and mill scale.
14. Prior to application of primer/finish coat system, r.emove all dirt, grease, and all other
surFace contaminants that will interfere with adhesion. Failure to do so may cause
adhesion issues.
15.All interior surfaces should be thoroughly cleaned and all loose or peeling paint be
removed by any mechanical means as necessary. Any bare surfaces should receive
the appropriate prime coat. Any hard, glossy surFaces should be dulled. Previously
painted ferrous metal in sound condition should be washed down with a strong
detergent-type cleaner such as Krud-Kutter, M1-House Wash or Simple Green.
16. Mildew on interior surfaces is aided in growth when there is a lack of ventilation, high
moisture content in the air, and fack of sunlight. Whenever possible,addressing these
conditions will help alleviate the problem in the future. To remove mildew, wash the
affected areas with the appropriate EPA approved solution: such as Zinsser ]omax
cleaners.
17.Water stains should be primed with a stain blocking primer_to prevent bleed through.
This should be done only after the source of the water has been alleviated, and the
surFace has thoroughly dried.
18. New plaster and masonry sur aces should be checked for alkalinity using
phenolphthalein. The surFace color will change to purple when excess alkaline is
IRFB 20-21.16:Page 7 of 30
Exhibit A:Page 8 of 24
present. If a neutral PH balance is not achieved, consult with your Dunn-Edwards
Representative for selective product solutions.
19. Patch all voids and holes with the appropriate patching material to match surrounding
surFaces. Sand, dust, and spot prime with the appropriate primer or finish listed in the
Finish Schedule.
20.Any bare galvanized metal should be wiped down with a non-petroleum solvent
cleaner.
21.Sand all thick edges of the remaining paint to featheredge and dust.
22. Fi{I a{I voids and holes and sand to match the surrounding substrate.
23. Spot prime all bare metal areas as well as all patched and filled areas with appropriate
primer as stated in the Finish Schedule.
24. Re-set all protruding nail heads and fill with putty where necessary. `
25.Spot prime all patched and filled areas as well as any new wood with the appropriate .
primer or sealer. Address rusty nail heads, if necessary, replace with noCi-ferrous nails
or screws, countersink all protruding nail heads.
K. Moisture
All areas that could cause paint failure due to moisture should be addressed and
eliminated, including but not limited to:
Res onsible Pa
q. o-s f+4- a.Ge
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T_V...)a.......F,.4 . .1 r^*T -`.
Repair gutters and Previous coats of paint not Repair or replace rotten
downspouts adhering properly wood
Correct areas impacted by Repair wood checking
sprinkler heads cracks and splits in wood)
Replace deteriorated
caulking
Caulk or seal gaps between
substrates
Avoid painting in inclement
weather
Avoid painting wet or damp
substrates .
IRFB 20-21.16:Page 8 of 30
Exhibit A:Page 9 of 24
L. Application
1. Contractor shall be responsible for notiflcation of Owner before beginning work if
conditions substantia(fy exceed Scope of Work.
2. Only skilled painters shall be employed. Applications may be by brush, roller or spray,
upon acceptance from Owner.
3. Please provide the utmost care of communication and pr.ofessionalism when
communicating with Owner.
4. Contractor shall protect work at alf times and shail protect all adjacent work and
materials by suitable covering or other method during progress of the work. Upon
completian of work, Contractor shall remove all paint, spills, and/or overspray from
adjacent surfaces. Remove from premises all rubbish and accumulated materials of
whatever nature not caused by others and leave the premises in a.clean, orderly, and
acceptable condition.
5. Protect hardware, accessories, device plates, lighting fixtures, electrical panel boxes
and covers, factory finished work, and all other similar items with proper masking .
materials or by remova{. Upon completion of scope of work,carefully rep(ace all
removed items. Whether such items were previously painted, these items should be .
painted as a part of this project also.
6. Materials shall be applied under adequate illumination, evenly spread and flowed on
smoothly to avoid runs, sags; holidays, brush marks, air bubbles and excessive roller
stipple.
