03.21 Roof Coating Police Headquarters Water Yard ���pFP�1Q,��� �
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February 12, 2019
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Christopher Cash, Public Works Directo
REVIEW: City Man er Finance �
1 . SUBJECT
Award Bid No. 189-17, Roof Coating at Police Fieadquar#ers and V1later Yard to Wiltshire
Urethane Foam Company.
2. SUMMARY
Bids for the Roof Coating at Folice Headquarters and Water Yard Project were received
and opened on January 24, 2019. Seven Bidders responded to the notice inviting bids.
The apparent low bidder is Wiltshire Urethane Foam Company of San Dimas, California
in the amount of $244,694.
3. RECOMMENDED ACTION
1: Authorize the appropriation of $40,000 from Water Utility Operations unreserved fund
balance to expenditure aceount number 600.5028.56020.19809, Capital Improvement
Plan City Facility Improvements.
2. Award the contract in the amount of $244,694 to Wiltshire Urethane Foam Company
of San Dimas, California and authorize the Mayor and the City Clerk to execute on
behalf of the City.
4. FISCAL IMPACT
The total expenditure for this contract is $244,694 and will be funded in City Facility
Improvements (19809) through:
Major Building Improvements (725) $171,181
Water Utility Operations (600) 73,513
TotaL• $244,694
ITEM 3 • a � � 02/12/2019
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure necessary to ensure the safety of the public.
Goal 4: Provide outstanding public service �
b: Provide facilities and services to meet customer expectations.
6. DISCUSSION AND BACKGROUND
The City Council previously approved advertisement for bids on December 11, 2018. The
bid solicitation was advertised on December 27, 2018 for a period of four weeks and bids
were opened on January 24, 2019. Seven bids were received as follows:
Total Bid
1. Wiltshire Urethane Foam Company, San Dimas, CA $244,694
2. Bell Roof Company, Inc., Colton, CA $290,834
3. Newbuild Construction and Restoration, Inc., Orange, CA $294,350
4. Best Contracting Services, Inc., Gardena, CA $327,865
5. Cook Coating, Inc., Temecula, CA $340,546
6. Brazos Urethane, Inc., Madera, CA $355,004
7. Universal Coating,lnc., Fresno, CA $677,582
Wiltshire Urethane Foam Company is the apparent low bidder. Wiltshire Urethane Foam
Company previously installed the roof coating to the Senior Center in March 2015, and
the project was completed within the project specifications and on schedule to the
satisfaction of the City. Staff recommends to award the contract to Wiltshire Urethane
Foam Company of San Dimas, California.
The Citywide Facilities Conditions Assessment (FCA) report was completed in October
2016 and identified Critical (Priority 1) projects. This project addresses the reroofing
component of the FCA. In addition to the FCA recommendations, there have been
isolated leaks reported in the built-up roof that have been locally patched in the past. This
project will apply a minimum of 1.5"of Polyurethane foam coating over the existing roofing
system. This alternative is a cost effective solution in lieu of a complete removal and
replacement of the existing roof system and is expected to extend the service life of the
roof by at least ten years.
The project site is the Orange Police Headquarters and Water Yard Admin Building
located at 1107 N Batavia Street and 189 S. Water Street, respectively. Also, included
with this project is the storage building at the Water Yard. During recent rainstorm event,
severe roof leaks were discovered in this building. The total construction cost, including
contingencies and staff time, is $358,006. Construction is scheduled to begin in March
2019 and is expected to be completed within 45 calendar days.
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) under CEQA guidelines Section 15301 "Existing
Facilities" Class 1 (c). The CEQA Notice of Exemption was filed with the County
Recorder's Office on January 23, 2019.
7. ATTACHMENT
1. Agreement
2. Bid Abstract
ITEM 2 02/12/2019
CONTRACT
[Roof Coating at Police Headquarters and Water Yard(Bid No. 189-17)]
THIS CONTRACT (herein referred to as the "Contract") is made and entered into as of
, 2019 (herein referred to as the "Effective Date") by and between the
CITY OF ORANGE, a municipal corporation ("City"), and WILTSHIRE URETHANE FOAM
COMPANY, a California corporation(the "Contractor"),with its principal office for purposes of
this Contract at 903 Sonora Ct. in the City of San Dimas, State of Califomia.
ARTICLE I
For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City, and under the conditions expressed in the two (2) bonds
presented to the City with this Contract and incorporated herein by this reference, Contractor
hereby agrees to and shall do all the work and furnish all the labor, materials, tools and
equipment, except such as are mentioned in the specifications to be fiirnished by the City to the
Contractor, necessary to complete in good workmanship and substantial manner the work(herein
referred to as the"Work") described in:
(1) The latest edition of the "City of Orange Standard Plans and Specifications"
(herein referred to as the "Orange Book") with "Engineer", as used in the
• Orange Book and in this Contract,to specifically include the City Engineer(or
his designee);
(2) The "Standard Specifications for Public Works Construction (herein referred
to as the"Green Book"), and all amendments thereto;
(3) The "City of Orange Standard Special Provisions" attached hereto as
Attachment No. 1 and incorporated herein by this reference (herein referred to
as the"Special Provisions");
(4) Technical Specifications attached hereto as Attachment No. 2 and
incorporated herein by this reference; and
(5) The Contractor's Proposal, which is on file with the City's Deparhnent of
Public Works.
The Contractor acknowledges that it has received the Plans from the 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 the Green Book are on file with the
City's Public Works Director and are hereby specifically refened to and by such reference made
a part hereof. The Contractor hereby acknowledges that it has read, reviewed and understands
the Plans, the Standard Plans, the Orange Book, the Green Book, the Special Provisions, and the
City of Orange Special Provisions and Encroachment Permit as they relate to the Work, all of
which documents shall be referred to herein collectively as the "Plans and Specifications".
Contractor shall be aware of Chapter 8.28 of the Orange Municipal Code which requires, among
other things, that Contractor utilize the 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.
The Work is to be performed in conformity with the Plans and Specifications and the
Proposal and all applicable laws, including any and all applicable federal and state labor laws
and standards and applicable prevailing wage requirements and any and all state, federal and
local statutes, regulations and ordinances relating to the protection of human health or the
environment.
Unless and until otherwise notified in writing by the City's Public Works Director,
Randy Nguyen, the City's Principal Engineer (herein referred to as the "Authorized City
Representative"), shall be the person to whom the 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 the
City's Public Works Director may designate from time to time, that Contractor shall coordinate
the Work hereunder with the Authorized City Representative to the extent required by the
Authorized City Representative, and that all performances required hereunder by Contractor
shall be performed to the satisfaction of the Authorized City Representative or the City's Public
Works Director.
ARTICLE II
� Contractor agrees to commence the Work provided for in this Contract within ten (10)
days of the date of the issuance by the City of a Notice to Proceed and to diligently prosecute
completion of the Work within forty five (45) calendar days from such date, unless legal
extension is granted in accordance with the terms set forth in the Green Book.
ARTICLE III
The Contractor agrees to receive and accept the amount of TWO HLTNDRED FORTY-
FOUR THOUSAND SIX HUNDRED NINETY-FOUR DOLLARS and 00/100 ($244,694.00) as
full compensation for furnishing all materials and doing all the Work contemplated and
embraced in this Contract; also for all loss or damage arising out of the nature of the Work
aforesaid, or from the acts of the elements, or from any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the Work until its acceptance by the
City, and all risks of every description connected with the Work, also for all expenses incurred
by or in consequence of the suspension or discontinuance of the Work, and for well and
faithfully completing the Work, and for the whole thereof, in the manner and according to the
' Plans and Specifications, and requirements of the Authorized City Representative under them.
ARTICLE IV
It is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid or proposal of the Contractor, then this
. Z
instrument shall control and nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
ARTICLE V
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 VI
The Contractor guarantees the construction and installation of all work included in the
Plans and Specifications for which the Contractor has been awarded this Contract.
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, worlananship,
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 specified in this Contract is accepted by the City, the 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 the City.
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.