7. All coats shall be dry to manufacturer's instructions before applying subsequent coats.
8. Coverage and hide shall be complete as per manufacturer recommendations. When
color, stain, dirt, or undercoats show through final coat of paint, surface shall be
covered by additional coats until paint film is of uniform finish, color, appearance and
coverage (regardless of amount of coats specified).
9. All mottled or unsightly irregularities in plaster or concrete after application of first
coat sha11 be touched-up to improve appearance prior to any subsequent coats.
10.When spray painting is specified, Contractor shall finish 100 ft2 by spraying a sampleoffinishuponrequestofOwner. This shall be finished with materials specified and
shall be called a Mock-Up.
11. Exterior doors shall have tops, bottoms,and side edges finished same as exterior faces
of doors.
12. Building by building inspections may be made by the Owner. Dunn-Edwards may also
provide periodic site visits for the purpose of extending the material warranty.
13.All repairs, replacements, and applications are to meet or exceed a{l manufacturers'
specifications and instructions, all applicable codes, as well as this specification.
IRFB 20-21.16:Page 9 of 30
Exhibit A:Page 10 of 24
M Workmanshiu &Apalication Conditions
1. Keep surfaces free of dust, dirt and debris before and during painting application.
2. Execute work in accordance with label directions. Coating application shall be
made in conformance to this specification and to the manufacturer's paint
instructions on the labels and product information sheets.
3. All work shall be accomplished by skilled workman familiar with and trained to do
this type of work, and they shall be further qualified to operate or use the
equipment or rigging needed to accomplish this work.
4. All shrubbery, outside carpeting and sprinkler systems shall be fuliy protected
against damage during each stage of the painting project.
5. Paint all previously painted surfaces to include but not be limited to: utilities and
phone boxes (if allowed by local utility companies), ground transformers, stair
systems, light poles and fixtures, pool fence, electrical boxes (meter boxes and
A/C main disconnects) and underside of balconies.
6. All exterior substrates designated not to receive paint coatings shall be.kept,free
of paint residue, i.e. windows, outdoor carpeting,walkways, etc.
7, Owner shall provide, if necessary, water and electricity from existing facilities.
8. Normal safety and"wet paint"signs, necessary lighting and temporary roping off
around work areas shall be installed and maintained in accordance with OSHA,
Cal/OSHA and/or other governing bodies' requirements while the work is in
progress.
9. A progress schedule shall be furnished by Contractor for approval and shall be
based on tlie contract completion date. Contractor shall advise the Owner of those
areas in which work is to be perFormed sufficiently in advance of the work schedule
to permit the Owner to prepare for the work, advise residents, move vehicles, etc.
10. Do not paint over any code required labels or any equipment identifi.cation,
performance rating, name or nomenclature plates.
Y..Weather
1. SurFaces must be clean and moisture free. Prime and paint as soon as possible. No
painting shall be done immediately after rain or foggy weather or when thetemperatureisbelow50 °F. Substrate temperature must be 5 °F or more above dew
point temperature while painting and during the coating's cure time. Avoid painting
surfaces while they are exposed to a full, hot sun.
2. Stop exterior painting early enough to permit paint film to set up before condensation
occurs (as caused by night temperature drops).
IRFB 20-21.16:Page 10 of 30
t
Exhibit A:Page 11 of 24
O. Color Schedule
1. Ideally, and for the most accurate bidding process, all colors should be chosen prior
to submittal of bids.
2. Regardless of timing of color selection or bidding and before work begins, Contractor.
is responsible for obtaining a written, final color approval from Owner.
3. When the new repaint color is the same as or similar to the existing color, a spot
prime effort followed by one (1) finish coat should provide sufficient coverage and
hide, assuming the use of a quality product. When the new repaint color is
significantly different from the existing color, one (1) coat of primer followed by two
2) finish coats may be required to provide adequate coverage and hide. Ultimately,
it is the Contractor's responsibility to determine the number of finish coats required
to achieve Owner's deslred Finish.
4. Where color is selected prior to bid submittal, Contractor shall bid one (1),two,(2), or
more finish coats; as appropriate to the color selected, and shall express y state :
number of finish and prime coats and type (full or spot) of prime coat.
5. When the final color has not been selected prior to bid submittal,Contractor may need
to bid additional coats when submitting their bid. The Owner should be aware that if
a color is chosen following the bid process and the color is significantly different from
original color, a change order for an additional finish coat might be required.
6. Owner should be aware that certain colors, especially darker tones, potentially fade
at a different rate than other colors, regardless of the product manufacturer, product
type,or substrate to which the product is applied. It is advisable for Owner to consult
with Dunn- Edwards early in the planning stage to assure the most durable
combination of tinting formulation is used to achieve the desired color.
7. This specification is written intending for the finish coats to cover. '
P. Warrantv
1. In accordance with the attached specification and painting systems,,the Dunn-Edwards
Corporation may, upon request, issue a project warranty-containing a material warranty
based upon product defect. Consult your Dunn-Edwards representative prior to final
approval of written specification.
IRFB 20-21.16:Page 11 of 30
Exhibit A:Page 12 of 24
MATERIALS LIST BY PARK
STEVE AMBRIZ PARK
Exterior IAOood
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S ot Prime: ULTRA-GRIP Premium Ac lic Multi-Pur ose Primer UGPR00 Series
First Coat:EVERSHIELD, Exterior/Interior Semi-Gloss Paint(EVSH50)
Second Coat EVERSHIELD, Exterior/Interior Semi Gloss Pa nt EVSH50
q' .U"*';,r'f5 9„ Y , '-, 6 5.., .<.._,.:""i.
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s"...t.TM.+.„ ;':?f...sl..a,a ax_.,,...ra..«. u5;wr.'rn`F^ t.e< .....r.f
A. Please refer to Section ]. Surface Pre aration Wood 4-7
B. Please refer to Section L. A lication 1-6
C. Main building,spot prime where wood repairs are made. Semi-gloss is recommended
for lon er color durabili and surface rotection.
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S ot Prirne: ULTRA-GRIP Premium Ac lic Multi Pur ose Primer UGPR00 Series
First Coat:EVERSHIELD Exterior Interior Semi-Gloss Paint EVSH50
Second Coat EVERSHIELD Exterior/Interior Semi-Gloss Paint EVSH50
a,,,y . .
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q. Please refer to Section J. Surface Pre aration Wood 4-7
B. Please refer to Section L. A lication 1-6
C. Main building,spot prime where wood repairs are made. Semi-gloss is recommended
for lon er color durabili and suifiace rotection.
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S ot Prime. ULTRA-GRIP Premium Ac lic Multi-Pur ose Primer UGPR00 Series
First Coat: EVERSHIELD, Exterior/Tnterior Semi-Gloss Paint(EVSH50)
Second Coat EVERSHIELD Exterior/Interior Semi-Gloss Pa nt EVSH50
w;.
a•.:.-. F T'
t Sh r..*+'.'f'
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A. Pfease refer to Section]. Surface Pre aration Wood 4-7
B. Please refer to Section L. A lication 1-6
C. Lattice structure, spot prime where wood repairs are made. Semi-gloss is
recommended for longer color durability and surface protection.
For lead safety, refer to Section H #2 on Safety and Dunn-Edwards PDS sheets under
S ecial Instructions.
IRFB 20-21.16:Page 12 of 30
Exhibit A:Page 13 of 24
GRI]ALVA PARK
Exterior Metal
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Spot Prime: ENDURAPRIME, Interior/Exterior Acrylic Rust Preventative Metal
Primer(ENPR00)
First Coat:ARISTOSHIELD, Interior/Exterior Semi-Gloss Paint ASHL50
Second Coat ARISTOSHIELD Inter or/Exter or Semi Gloss Paint ASHL50
x R
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A. Please refer to Section J. SurFace re aration metal 11-14
B. Please refer to Section L. A lication 1-6
C. ist&2nd picnic structures - spot prime where oxidation is sanded or metal repairs
are made. Semi- loss is recommended for lon er color durabili and sur ace rotection.