In the event repairs are not made within fifteen (15) calendar days after the Contractor's
receipt of a demand from the City, the City shall have the unqualified option to make any needed
repairs or replacements itself or by any other contractor. The Contractor shall reimburse the
City, upon demand, for all expenses incurred in restoring said Work to the condition
contemplated in this Contract, including the cost of any equipment or materials replaced.
It is understood that emergency repairs, by necessity, may be made by the City.
Therefore, when defective equipment, materials or workmanship results in emergency repairs by
the City, the Contractor shall reimburse the City, upon demand, all expenses incurred.
Emergency repairs will be deemed as those repairs determined by the 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 the City.
ARTICLE VII
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.
Prevailing wage determinations exist for certain crafts since 1977. To the extent that the
Contractor's employees will perform any work that falls within any of the classifications for
which the Deparhnent of Labor Relarions of the State of California promulgates prevailing wage
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determinations, the Contractor hereby agrees that Contractor, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workmen. The general
prevailing wage determinations for crafts can be located on the web site of the Deparhnent of
Industrial Relations (www.dir.ca.�ov/DLSR). It is our understanding that it is the practice and
policy of the Deparhnent of Industrial Relations to refrain from enforcing prevailing wage
obligations for any work that falls outside the scope of work referenced for a particular craft or
classification. Additionally, to perform work under this Contract, Contractor must meet all State
registration requirements and criteria, including project compliance monitoring.
Attached hereto as Attachment No. 3 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. The Contractor hereby acknowledges that it has read, reviewed
and understands those provisions of the Califomia Labor Code and, accordingly, hereby agrees
to and shall prosecute and complete the Work under this Contract in strict compliance with all of
the terms and provisions contained in those provisions of the California Labor Code.
The Contractor hereby agrees to and 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, the 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."
The Contractor hereby agrees to and shall indemnify, protect, defend and hold harmless
the City and its officers, employees, contractors and agents, with counsel reasonably acceptable
to City, from and against any and all loss, liability, damage, claim, cost, expense, andlor
"increased costs" (including reasonable attorney's fees, court and litigation costs, and fees of
expert wimesses) 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 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.
A1tTICLE VIII
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 the Contractor, his agents,
representatives, employees or subcontractors.
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Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00
O1).
2. Insurance Services Office Form Number CA 00 O1 covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
Contractor shall maintain limits no less than:
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.
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to the City, it officers, officials and employees; or the Contractor
shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and
related investigations, claim administration, and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be
endorsed to contain,the following provisions:
1. The City, its officers, officials, agents and employees are to be covered as
additional insureds with respect to liability arising out of automobiles owned, leased, hired or
borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or
operations performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work or operations. General Liability coverage shall be
provided in the form of an Additional Insured Endorsement (Insurance Services Office, Inc.
Form CG 20 10 11 85 or such other form as may be acceptable to the City) to the Contractor's
insurance policy, or as a separate owner's policy.
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2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance with respect to the City, its officers, officials and employees. Any insurance
or self-insurance maintained by the City, its officers, officials and employees shall be excess of
the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be canceled by either party, except after thirty (30) days' prior written notice
has been provided to the City.
The Contractor shall fumish the City with original certificates of insurance and
endorsements effecting coverage required by this clause. The endorsements should be on forms
acceptable to City. All certificates and endorsements are to be received and approved by the
City before work commences. However, failure to do so shall not operate as a waiver of these
insurance requirements. The 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.
All insurance procured and maintained by the Contractor shall be issued by insurers
admitted to conduct the pertinent line of insurance business in the State of Califomia and having
a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating
Guide.
Contractor shall immediately notify the City if any required insurance lapses or is
otherwise modified and cease perfortnance of this Contract unless otherwise directed by the City.
In such a case, the 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.
Contractor hereby agrees to waive subrogation which any insurer of the Contractor may
acquire from the Contractor by virtue of the payment of any loss. The Contractor agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in
favor of the City for all work performed by the Contractor, its employees, agents and
subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance
meeting all of the requirements stated herein.
ARTICLE IX
Contractor agrees to and shall defend, indemnify and hold harmless the City and its
officers, employees, attorneys, contractors and agents from and against any and all claims,
liabilities, losses, damages, penalties, costs or expenses (including reasonable attomeys' fees and
court costs) which the City may directly or indirectly sustain or suffer arising from or as a result
of the death of any person or any accident, injury, loss or damage whatsoever caused to any
person or the property of any person which shall occur on or adjacent to the real property which
6
is the subject of this Contract, or in connection with performance of this Contract which may be
directly or indirectly caused by the acts or omissions of the 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 the City or its officers, employees, attorneys, contractors or agents.
The foregoing indemnity shall survive termination of this Contract.
ARTICLE X
Time is of the essence in this Contract. Contractor shall do all things necessary and
incidental to the prosecution of Contractor's work.
ARTICLE XI
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 or mental or physical disability.
Contractor shall ensure that applicants are employed and that employees are treated during
employment, without regard to their race, color, religion, sex, national origin, or mental or
physical disability. Such actions shall include,but not be limited to the following: employment,
upgrading, demotion or transfer, recruihnent or recruitment advertising, layoff or termination,
rates of pay or other forms of compensation and selection for training, including apprenticeship.
Contractor agrees to 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 for race, color, religion, sex, national origin, or mental or physical
disability.
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 XII
City, acting through its City Manager or his designee, reserves the right to terminate this
Contract for any reason by giving five (5) days written notice of intent to terminate to
Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City terminate this Contract, City shall pay Contractor for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Contract, unless such termination shall be for cause, in which event the
City may withhold any disputed compensation. City shall not be liable for any claim of lost
profits.
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ARTICb,E XIII
In accordance with generally accepted accounting principles, Contractor shall maintain
reasonably full and complete records of the cost of and completion of services performed under
this Contract. During the term of this Contract and for a period of two years after termination or
completion of this Contract, City shall have the right to inspect and/or audit Contractor's records
pertaining to the performance of this Contract at Contractor's office. Contractor agrees to make
available all records for inspection or audit at its offices during normal business hours and upon
3 days' notice from City.
ARTICLE XIV
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. This Contract shall be
construed in accordance with and governed by the laws of the State of California and Contractor
agrees to submit to the jurisdiction of California courts.
ARTICLE XV
This Agreement 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. Except as otherwise provided herein, all notices required under this Contract shall be
in writing and delivered personally 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 may be sent by either e-mail or U.S. Mail. Notices shall be deemed received
upon receipt of same or within 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" "CTTY"
Wiltshire Urethane Foam Company City of Orange
P.O. Box 3455 300 E. Chapman Avenue
San Dimas, CA 91773 Orange, CA 92866-1591
Attn: Michael Wiltshire Attn: Randy Nguyen
Telephone No.: 909-599-1217 Telephone No.: 714-544-5531
E-Mail Address: mwilty@cleaninter.net E-Mail Address: rnguyen@cityoforange.org
ARTICLE XVI
a. Contractor shall be lrnowledgeable 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.
8
b. Contractor represents and warrants that Contractor 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). Contractor further represents and warrants that he 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. Contractor has
properly maintained, and shall at all times during the term of this Contract properly maintain, all
related employment documentation records including, without limitation, the completion and
maintenance of the Form I-9 for each of Contractor's employees. Contractor 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 Department of Labor, or the
Social Security Administration. Contractor shall require all subcontractors and/or sub-
consultants to make these same representations and warranties when hired to perform services
under this Contract.
c. Contractor shall, upon request of the City, provide a list of all employees working
under this Contract and shall provide, to the reasonable satisfaction of the City, verification that
all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by the Contractor. Once such request has been made, Contractor may
not change employees working under this Contract without written notice to the 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.
d. Any Contractor, subcontractor, or sub-consultant who lrnowingly 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 shall constitute a
material breach of this Contract and may be cause for immediate termination of this Contract by
the City.
e. The Contractor aggress to indemnify and hold the City, its officials and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures, the City may sustain by reason of the Contractor's failure to comply with
said laws,rules and regulations in connection with the performance of this Contract.