Exterior Wood
M, ^ . ,3,"'.,i.'"6'Xy:*"I°v:y-''h L'vn'u`r'`',,?ti..'S:
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S ot Prime: ULTRA-GRIP Premium Ac lic Multi-Pur ose Primer UGPR00 Series
First Coat: EVERSHIELD Exterior/Interior Semi-Gloss Paint EVSH50
Second Coat EVERSHIELD, Exterior/Interior Semi-Gloss Paint EVSH50
T , .._ _ . . . rz:- . - . , .. _,.sa y--^{t7ly'''.
A,-'.
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A. Please refer to Section J. Surface Pre aration Wood 4-7
B. Please refer to Section L. A lication 1-6
C. 1st &2nd picnic structure - spot prime where wood repairs are made. Semi-gloss is
recommended for lon er color durabili and surFace rotection.
r 3...w.«. ,. .. _. 1 ,r tr,.F a _r< .a£F 4S rfzro .::
i"s#,.c*fi'w s?@ Pt:"'.'Lr Fh.s?'?
r:. -. .- .*,'=y_ .,. '-° _._`S i.e?v"':T':!_u,,x:w S,a"..,t' .:.":k_.r.,',;..
S ot Prime: ULTRA-GRIP Premium Ac lic Multi-Pur ose Primer UGPR00 Series
First Coat: EVERSHIELD Exterior/Interior Semi-Gloss Paint EVSH50
Second Coat EVERSHIELD Exterior Interior Semi-Gloss Paint EVSH50
x, =rc
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R. Please refer to section J. Surface Pre aration Wood 4-7
B. Please refer to section L. A lication 1-6 .
C. Recrea ion building & lattice structure - spot prime where wood repairs are made.
Semi-gloss is recommended for longer color durability and surface protection.
For lead safety refer to section H #2 on safety and Dunn-Edwards PDS sheets under
s ecial instructions.
IRFB 20-21.16:Page 13 of 30
Exhibit A:Page 14 of 24
HARY PARK
Exterior Wood
e. -....
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l s.._,..,.....x?^«..:s,,,,.a....a„ . ,..a
S ot Prime: ULTRA-GRIP Premium Ac lic Multi-Pur ose Primer UGPR00 Series
First Coat: EVERSHIELD, Exterior/Interior Semi-Gloss Paint EVSH50
Second Coat EVERSHIELD, Exterior/Interior Semi Gloss Paint EVSH50
yat t .4 ) ''ST.. .
re
L
a.r...4+1,...•ti`-..N''`-.f,...: _
w..`;_ -
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r t...t..
A. Please refer to Section ]. Surface Pre ration Wood 4-7
B, Pfease refer to Section L. A lication 1-6
C. Picnic structure - spot prime recommended where wood repairs are made. Semi-
loss is recommended for lon er color durabili and surface rotection.
s. ."Yr ti["'rttf0,m^ °i p * :, I'2fiF . ....tt? y f--..y 1•r5....-n 1- ^r s M }}..'......
s"-s«v`?<1.Y1 .,:t.:i-..r,`"'e-;5wr,..,...'a`,5.4..-c 4`? _., . +.,.._.e:_.._.au...k>,..r._..,.
S ot Prime: ^ ULTRA-GRIP Premium Ac lic Multi-Pur ose Primer UGPR00 Series
First Coat: EVERSHIELD, Exterior/Interior Semi-Gloss Paint(EV5H50)
Second Coat EVERSHIELD Exterior/Interior Semi-Gloss Paint EVSH50
r'
ar`
r .:`"r.'"f,y-{". . . .. .... .
e KWy'-tM ..i a c s. ..a! .r j:
s.s `i,`.`..
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A. Please refer to Section ]. Surface Pre aration Wood 4-7
B. Please refer to Section L. A lication 1=6
C. Lattice structure, spot prime where wood repairs are made. Semi-gloss is
recommended for longer calor durability and surface protection.
For lead safety, refer to Section H #2 on Safety and Dunn-Edwards PDS sheets:under
S ecial Instructions.
IRFB 20-21.16:Page 14 of 30
Exhibit A:Page 15 of 24
SPECIAL INSTRUCTIONS:
1. Contractor to submit a 10% Bid Bond with bid package.
2. This project requires a payment bond.
3. The Contractor shall provide with this RFB a minimum of three (31 references of
commensurate/equal work with cities and/or municipalities. References shall
represent/include:
Work completed within the last three (3) years.
A description and location of said work.
An approximate cost of said work.
A contact person and phone number to verify work.
4. The City reserves the right to reject any contractor who they feel does not meet a
qualifying work experience or satisfying references.
5. The City reserves the right to reject at any time any or all bids, or parts thereof, and
to waive any variances,technicalities and informalities which do not impair the quality,
or performance of the project.
6. Facisting site amenities (ex. building, sidewalks, walis, etc.) are to be protected from .
all construction work. Any damage to any existing site amenities inciuding irrigation
outside of the work area and associated landscape that may be affected by this work
will be repaired or replaced at the contractor's expense to the satisfaction of the City ,.
of Orange.
7. Ail work must match existing aesthetics, with the same quality or better.
TIMELIN(APPROXIMATE):
1. Job walk:October 5, 2020 at 9:00 am.
2. Deadline for questions regarding project/RFB:October 8, 2020 by 12:00 p.m.
3. Bids due/bid opening: October 15, 2020 by 2:00 p.m.
BID SUBMISSION:
Provide response to the above REQUEST FOR BIDS on attached Bid Sheet and return all
pages of the Request for Bids (including the scope and specification sections),
references, and bid bond.
Bids must be received on October 15, 2020 by ;.QO P•M, at the City of Orange City
Clerk's Office (300 E. Chapman Ave., Orange, CA 92866). Responses may be sent via
U.S. Mail, or delivered personally to the above address. p a {yovide three conies
of bid o ckets. On original and tvvo initialed copies are acceptable.
Bid ackets n ust be labelled aouro riatelv:
ItFB 20-2f.16- Painting at Ambriz, Grijalva, and Hart Parks
Attn: Purchasing Department-David Nobbs
The City reserves the right to reject any and all Bids and any item on items
therein, and to waive any non-conformity of ids with this Request for Bids,
whether of a technical or substantive nature, as the interest of the City may
require.
IRFB 20-21.16:Page 15 of 30
xhibit A:Page 16 of24
BID SHEET
RFB 20-21.16: Painting at Ambriz, Grijalva and Hart Parks
Date: D
Bid Submitted by:
Company Name:
Address:
Phone #: 1' 12-Z I
E-maif Address:
Contact Name:
h,.S P n:r-
Signature of Responsible Officer/Employee Print Name
The stated bid amount below constitutes the total dollar amount to perform the work .
described in the above scope of services to include all that is required to provide the work
product and/or instali all materials required to complete the work to a professional
workmanship standard, and to install and apply all materials per the approved landscape
plans and all manufacturer's specifications and recommendations.
Contractor represents and warrants that it has thoroughly investigated and considered the
scope of services and fully understands the difficulties and restrictions in performing the
work. Contractor represents that it is experienced in performing the work and will follow
professional standards in performance of the work. All services provided shall conform toallfederal, state and local laws, rules and regulations and to the best professional
standards and practices.
id may be submitted on company form in place of this bid sheet. The successful bidder
will be awarded the contract to complete the work in any one location or combination of
locations based on available funding from the City.,
Location Bid Amount:
rt Park 00 .
Wood replacement(in kind, primed and painted per linear foot)
2"x 4" (Installed) $8 do
2"x 6" (Installed) $ t2.80
2"x 8" (Installed) $' c
4"x 4" (Installed) $fl ao
4"x 6" (Installed) $ 14, +n
4"x 12" (Installed) $-.es
Other wood dimensions noted by contractor: Size Amount $t(._
IltFB 20-21.16:Page 16 of 30
Exhibit A:Page 17 of 24
INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the folfowing information. Additional sheets may be attached if necessary.