ARTICLE XVII
The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National
Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the "Permit"),
which governs storm water and non-storm water discharges resulting from municipal activities
performed by the 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 the 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
9
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.
The Permit,the DAMP and the Model Maintenance Procedures are on file in the office of
the City's Director of Public Works, which is located at 300 E. Chapman Avenue in the City of
Orange. The Contractor hereby aclaiowledges that it has read, reviewed and understands the
Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and
hereby agrees to perform the Work in conformance therewith.
ARTICLE XVIII
City and Contractor agree that the claim resolution process applicable to any claim by
Contractor in connection with the work provided herein shall be subject to the procedures set
forth in California Public Contract Code Section 9204, attached hereto as Attachment No. 4, and
incorporated herein by this reference.
[Remainder ofpage intentionally left blank;signatures on nextpageJ
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IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands
the date and year fust above written.
"CITY"
CITY OF ORANGE, a municipal corporation
By:
Mark A. Murphy
Mayor of the City of Orange
CONTRACT AND INSURANCE
APPROVED BY: ATTEST:
Gary A. Sheatz Pamela Coleman, City Clerk
Senior Assistant City Attomey
"CONTRACTOR"
WILTSHIRE URETHANE FOAM COMPANY,
• a California corporation
[Note: Signature of Chairman of the By:
Board,President or Vice President is Printed Name:
requiredJ Title:
[Note: Signature of Secretary,Assistant By:
Secretary, Chief Financial Officer or Printed Name:
Assistant Treasurer is also requiredJ Title:
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ATTACHMENT NO. 1
CITY OF ORANGE STANDARD SPECIAL PROVISIONS
[Behind this sheet]
SPECIAL PROVISIONS
CITY OF ORANGE
STANDARD PLANS AND SP�CIFICATIONS
INTRODUCTION
All the improvements within the public rights-of-way and easements within the City of Orange shall conform to the
standard plans presented herein. The user shall keep fully informed of any latest revisions to the standard plans by
contacting the office of the City Engineer,Public Works Department, City of Orange. The standard plans shall be
used along with the provisions of the latest edirion of the Standard Specificarions for Public Works Construction
("Green Book"), and all amendments thereto, adopted by the Joint Cooperative Committee of Southern California
Chapter, American Public Works Association and Southern California District, Associated General Contractors of
California;hereinafter referred to as the"Standard Specificarions". Secrion 2.34.020 of the Orange Municipal Code
establishes the legislative authority of these Standazd Plans and Specifications.
PUBLIC WORKS CONTRACTS
The following addirions, as revised, to the provisions of the "Standard Specificarions" shall be used for all Public
Works contracts awarded by the City of Orange. If there is a conflict between the"Standard Specifications"and these
provisions, these provisions shall have precedence. The numbering of sections for the purpose of these provisions
refers to corresponding numbering of sections of the"Standard Specificarions".
If these provisions specify the use of"Standard Specifications and Standard Plans for the Construction of Local Streets
and Roads, of the State of California, Department of Transportarion," herein referred to as "Caltrans", for a certain
portion of the work,the latest edition of the publication shall be used.
The City of Orange has adopted a Local Implementation Plan(LIP)as part of a compliance program to the California
Regional Water Quality Control Board.All improvements shall comply with the latest LIP in the prosecution of the
work.The LIP is available and on file at the Public Works Deparhnent.
PRECEDENCE OF CONTRACT DOCUMENTS:
1) Bidder's Proposal
2) Contract Agreement
3) Special Provisions (Section SP)
4) City of Orange Standard Plans and Specifications(Orange Book)
5) Standard Specifications for Public Works Construction(Green Book)
� Technical Specifications
7) Construction Plans
8) All Other pocuments
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ADDITdONS TO THE STANI)ARD SPEC�FICATIONS
PART 1
GENERAL PROVISIONS
SECTION I — GENERAL TERMS, DEFINITIONS, ABBREVIATION5, U1vIT OF
MEASURE,AND SYMBOLS
1-2 Terms and Definitions
(a) AGENCY: The City of Orange,California,also hereinafter called"City".
(b) BOARD: The City Council of the City of Orange,California.
(c) CONTRACT DOCUMENTS: Documents including,but not limited to,the proposal, Standazd Specificarions,
Standard Plans, additions to the Standard Specificarions, Special Provisions, plans, bonds, insurance, contract
agreement and all addenda setting forth any modifications of the documents.
(d) DATE OF CONTRACT: The date of norification from the City Attomey's office informing the Contractor that
the contract is approved and fully executed by the City and the Contractor.
(e) ENGINEER OR CITY ENGINEER: The City Engineer of the City of Orange or his duly authorized
representative(s).
(fl BIDDER: Any individual,co-parinership,association or corporation submitting a proposal for the work
contemplated acring d'uectly or through a duly authorized representative.
(g) LEGAL ADDRESS OF CONTRACTOR: The legal address of the Contractor shall be the address given on the
Contractor's bid and is hereby designated as the place to which all notices, letters or other communications to the
Contractor shall be mailed or delivered.
(h) LABORATORY: An established laboratory approved and authorized by the Engineer for testing materials and
work involved in the contract.
(i) STATE CONTRACT ACT:Division 1,Division 2,Part 1,3 of the Public Con�act Code. The provisions of this
act and other applicable laws form and constitute a part of the provisions of this contract to the same extent as if set
forth herein in full.
1-3 Abbreviations
OC PF&RD: Orange County Public Facilities and Resources Deparhnent (formerly Orange County Environmental
Management Agency)
1-6 Bidding and Submission of the Bid
1-6.1.1 Qualifications of Bidders
Any bidder who can prove to be a"Responsible Bidder"based on,but not limited to,the following requ'uements may
submit a bid for consideration. The City Engineer may waive any or all of the following criteria in the best interests
of the City.
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(1) A valid license in appropriate classificarion with which he can perform the specified work.
(2) Record of satisfactory past performance of work with various agencies and industry.
(3) Record of satisfactory compliance with all State, Federal and local laws regarding, but not limited to, fair
employment practice,safeTy regulations,prevailing wage regularions,labor code,and subcontracts.
(4) Ability to comply with delivery schedules of materials,equipment and labor.
(5) Adequate financial resources to complete the work.
(6) Ability to secure bid bonds,contract bonds and insurances from companies having adequate raring.
(7) Minimum five years of experience in completing contracts of nature,type and size similar to that for which
he is submitting bids and such experience has been acquired not more than seven years prior to submitting a
bid.
(8) Must be certitied by the manufacture of the roofing foam and coating product prior to commencement
of work. Contractor shall submit a letter from the manufacturer of the foam and coating products
stating that the applicator is qualified by the manufacture.
1-6.1.3 Procedure for Proposal Submittal
Proposal shall be made and submitted on proposal forms provided by the City in accordance with the notice inviting
bids. Sealed proposals shall bear the title of the work and no other distinguishing mazks. Any bid received after the
scheduled closing time for the receipt of bids shall be returned to the bidder unopened. It shall be the sole responsibility
of the bidder to see that his bid is received in proper time.
Each bid shall be made on blank proposal forms provided by the City of Orange and shall be accompanied with a
certified or cashier's check or a bid bond for not less than 10% of the amount of bid, made payable to the City of
Orange. No proposal shall be considered unless this requirement is met.
Each bidder must be licensed and also pre-qualified as required in Section 1-6.1.1 of these Specificarions.
No person,firm or corporarion shall be allowed to make,file or be interested in more than one bid for the same work,
unless alternate bids are called for. A person, firm or corporarion who has submitted a sub-proposal to a bidder, or
who has quoted prices on materials to a bidder,is not thereby disqualified from submitting a sub-proposal or quoting
prices to the other bidders. If,on the opening of bids,more than one bid appears in which the same person,firm,or
corporation is interested as a principal,all such bids shall be rejected.
Proposals with inter-lineations,alterarions or erasures shall be initialed by the bidder's authorized agent. Alternarive
proposals, special conditions or other limitations of provisions affecting the bids, except as such called for by the
contract documents,will render the bid informal and may cause its rejection. All proposals must give the unit prices
bid for the various items of work both in writing and figures and must be signed by the bidder, who shall give his
address. Each bid item shall be bid as it appears on the proposals and shall not be altered or lumped together with
other bid items. Each bid shall have thereon the affidavit of the bidder that such bid is genuine and not sham or
collusive or made in the interest or on behalf of any other person not therein named and that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a sham bid, or any person, firm or corporarion to refrain
from bidding and that the bidder has not in any manner sought by collusion to secure himself an advantage over any
other bidder.
The Contractor shall be registered with Department of Industrial Relarions(DIR),State of California per Labor Code
Section 177.1(a)at the time of bid. This project is subject to compliance monitoring and enforcement by DIR.
1-6.1.4 Request for Interpretation
If any person contemplating submitting a bid is in doubt as to the true meaning of any part of the plans,specifications
or other proposed contract documents,or finds discrepancies in,or omissions from,the drawing or specifications,or
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discovers substantial difference between the approximate quanrities shown on the bid proposal and his quantity
estimate from the plans for any of the major bid items in the proposal,he shall request the Engineer,in writing,for an
interpretation or correction thereof. The person submitting such a request shall be responsible for its prompt delivery.
The meaning of substantial difference and the major bid items,for this purpose,shall be in accordance with Section
1-2 and Section 3-2.2.1 of the Standard Plans and Specifications. All such interpretations of the contract documents
will be made only by Addenda duly issued and a copy of each such Addendum will be mailed or delivered to each
person receiving a set of contract documents at his last address of record. The City will not be responsible for any
other explanarions or interpretations of the contract documents.
1-6.1.5 Return of Bid Security
Any bidder may withdraw his bid, either personally or by telegraphic or written request, at any rime prior to the
scheduled closing time for the receipt of bids. It is the sole responsibility of the bidder to see that any such telegraphic
or written request is delivered to the Director of General Services prior to said closing time.
The bid security of the unsuccessful bidders will be retained until the contract is awarded to the lowest,responsible
successful bidder.
The bid security of the successful bidder of accepted bid will be held by the City until the contract has been entered
into and the bonds accompanying the same are approved and filed. �
If a bidder fails or refuses to enter into a contract to do work,the bid security shall be forfeited to the City and shall
be paid into the General Fund of the City.
Bid securiries consisting of cashier's checks will be refunded to the respective bidders when no longer required by the
City. All other bid securities no longer required by the City,will be considered void. These will be returned to their
respecrive bidders only if requested with self-addressed stamped envelope and sufficient postage.
1-6.1.6 Bid Protest Procedure
1. Any bid protest must be submitted in writing to Public Works Director,300 E. Chapnran Avenue,
Orange, CA 92866 before 5 p.m.of the l Oth City business day following bid opening.
(a) The inirial protest document shall contain a complete statement of the basis for the protest with
accompanying documentation in support thereof.
(b) The protest shall refer to the specific portion of the document which forms the basis for the protest.
(c) The protest shall include the name,address and telephone number of the person representing the
protesting party.
(d) The party filing the protest shall concurrently transmit a copy of the initial protest document and any
attached documentation to all other parties with a direct financial interest which may be adversely affected
by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have
a reasonable prospect of receiving an award depending upon the outcome of the protest.
(e) The Public Works Director/City Engineer will issue a decision on the protest. If the Public Works
D'uector/City�ngineer determines that a protest is frivolous,the party originating the protest may be
detemuned to be irresponsible and that party may be determined to be ineligible for future contract awards
by the City of Orange.
(� The procedure and time limits set forth in this paragraph are mandatory and are the bidder's sole and
exclusive remedy in the event of bid protest and failure to comply with these procedures shall constitute a
waiver of any right to further pursue the bid protest,including filing of a claim against the City under the
Califomia Govemment Code or legal proceedings.
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1-6.2 Subcontractor Listing
Add the following paragraph to end of this section:
The Engineer,as duly authorized officer,may consent to subcontractor subsritution requested by the Contractor subject
to the limitations and notices prescribed in Section 4107 of the Public Code. Prior to commencement of work,the
Contractor shall submit to the Engineer a list showing names, addresses, telephone numbers, City business license
numbers and the work to be done by subcontractors.
1-7 Award and Execution of the Contract
1-7.1.1 Award of Contract
The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all
requirements of the notice inviting bids and Secrion 1-7.1.2 and 1-7.1.3 of these Specifications. 'The City,however,
reserves the right to reject any or all bids,and to waive any informality in the bids received. The Award of Contract,
if made,shall be made within SIXTY(601 days after the opening of the bids.
1-7.1.2 Execution of Contract
The contract shall be signed by the successful bidder and returned to the City, together with the contract bonds as
specified in Secrion 2.4 of the Standard Specifications and as amended below and any changes or additions made
thereto in these specifications within fifteen(15)days after the date of written notice of award of contract. The form
of the contract agreement to be executed by the Contractor will be mailed by the City Attorney's office along with the
written norice of awazd of contract. No proposal shall be considered binding upon the City until the execution of the
contract by the City. In case of conflict, the contract agreement shall have precedence over all other written
specifications.
1-7.2 Contract Bonds
Sureties providing performance or labor&materials bonds for Contractors to the City of Orange must be licensed or
agree to employ a licensed Contractor,with a Class A or other applicable specialty contractor's license from the State
of Califomia,in the event the Contractor to whom such surety is provided fails to perform the work under the contract.
Whenever any surety or sureries on any such bond,or on any bonds required by law for the protecrion of the claims
of laborers and material men,become insu�cient,or the City Attomey has cause to believe that such surety or sureties
have become insufficient, a demand in writing may be made of the Contractor for such further bond or additional
surety,not exceeding that originally required,as is considered necessary considering the extent of the work remaining
to be done. Thereafter, no payment shall be made upon such contract to the Contractor or any assignee of the
Contractor until such further bond or bonds or additional surety has been fumished.
Except as set forth in this Section 2.4,the City of Orange will not accept any performance or any labor and materials
bond for any contracts unless the bond complies with each and every one of the following criteria:
a) It is issued by a surety qualified as an acceptable surety on federal bonds as evidenced by an unrevoked
inclusion in the current Annual List of Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Companies,published by the United States Department of
' the Treasury,Fiscal Service,or an official successor publication(the"Treasure LisP');and
b) The bond is in an amount within the underwriting limitation of the surety set forth in the Treasury List;and
c) The surety is legally qualified to conduct business as a surety in the State of California;and
d) The surety meets or exceeds the following standards established by A.M. Best Company as set forth in the
current edition of Best's Key Ratin¢Guide.Property-Casualty_
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Amount of Contract
$ 0 to $ 20,000 A Class II
$ 20,000 to $ 40,000 A Class III
$ 40,000 to $ 100,000 A Class N
$ 100,000 to $ 200,000 A Class V
$ 200,000 to $ 500,000 A . Class VI
$ 500,000 to $ 1,000,000 A Class VII
$ 1,000,000 to $ 2,000,000 A Class VIII
$ 2,000,000 and up *
* A class assuring that the contract price does not exceed 2 percent of the minimum Adjusted Policyholders'Surplus
necessary to qualify for that class.
The BEST'S KEY RATING GLTIDE may be examined in the City Attorney's office or can be purchased from A.M.
Best Company,Ambest Road,Oldwick,NJ 08858,(201)439-2200.
In the event the total amount of bonds issued by the surety for the contract exceeds the underwriting limitarion set
forth in the Treasury List, or the surety does not meet the minimum Financial Size Category rating set forth above,
then the surety shall prove reinsurance in excess of such total amount of bonds by one or more reinsuring companies
meeting the above-referenced A.M.Best raring standards list,listed on the Treasury List and within the Underwriting
Limitarion of each reinsuring company,before a contract is executed by the City.
For contracts with a total contract price less than$25,000,the City shall have the power to modify or waive,in whole
or in part,the foregoing criteria for acceptable bonds,in its sole discretion.