1. State the number of consecutive years of experience as a licensed general building contractor holding
a Class c-33 license in the State of California: 699345
2. List at least three (3) projects you have completed as the prime contractor that are similar to the
project that is the subject of this invitation to bid In terms of construction type and/or method,size ofprojectwithrespecttoareaorvolume,and contract dollar amount. Such experience shall have beenacquiredwithinthepastthree(3)years prior to the date of submittal of this bid:
CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED N AME,A D D S S a d PHONE
1 $66,800.00 07/24/2020 Rowlan nifie c oo D s r ct E.Vlila Corta St La Puente,CA 91744
C-33 Painting Edc JOq9S:.(62 O1^CC°F"•05
OJI03/2020 Rlverside County Offlce of Education:4383 Tequesquite Ava.Rlverside,CA 92501
2, $2,275.0 C-33 PainBng , MarcAranda(951)8261 219
G33 Paintlng 07 17/2020 City of Orange:188 N.Atchlson,Orange,CA 92866 —
3, $16,900.00 Paul Miller(7141532-6472
8weetwater lJnion Hlgh Sehool District 1057 Pieador Hlvd.San Dlego;CA 92764
4, $127,000.00 c33 Paintins 06/28/2018 Suzanne Gamaz:(619)881-5540
S.
6.
3. For the projects you have described in Item No. 2, above, please give a description of the scope of
work perFormed by you as the prime contractor:
1. Exterior Paintin at Vill corta Elementa
2, Exterior Painting for Arlanza and Murrieta Head Start Facilities
3, Painting Exterlor Wood Trim of Santa Fe Train depot and Ruby's Diner
LF, Exterlor Palnting at Montgomery Mlddie School
5.
6.
4. If requested by the City of Orange, the Bidder shall furnish a notarized financial statement,financialdata, or other information and references sufficiently comprehensive'to.permit an appraisal of his
current financial conditions.
5. Bidder shali signify receipt of all Addenda here,if any. (NOTE: Any verbal instructions given to bidder
inquiries in the form of addenda wili be acknowledged by the bidders on,written addenda available at
the place of the bid openi g 30 minutes prior to the bid opening.)
ADDENDUM DATE RECEIVED BID ER'S SIGNATURE
1O-q-2020 R
IRFB 20-21.16:Page 21 of 30
LIST CiF SUBCONTRACTS
o
A. Q The undersigned intends to subcontract a porbon of this project to the following subcontracts(Note: Refer toSection2.3 of the Standard Specifications and Section 4100 througfi 4113 of the California Contract Code for
SUBCONTRACT DISCLOSURE REQUIREMENTS.
x
w
NAME OF SUBCONTRACfOR IICENSE BID ITEM NUMBER(s)PERCENT OF CHEIX IF DESCRIBE WORK WHEN AMOUNT
BID ITEM SPEQALIfY LESS THAN 300%OF WORK BroMOUNf
AND ADDRE55 N0.
SUBBEp ISSUBBED
B. The undersigned DOES NOT INTEND to subcontract any portion of this project.
NOTE: The bidder shall check Box A or B as applicabte. If the bidder does not check either box, it will be deemed that he has checked Box B.
Signa ure of the Bidder
IltFB 20-21.16:Page 22 of 30
Exhibit A:Page 19 of 24
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376,Stats. 1985),the bidder hereb declares
under penalty of perjury under the laws of the State of California that the bidder has _, has not een
convicted
within the preteding three years of any offenses referred to in that section, including any charge of fraud, bribery,collusion,:conspiracy,or any other act in violation of any state or Federal antitrust law in connection with the bidding
upon,award of,or performance of,any public works contract,as defined in Public Contract Code Section 1101,with
any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University ofCaliforniaortheTrusteesoftheCaliforniaStateUniversity. The term "bidder"is understood to include any partner,
member,officer,director, responsible 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 not" in one of the blank spaces provided.The
above Statement is part of the Proposal. Signing this Proposai on the signature portion thereof shali also
constitute slgnature of this Statement. Bidders are cautioned that making a false certification may subject
the certifler to criminal prosecution.