For contracts with a total contract price of$25,000 or more, but not exceeding $500,000, where bonds are not
reasonably obtainable which meet the provisions of subparagraphs(a)and(b)or(d)above,for reasons other than the
creditworthiness of the Contractor, the City may, in its sole discretion, accept bonds which meet the provisions of
subparagraphs(a)and(b)but not(d),or bonds which meet the provisions of(d)but not(a)and(b).
Security for public contracts in lieu of bonds meeting the criteria set forth above will be accepted by the City only if
in the form of cash deposits in the full face amount of required bonds,in the name of the City of Orange,as owner of
the account, in such financial institution as the City may d'uect and under written agreement in form and substance
acceptable to the City. In the event such account bears interest,any accrued interest shall be paid to surety at the time
said security is released, or if Contractor defaults shall be applied to pay for any work necessary to complete the
contract in the event that application of the principal of said account proves insufficient.
All bonds shall be on the forms provided by the City of Orange,with all signatures notarized and with the following
notarized endorsement:
The undersigned hereby certifies that the named surety issuing the bond for:
Roof Coating at Police Headquarters and Water Yard
Bid Na.189-17;SP-40851
is issued by an"admitted surety",qualified to conduct business in the State of Califomia in accordance with CCP§995-
670
Name of Surety
Attorney in Fact
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SECTION 2 -SCOPE OF THE W�RK
2-1 Work to Be Done
2-1.1 General Description of Work:
The work to be done is to apply polyurethane foam roofing material to the Orange Police Department Headquarters
and the Orange Water Yard building.This work,in general,consists of,but is not limited to,preparing roof surface,
fiunishing,applying the primer,the polyurethane foam and coating to the roof deck,cant on walls and up and under
edge flashing and coping,re-seal roof drains and flashing joints,and all labor,equipment and incidents necessary for
completion of work.For the Water Yard building,apply polyurethane foam system to all exposed HVAC ducts on
the roof,in addition to the work mentions above.
2-2 Permits and Licenses
Except as otherwise specified in the Special Provisions,the Contractor shall procure all pertnits and business licenses,
pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
These pernuts and licenses shall be obtained in sufficient time to prevent delays to the work.
In the event that the City has obtained permits, licenses or other authorizations applicable to the work from other
agencies, the Conh�actor shall comply with the provisions of said permits, licenses and other authorizations. Any
charges such as inspection fees,bonds,insurance that may incur due to the Contractor's perfortnance in accordance
with such permits shall be considered included in the bid items for the various items of work involved.
2-4 Cooperation and Collateral Work
Contractor shall be responsible for ascertaining the nahue and extent of any simultaneous, collateral, and essenrial
work by others. The City,its workers and contractors and others,shall have the right to operate within or adjacent to
the work site during the performance of such work.
The City, the contractor, and each of such workers, contractors and others, shall coordinate their operations and
cooperate to minimize interference.
The Contractor shall include in its Bids all costs involved as a result of coordinating its work with others. The
Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous,
collateral,and essenrial work. If necessary to avoid or minunize such damage or delays,the Contractor shall redeploy
its work force to other parts of the work.
Should the Contractor be delayed by the City,and such delay could have not been reasonably foreseen or prevented
by the Contractor,the Engineer will determine the extent of the delay,the effect on the project,and any extension of
time.
2-6 Changes Requested by the Contractor
2-6.1 Changes in Work: General
Engineer shall be the duly authorized officer who may grant the changes prescribed in this section.
2-7 Changes Initiated by the Agency
The Engineer shall have the right to make changes in the work,plans and/or specificarions and the contractor shall
perform the work as changed and as directed by the Engineer.
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2-S Extra Work
2-8.1 Extra Work: General
If the City and the Contractor cannot reach an agreement to establish an agreed lump sum price or stipulated unit
prices, the City reserves the right to direct the Contractor to perform such work using an acceptable substitute
subcontractor. The City may order the Contractor to obtain bids from three or more subcontractors to perform such
work. Upon written approval of a subcontractor selected by the Engineer,the Contractor shall enter into a subcontract
with such subcontractor to perform such work. All the Contractor's markups shall be in accordance with the provisions
of Section 7-43.
The extra work as defined in this section of Standard Specifications,and any work done beyond the lines and grades
shown on the plans, shall only be performed when ordered in writing by the Engineer. In absence of such written
order,any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed
at the Contractor's expense.
2-10 Disputed Work
Any claims, potential claims based on an act or failure to act by the Engineer, any protests against the rulings and
decisions of the Engineer,shall be made in writing. Such claims,potential claims or protests shall be addressed to the
Engineer and shall be submitted within ten (10) days after the happening of the event, thing, occurrence, or other
cause,giving rise to such action by the contractor.
The written determination rendered by the Engineer on such actions by the contractor shall be considered as a final
ruling of the City of Orange. Any monetary claims against the City regarding the City's decision shall be filed with
the City Clerk of the City of Orange in accordance with the provisions of chapter 3.16 of Orange Municipal Code,
Califomia Government Code sections 810,901,905,911,915,935 and 945.
SECTION 3 -CONTROL OF THE WORK
3-4 Authority of Board and Inspection
Authority of Boazd and Inspection shall conform to Secrion 3-4 of Standazd Specifications and the following:
Orange Municipal Code Section 2.15.020 C, and 2.34.10 has designated Engineer as their designee for all decisions
regarding the contract.
The Contractor shall give at least 24 hours advance norice of the rime when he or his subcontractor will start or resume
the various units of operations of the work as per the contract,or resume the said units or operations when they have
been suspended as per the contract.
The above notice is to be given during working hours,exclusive of Saturdays,Sundays or holidays for the purpose of
permitting the Engineer to make necessary assignments of his representative or inspector on the work.
The Contractor shall pay the inspection charges for any work done outside normal working hours at the rate established
for Special Inspecrion in the Master Schedule Fees and Charges adopted by the City Council. Such fees shall be paid
per half day or portion thereof in minimum one-half day increments. No work shall be performed outside normal
working hours except under extraordinary circumstances and with prior approval of the Engineer. See Section 6-3.3
for normal working hours.
Any work performed in conflict with said notice,without the presence or approval of the inspector,or work covered
up without notice,approval or consent may be rej ected or ordered to be uncovered for examination at the Contractor's
expense, and shall be removed at the Contractor's expense, if so ordered by the Engineer or his representative or
inspector on the work. Any unauthorized or defective work,defecrive material or workmanship or any unfaithful or
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imperfect work that may be discovered before the final payment and final acceptance of work shall be conected
immediately without extra charge even though it may have been overlooked in previous inspections and estimates or
may have been caused due to failure to inspect the work.
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing.
No changes shall be made on any plan or drawing after the same has been approved by the Engineer, except by
direcrion of the Engineer in wriHng. Deviations from the approved plans, as may be required by the exigencies of
construction,will be detemuned in all cases by the Engineer and authorized in writing.
All instrucrions,rulings and decisions of the Engineer shall be in writing and shall be final and binding on all parties
unless formal protest is made in writing and as provided in the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of the contract,or if he considers
any instrucrion, ruling or decision of the inspector or Engineer to be unfair, he shall, within ten(10) days afrer any
such demand is made,or instruction,ruling or decision is given,file a written protest with the Engineer,stating clearly
and in detail his objections and reasons therefore. Except for such protests and objecrioas as are made of record,in
the manner and within the time above stated,the Contractor shall be deemed to have waived and does hereby waive
all claims for exh�a work,damages and extensions of time on account of demands,inshvctions,rulings and decisions
of the Engineer. Upon receipt of any such protest from the contractor, the Engineer shall review the demands,
instruction,ruling or decision objected to and shall promptly advise the contractor,in writing, of his final decision,
which shall be binding on all parties. Any protests against the Engineer's final decision shall be made in accordance
with section 2-10 Disputed Work.
3-5 Inspection
In addition to those processes in Section 3-5 INSPECTION the following shall apply:
All work requiring Special inspecrion shall be first inspected and approved by the City Building Inspector 24 hours
before Special Inspecrions. If any work is covered before the City Building Inspector inspection and approval, the
City shall require the work to be exposed and inspected.
Due to the City of Orange 9/80 flex work schedule the City is closed every other Friday.No City Building Division
inspecrion services are available on closed Fridays, although Special Inspection services are available when the City
Building Division inspecrions occur on the Thursday before the closed Friday.
The Contractor shall keep the City's ProjectlConshuction Manager or designee informed two weeks in advance of
scheduled work to assure that City Inspectors and Special Inspectors are available.All inspecrion processes for those
inspections requiring the City of Orange Building Division approvals shall be worked out in detail with the City of
Orange Building Official.
3-5.1 Progress Reports
The Conhactor shall provide the City Inspector,at the end of each working day,a daily report showing the number of
employees working on the project. The report will also include the Contractor employee's name and their
classifications and equipment used onsite. Any subcontractors working on the project will also be included in the
same report.
3-6 The Contractor's Representative
The Contractor shall file with the Engineer the addresses and telephone numbers where he or his designated
representative may be reached during hours when the work is not in progress,so that 24-hour,7-days a week contact
can be maintained.
Instructions and information given by the Engineer to the Contractor's authorized representative or at the address or
telephone numbers filed in accordance with this section shall be considered as having been given to the Con�actor.
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3-7 Contract Documents
3-7.3 Plans and Specifications
The Engineer will provide the Contractor,free of charge,up to five(5)copies of plans and special provisions for the
execution of work.
If the Contractor needs more than five (5) copies of the project plans and specifications provided by the City, the
contractor shall have a bonded and insured printing company pick up the originals from the City to make additional
copies,if needed,at no additional cost to the City.
The Contractor shall, at his own expense, obtain copies of the "Standard Specifications", City of Orange Standazd
Plans and Specifications,Standard Plans and Specifications of the State of California,and Work Area Traffic Control
Handbook,for his general use.
If,after award of the contract,should it appear that the work to be done,or any matter relative thereto,is not sufficiently
detailed or explained in the specifications and plans, the Contractor shall apply to the Engineer for such further
explanarions as may be necessary and shall conform to such explanation or interpretation as part of the contract.
All scaled dimensions shall be considered approximate. Before proceeding with any work, the Contractor shall
carefully check and verify all dimensions and quantiries and shall immediately inform the Engineer or his
representarive of any discrepancies.
3-12 Work Site Maintenance
3-12.1 Cleanup and Dust Control
Unless otherwise authorized by the Engineer, all surplus materials shall be removed from the site of the work
immediately after completion of the work causing the surplus materials. Unless the construction dictates otherwise,
and unless otherwise approved by the Engineer,the Contractor shall fumish and operate a self-loading motor sweeper
with spray nozzles at least once each working day to keep paved azeas acceptably clean whenever construction,
including restorarion,is incomplete.
Failure of the Contractor to comply with the Engineer's dust control orders may result in an order to suspend work
until the condirion is corrected; after filing notice to the Contractor, the Engineer may order this accomplished by
others. All costs thus incurred shall be deducted from the amount to be paid to the Contractor. No additional
compensation will be allowed as a result of such suspension.
No separate payment will be made for any work performed, or material used, to control dust resulting from the
Contractor's performance on the work,or by public traffic,either inside or outside the right-of-way. Full compensation
for such dust control will be considered as included in the prices paid for the various items of work involved.
3-12.6 Water Pollution Control
All water and waste shall be controlled and disposed of per NPDES requirements. (See Attachment 2: Technical
Specificarions:IC24.DISPOSAL OF WASTEWATER GENERATED BY MOBILE BUSINESS&OUTDOOR
ACTIVITIES).
If a Storm Water Pollurion Prevention Plan(SWPPP)is not required,BMP's shall be provided.
3-12.6.5 Payment
Full compensation for conforming to the requirements of this secrion of these special provisions including furnishing
all labor, materials, fees if any, equipment, and incidentals necessary to complete the work shall be considered as
included in the various bid items of work and no additional compensation will be allowed therefore.
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3-12.7 Drainage Control
It is anticipated that storm,surface or other waters will be encountered at various times and locations during the work
herein contemplated. Such waters may interfere with Contractor's operations and may cause damage to adjacent or
down-stream private and/or public property by flooding, lateral erosion, sedimentation, or pollurion if not properly
controlled by the Contractor. The Contractor, by submitting a bid, assumes all of said risk and the Contractor
acknowledges that its bid was prepazed accordingly.
The Contractor will be requued to control all water encountered during consfizction and shall use appropriate methods
of sediment control and debris barriers to prevent any contaminated water from entering the storm drain piping. These
methods shall include the placement of sand bags, filter fabric and fencing,berms, and other temporary barriers as
needed to comply with the City's requirements for construcrion activities. During the course of water control the
Contractor shall conduct construcrion operation to protect waters from being polluted with fuels, oils, bitumens or
other haruifizl materials,and shall be responsible for removing said materials in the event protecrive measutes are not
effective.
The Contractor shall conduct his operation in such a manner that storm or other waters may proceed uninterrupted
along their existing street or drainage courses to prevent ponding of water during all phases of conshuction. Diversion
of water for short reaches to protect construcrion in progress will be permitted, if public or private properties in the
opinion of the Engineer are not subject to the probability of damage.
The Contractor shall maintain drainage within and through the work areas.The Contractor shall provide and maintain,
at construcrion site,ample means and devices with which to block,remove,and properly dispose of all water entering
the excavation.Temporary dams of sandbags,asphaltic concrete,or other acceptable material will be pernutted when
necessary. Such dams shall be removed from the site as soon as their use is no longer necessary.
Contractor shall contact adjacent residents and businesses to turn off the irrigation systems that are impacting the
construction zone.Diversion of surface water including nuisance water from the excavation site and work area shall
be the responsibility of the contractor,and no separate compensation will be allowed for the removal of surface water
from the excavation site.
SECTION 4 -CONTROL OF MATERIALS
4-4 Testing
4-4.1 Test of Materials:
Ouality Control(OCl
Unless othenvise provided in the Special Provisions,all the testing of materials to be fumished by the Confractor.
All the testing shall be done by a company qualified to perform all the necessary tests and which is acceptable to the City
of Orange. It is the responsibility of the bidder to make sure that the company is qualified,by submitting all the necessary
data regarding the qualification ofthe company and obtain approval ofthe company by the City. A company not qualified
and approved by the City shall be replaced by the Contractor with a company acceptable to the City at no additional cost.
Such material testing company shall detemune the number of tests and frequencies of sampling in order for the company
to cectify that all the material used for the work,its placement and the final product aze tested to the requirements specified
as outlined in the special provision.As a minimum,the material sampling and tesring shall be in conformance with the
Standard Specifications for testing methods and frequency of tests.
All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standazds of
national organizations and such special methods and tests as are prescribed in these specifications.
No materials shall be used unril they have been approved by the Engineer.
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The Conh-actor shall, at his expense,fiunish the City,in triplicate, certified copies of all required factory and mill test
reports. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing
and inspecrion by the qualified tesring company and a representative of the City shall not be incorporated in the work,
unless the Engineer shall have notified the Contractor,in wriring,that such testing and inspection will not be required.
Manufactured materials delivered on the job site shall be certified by the manufacturer that the material complies with
all applicable tests. All the test data shall be fiunished with such certificarion.
Quality Control(QC)shall be the responsibility of the Contractor.
4-4.9 Payment
Unless otherwise specified,the cost of TEST OF MATERIALS shall be considered included in the unit price bid for
the various items of work involved.No additional compensation shall be allowed.
SECTION 5—LEGAL RELATIONS AND RESPONSIBILITIES
5-1 Laws and Regulations
The Contractor shall protect and indemnify the City,the City Council,the Engineer,and all of its officers,agents and
servants against any claim or liability arising from or based on the violarion of any existing or fuhue State,Federal or
Local laws, ordinances,regularions, orders or decrees,whether by himself or his employees. If any discrepancy or
inconsistency is discovered in the plans,drawings,specifications or contract for the work in relarion to any such law,
ordinance,regulation,order or decree,the Contractor shall forthwith report the same to the Engineer in writing.