Public Contract Code Section 10162.Questionnaire
In conformance with Public Contract Code Section 10162,the Bidder shall complete,under penalty of perjury,the
foilowing questionnaire:Has the bidder,any officer of the bidder,or any employee of the bidder who has a proprietary interest in the bidder,ever been disqualified, removed,or otherwfse prevented from bidding on,or completing a federal,state,or local
govemment project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the following space.
Pubiic Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232,the Contractor,hereby states under penalty of perjury,thatnomorethanonefinalunappealablefindingofcontemptofcourtbyafederalcourthasbeenissuedagainstthe
Contractor within the immediately preceding two year period because of the Contractor's fai ure to comply with anorderofafederalcourtwhichorderstheContractortocomplywithanorderoftheNatianalLaborRelationsBoard.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to criminaf
prosecution.
IRF'B 20-21.16:Page 23 of 30
Exhibit A:Page 20 of 24
Non-collusion Affidavit
Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the C1TY OF ORANGE— DEPARTMENT OF COMMUNITY SERVICES
In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the
bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or,corporation; that the bid is genuine
ana ,not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directl.y 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; that the bidder has not in any manner, directly or indirectly, 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 cost element of the bid price, or of that of any
other bidder,or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and,
further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fiee to any corporation, partnership, company association,
organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
Note: The above Non-coilusion Affidavit is part of the Proposal. Signing this Proposal
on the signature portion thereof shall also constitute signature of this Non-
collusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
IRFB 20-21.16:Page 24 of 30
Exhibit A:Page 21 of 24
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49,CODE OF FEDERAL REGULATIONS,PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other
person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any Federal agency;
has not been suspended, debarred, voluntarily excluded or determined ineligible by any
Federal agency within the past 3 years;
does not have a proposed debarment pending; and
has not been indicted, convicted, or had a civil judgement rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
If there are any exceptions to this certification, insert the exceptions in the folfowing space.
Exceptions will not 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, initiating agency,
and dates of action.
Notes:Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
IItFB 20-21.16:Page 25 of 30
Exhibit A:Page 22 of 24
The undersigned bidder hereby represents as follows:
That no Councilman, officer, agent, or employee of the City of Orange, is personally interested, directly
or indirectly, in the Contract, or the compensation to be paid hereunder:
That this bid is made without connection with any person,firm or corporation making a bid for the same
work, and is in all respects fair, and without collusion or fraud.
By my signature on this proposal I certify, under penalty of perjury under the laws of the State ofCalifornia, that the foregoing questionnaire and statements of Pubiic Contract Code Sections 10162,
10Z32 and 10285.1 are true and correct and that the bidder has complied with the requirements of
Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Titie 2 of the
California Administrative Code). By my signature on this proposal I further certify, under penalty of
perjury under the faws of the State of California and the United States of America,that the NoncollusionAffidavitrequiredbyTitle23UnitedStatesCode, Section 112 and Public Contract Code 5ection 7106; .
and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true
and correct.
Date: O ' ( ' o a.0
Si gn
4r `
He re
Signature and Title of Bidder
If an individual, so state. If a firm or co-partnership,state the firm name and give the names of all individual w-partners
mmposing the firm. If a corporation, state legal name of corporation, also names of President, Secretary, Treasurer and
Manager thereo.
NAME OF BIDDER ,_ 'O r
BUSINESS P.O. BOX R
CITY,STATE, ZIP nl'
BUSINESS STREET ADDRESS ' V e
Please mclude ev;s.used)•
CITY,S7ATE, ZIP O1. Y' "` ; C
PLACE OF BUSINESS(Include City&State)
PLACE OF RESIDENCE (Include City&State) nICl-- G
Telephone No.((D(pQ?_1--2"7' Fax No.() —-
Licensed in accordance with an Act providing for the registration of Contractors.