The contractor or subcontractor shall not discriminate on the basis of race, color, narional origin, or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the awazd
and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material
breach of this conizact,which may result in the terminarion of this contract or such other remedy as recipient deems
appropriate.
5-3 Labor
5-3.2 Prevailing Wage Rates
The Contractor shall comply with the provisions of 1770 to 1780, 1810 to 1815, 1860 and 1861 inclusive, of the
California Labor Code,the latest prevailing rate and scale of wages established per the determination of the Director
of the Department of Industrial Relations, State of Califomia, and any latest changes thereto, on file with the
Department of Public Works of the City of Orange,prior to the date on which notice inviting bids is last published in
a local newspaper. The Contractor shall comply with the requirement of the payment of travel and subsistence
payments to each worker on the work;he shall forfeit penalties prescribed therein for non-compliance of the said code.
The Contractor shall post and keep posted,for the duration of the contract, a copy of said prevailing rates at the job
site.
Contractor's attenrion is d'uected to the expiration dates of the wage decisions of each craft. Contractor's bid shall
include any increase in labor cost anticipated after these expiration dates and no additional compensation will be
allowed for such increases.
Copies of the State general prevailing wage rates are not sold at the City of Orange,but the prevailing wage rates are
available for review at the Department of Public Works. Contractor can purchase the State general prevailing wage
rates from the Department of Industrial Relations,Division of Labor Statistics and Research,Prevailing Wage Unit,
455 Golden Gate Avenue, Sth Floor, Room 5184, P.O. Box 420603, San Francisco, CA 94142-0603, telephone
number(415)703-4774.
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In order to verify the compliance to the said code,the Contractor shall keep an accurate weekly record,for the duration
of the contract period,of his and his sub-contractor's payroll statements showing wages paid each employee during
each week and the employee work classification. The Contractor shall preserve such record for ninety(90)days after
the date or recordation of the notice of completion of the contract and upon written norification by the Engineer these
shall be submitted within ten(10)days to the Engineer for checking. Using State Form DH-C-347,Payroll Statement
of Compliance,is an acceptable method of fulfilling the above requirement.
Certified Payroll Reports, Statement of Compliance and Fringe Benefit Statement must be signed by President or
Owner of the Company including all subcontractors. Contractor may submit a letter of authorization for authorizing
an individual such as,payroll officer, office manager, and secretary to sign all certified payroll reports. This letter
must be submitted with the first certified payroll report.
Contractor shall indemnify, protect, defend and hold harmless the 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(including reasonable attomey fees,court and litigation costs,and fees of expert witnesses)wluch results or
arises 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 Contractor shall bear all risks of payment or non-payment of
state prevailing wages. The foregoing indemnity shall survive temunation of the contract and shall continue after
completion and acceptance of the work.
5-3.5 Apprentices
Attention is directed to the provisions in Section 1777.5 and 1777.6,Division 2,Part 4.5 and Division 3,Chapter 4 of
the California Labor Code concerning fair employment practices and the employment of apprentices by the Contractor
or any sub-contractor under him. The Contractor and any sub-contractor under him shall comply with the requuements
of said sections in the employment of apprentices,and fair employment practices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the
D'uector of Industrial Relations,Ex-officio the Administrator of Apprenticeship, San Francisco, California,or from
the Division of Apprenticeship Standards or its branch offices.
5-4 Insurance
Coniractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work hereunder
and the results of that work by the Contractor,his agents,representarives,employees or subcontractors.
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage(occurrence Form CG 00 Ol).
2. Insurance Services O�ce Form Number CA 00 O1 covering Automobile Liability,code 1 (any auto).
3. Workers' Compensation insurance as required by the State of Califomia and Employer's Liability Insurance.
Contractor shall maintain limits no less than:
1. 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/locarion or the general aggregate
limit shall be twice the required occurrence limit.
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2. Automobile Liability: $1,000,000 per accident for bodily injury and properry 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.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City,
either:the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City,its o�cers,
officials and employees; or the Contractor shall provide a financial guarantee sarisfactory to the City guaranteeing
payment of losses and related investigations,claim administration,and defense expenses.
Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, agents and employees are to be covered as additional insureds with respect to
liability arising out of automobiles owned, leased, hued or borrowed by or on behalf of the Contractor; and with
respect to liability arising out of work or operations performed by or on behalf of the Contractor,including materials,
parts or equipment furnished in connection with such work or operations. General Liability coverage shall be provided
in the form of an Addirional Insured Endorsement(Insurance Services Office,Inc.Form CG 20 10 11 85 or such other
form as may be acceptable to the City)to the Contractor's insurance policy,or as a separate owner's policy.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects
the City, its officers, officials and employees. Any insurance or self-insurance maintained by the City, its officers,
officials and employees shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either
party,except after thirty(30)days'prior written notice has been provided to the City
The Contractor shall furnish the City with original certificates of insurance and endorsements effecting coverage
required by this clause. The endorsements should be on forms acceptable to City. All certificates and endorsements
are to be received and approved by the City before work commences. However,failure to do so shall not operate as
a waiver of these insurance requirements. The 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.
All insurance procured and maintained by the Contractor shall be issued by insurers admitted to conduct the pertinent
line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better
by the latest edition of Best's Key Rating Guide.
Conh�actor shall immediately notify the City if any required insurance lapses or is otherwise modified and cease
performance of this Agreement unless otherwise directed by the City. In such a case,the 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.
Contractor hereby agrees to waive subrogation which any insurer of the Contractor may acquire from the Contractor
by virtue of the payment of any loss. The Contractor agrees to obtain any endorsement that may be necessary to effect
this waiver of subrogation.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work
performed by the Contractor,its employees,agents and subcontractors.
The Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements
stated herein.
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5-7 SAFETY
5-7.13 Temporary Light,Power and Water
The Contractor shall provide for his employees an adequate supply of potable drinking water,which shall be dispensed
through approved sanitary faciliries.
The Contractor shall be required to deposit with the City Water Deparhnent a meter service change of$800.00 for each
conshucrion meter used on a City Fire Hydrant. The Conffactor will be charged$2.00 per day rental on each conshucrion
water meter and the Contractor shall pay for the water used on the project. Water used by the Contractor shall be charged
at the rate of$1.297 per hundred cubic feet.(Per Council Resolution 9661 (10/02).
5-7.1.4 Public Convenience and Water:
No material or other obstrucrions shall be placed within fifteen(15)feet of any fire hydrant which shall at all times be
readily accessible to the Fire Department. Traffic control shall conform to the provisions of the latest edition of the
Work Area Traffic Control Handbook(WATCH)published by Building News,Inc.
At least seven(7) calendar days prior to beginning work,the Contractor shall distribute notices to all residences and
businesses adjacent to or affected by the proposed work. Said norices shall be prepared and printed by the City and
shall be served by the Contractor's representative in person to each residence and business as pracricable. Failure of
the Contractor to properly serve said notices shall be cause for suspension of work unril compliance with this
requirement is achieved. No extension of time will be allowed to the Contractor for lost time due to his failure to
distribute said notices in a rimely manner or from suspension of work due to non-compliance.
Contractor shall not store construction equipment within public right-of-way. Construction site must be swept and
washed clean at the end of each work day. The City is not obligated to provide storage yard for materials,equipment,
and construction site debris.
Payment for the requirements of Public Convenience and Water, including all labor equipment, tools, materials and
incidentals required to complete the work shall be included in the contract prices bid for the various items of work
involved. No additional compensation will be allowed therefore.
5-7.2 SAFETY ORDERS �
5-7.2.1 General
The Contractor shall have at the worksite copies of suitable extracts of the most current edition of the California
Occupational Safety and Health Act as superseded by Federal Occupational Safety and Health Act. The Contractor
shall comply with provisions of these and all other applicable laws,ordinances and regulations.
SECTION 6—PROSECUTION AND PROGRESS OF THE WORK
6-1 Construction Schedule and Commencement of the Work
6-1.1 Construction Schedule
Prior to the commencement of construction,anangements will be made for a meeting between the Contractor and the
Engineer. The purpose of this meeting is to coordinate the activities of the Confractor within the limits of this contract,
review scheduling, discuss construction methods and clarify inspection procedures. The Contractor shall submit at
this meeting,for approval by the Engineer,the schedule required in the Standard Specifications showing the number
of calendar days required to complete the project.