LICENSE NUMBER .D a 7
LICENSE CLASS 33
IltFB 20-21.16:Page 26 of 30
Exhibit A:Page 23 of 24
Attachment 1
M 1110
To: Potential Bidder
From: Dana Robertson,Parks and Facilities Manager
Date: October 1,2020
Subject: Protection of Aistoric Structures Pain 'n at Hart Park
The City of Orange wants you to be awaze of its historic Disirict,primarily in Old Towne that includes
many structures and contributing elements.Hart Park and Plaza Park,which are in this District,contain
historically significant structures and elements that must be protected.
As a valued partner using the facilities, or a contractor for the City of Orange responsible for the
maintenance or improvements of these historically significant park sites, it is incumbent upon your
members or employees to protect the structures and elements from being damaged as a result of their
activities.
Plaza Park is particularly historic,ha.ving originally been constructed in fh.e late 1800s during the City's ,,
infancy.The Plaza fountain,in its current state,was built in the 1930s and is a cherished and significant
attraction for residents,businesses, and visitors alike. The Hart Pazk pool building and band shell aze
historic structures on the National Registry as contributing significantly to Old Towne Orange Historic
District.In fact,all of the north section of Hart Pazk,including the creek bottom/pazking lot and walls
is a contributor to the Distric
As stewards of our historical resources,please pay special attention to how you conduct your activities
or work while in these parks.It is up to you to help preserve these important City treasures so they aze
here for generations to come. It is important to understand that your role as a permitted user or City of
Orange contractor requires you to use good judgYxient while conducting your activities or executing your
duties and responsibilities and not put the historic stnictures or elements at risk of damage.They cannot
be replaced and damage to them requizes repairs,altering their original construction,Negligence on the
part of any permitted user or contract employee causing damage to these historic struclures or elementswillnotbetoleratedandmayresultmrevocationofpermitsorthecontractemployeebeingdisqualified
to perform work in City pazks,and may also result in tlie termination of your contract with the City of
Orange.
Thank you for being good stewards of our precious historical resources.
I acknowledge that I have read,understand and will comply with the above guidelines. (Return one
signed copy to the City.)
1 p ,U-Ge,l 9
Print Name&Ti e pID I`Q' Signature Date
cc: Bonnie I?agan,Leslie Hardy,and Dana Robertson
IRFB 20-21.16:Page 29 of 30
Exhibit A:Page 24 of 24
pF OR
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N'''`' CITY OF ORANGE
COMMUNITY SERVICES DEPARTMENT www.cityoforange.org PHONE: (714)744-7274 . FAX:(714)7447251
ADDENDUM #1
Informal Request for Bid (RFB)
Bid No. 20-21.16
Painting at Ambriz, Grijalva, & Olive Parks
October 9, 2024
This addendum serves as written notice of the following, corrections, ciarifications,
additions and/or deletions to any and all copies of the informal Request for Bid(Bid No.
20-21.16).
The Engineer's estimate for this project is $25,000.
Ambriz Park
Building doors, restroom doors(inside and outside) and air conditioner enclosure are
included in scope of work along with all lattice and wood trim.
Baseball backstops are not part of this contract.
Paint to be Dunn Edwards Chaps DE6049 Evershieid semi-gloss
Hart Park
Bird nest should be protected in place until after nesting season, November first.
Painting of picnic tables in shelter area are not part of scope.
Paint to be Dunn Edwards Tobacco Brown and Adobe Evershield semi-gloss .
Grijalva Park
Scope of work includes trellis around sports center, two trash enclosures, two hitching
posts, storage enclosure, two picnic gazebos and community building,
Spike strips on ledges need to be removed and reinstalled after painting is campleted
Grijalva Community building-painting to include roll-up doors, window cages, restroom
doors(inside and outside) and window trim,
Paint to be Dunn Edwards Evershield semi-gloss colors to be determined.
The project will be awarded for each park based on the lowest lump sum for that park. Any wood
replacement will be recommended by the contractor and approved by the City representative,
Respectfully Submitted,
David Nobbs
Park Supervisor
dnobbsC a cityoforange.a
1