The Construcrion Schedule must be submitted to the City for review and approval at the Pre-Construcrion Meeting.
The Contractor cannot start any work unril the construction schedule has been accepted by the City. The construction
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schedule must be prepared using Critical Path Method (CPM) and shall be revised and resubmitted if the schedule
fails to reflect the actual progress.
6-1.4 Public Works Inspection Outline
The City of Orange requires inspecrion at the minimum,but not limited to,the following outline.
I. Required Inspections
A. Surface preparation
B. Primer applicarion(if necessary)
C. Foam insularion applicarion
D. Final coating application
II.Conformance with the Approved Traffic Conh�ol and Traffic Safety Plan
If any work requiring inspecrion is covered or concealed by additional work without first having been inspected,
the Construction Inspector shall require,by written notice,that such work be eacposed for examination.
6-2 Prosecution of Work
To minimize public inconvenience and possible hazazd,restore street and other work areas to their original condition
as soon as practicable, and allow for cooperarive work by the City, the Contractor shall prosecute the work to
completion without break or interruption,achieving at least 50%of the average daily production except for conditions
defined in Subsection 6-6-1. If as determined by the Engineer,the Contractor fails to prosecute the work to the extent
that the above purposes are not being accomplished,the Contractor shall,upon orders from the Engineer,immediately
take steps necessary to fully accomplish said purposes. All costs of prosecuting the work as described herein shall be
included in the Contractor's bid. Should the Contractor fail to take the necessary steps to fully accomplish said
purposes, after orders from the Engineer to do so,the Engineer may suspend the work in whole or in part,unril the
Contractor takes said steps, or may pursue alternate means of seeking compliance. In addition, the Contractor is
required to adhere to the following requirements:
A. Prior to the commencement of work,the contractor must submit a certificarion by the manufacturer,including
a letter from the manufacturer of the foam and coating,stating that the applicator of these products is qualified
by the manufacturer.
B. All work shall be completed in accordance with the phasing schedule provided by the Coniractor to the City.
Phasing of all work must be approved by the City engineer prior to construction.
C. Prior to the commencement of work, the Contractor should thoroughly examine the job site and make a
report,in writing,to the City of Orange representative on any condirions that will adversely affect any portion
of the work.
D. No work shall commence until such adverse conditions and defects have been corrected and conditions are
acceptable to the City of Orange representative.
E. The Contractor is responsible to erect barriers and post signs to warn of construction and equipment use.
F. The Contractor shall maintain access to the Police Department and Water Yard driveways at all times.
G. The Contractor shall maintain a protected pedestrian access to the Police Department and Water Yard at all
times.
H. Constntction shall be phased in a manner so as not to place any traffic control and any equipment on Batavia
Street,Struck Avenue,Water Street and Almond Avenue when perfornung work on the building.
I. No work shall commence before 7 a.m.
J. Contractor will be responsible to verify all existing conditions and measurements.
K. At the conclusion of each work day the job site must be cleaned and organized.
L. Staging and pazking will be provided in designated areas.
M. Access to the roof will be via contractor provided ladders.
N. Contractor will provide portable reslroom facilities for their crews.
O. Power and potable water hook-ups will be provided by the City.
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P. Inspecrions must be called for between the conclusion of the preparations and the beginning of the application
phases of the work.
Q. Final Inspection and Punch List Job Walks will be conducted with the Contractors'Project Manager and the
Site Foreman.
R. Water test roof.
S. Dispose of used roofing materials per Environmental Protection Agency("EPA")rules and regulations.
T. Submit to the City any and all warranties and owner's manuals with a written certification, staring that the
roof was installed in accordance with the manufacturer's guidelines.
U. Prepararion shall also include,but not limited to the following:
a. Prepararion of roof per manufacturer standards and requirements,including cutting out any loose or
buckled roofing.
b. Seal coping metal with a self adhered tape like etemabond(or equal).
c. Power Wash or Blow off(per manufacturer requirements or recommendations).
V. Take new roof coaring to top of wall(at coping);or to existing sheet metal.Provide flashing or edge metal
as necessary per details in the Technical Specification.
ADD-1 W Contractor shall coordinate with Bruce Cobb from Orange County Sheriff s Department(714-704-
798�for any outages and restoration of antennas on the Police Department roof.Contractors shall
engage a communications installation vendor(Bearcom,Day Wireless,HCI or Redrock are known
competent vendors in this area)to perform the task of removal and reinstallation of the antennas and
their related cabling and support structures.The cost for tlus work shall be considered included in
the unit price bid for the various items of work involved.No additional compensation shall be
allawed.
6-3 Time of Completion
Once the date of contract is established by the Successor Agency,the Contractor shall strictly adhere to the time of
completion in calendar days set forth in the proposal and any legal extensions granted thereto by the Successor
Agency in accordance with the terms of the specifications. He shall keep his own record of number of calendar days
originally specified in the proposal and the number of days remaining in the contract time.
6-3.3 Working Day
Work shall be completed within forty five(45)calendar days of Notice to Proceed. Normal worlting days are
Monday-Friday, excluding City-observed holiday. Normal worldng hours are from 7:00 AM to 5:00 PM. No
work shall be performed outside normal worldng hours except under extraordinary circumstances and with
prior approval of the City Engineer.
6-4 Delays and Extension of Time
6-4.2 Extension af Time
In the event the work called for under the conlract is not finished and completed in all parts and requirements within
the time specified,the City Council shall have the right to increase the number of calendar days for completion or not,
as may seem best to serve the interest of the City.
Except for the delays beyond Contractor's control as described in Sections 6-4.1 and 402-5,the City shall have the
right to charge the Contractor,his heirs,assigns or sureties and to deduct from the final payment for the work,all or
any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence and other overhead
expenses which are directly chargeable to the Contractor and which accrued during the period of such extensions
except that the cost of the final services and preparation of the final estimates sball not be included in such charges.
In addition to the above charges, Contractor shall pay to the Successor Agency liquidated damages as specified in
Section 6-9 for such delays.
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No extension of time for the completion of the work called for under the contract shall be allowed unless at least
twenty(20)days prior to the time fixed for the complerion thereof,or the time fixed by the Successor Agency Board
of Directors or its designee for such completion as extended, Contractor shall have filed application for extension
thereof,in writing,with the Engineer.
SP-17.1
6-9 Liquidated Damages
For each consecutive calendar day in excess of the time specified,as adjusted in accordance with Subsection 6-6, for
the completion of the work the Contractor shall pay to the City,or have withheld monies due it,,the sum of$300 per
day.
For each consecutive calendar day in excess of the rime specified,as adjusted in accordance with Subsection 6-6,for
completion of the work and submission of all paperwork sixty(60) calendar days after Notice of Completion, the
Contractor shall pay to the City or have withheld from monies due it,the sum of$250 per day. The submission of
all paperwork includes but not limited to Certified Payroll Records, Final Report Utilization of DBE, Final
Compaction Report, Copies of Recorded Centerline Ties with the County Surveyor's office, Record drawings (As-
built),Material DisposaURecycle Form,and Executed Final Contract Change Order,and any necessary documents to
close-out the project.
SECTION 7 -MEASUREMENT &PAYMENT
7-3 Payment
7-3.2 Partial and Final Payment
Partial payments,except the final payment, shall not be made for periods of less than one month. To claim a partial
payment on the amount due or the final payment itself,the Contractor shall obtain approval of ineasurement of quantity
of work completed from the City inspector and shall prepare an invoice showing bid items,unit bid price, quanrity
completed,quantity previously paid,total quantity as of the date oF invoice,amount claimed in the invoice,previous
payment,amount to be retained,and the contract amount unless satisfactory subsritution as pernutted by the provisions
of this section are provided by the Contractor;the amount to be retained by the City shall be 5%of the work completed
as of the date of the payment request. The invoice shall be submitted to the Project Manager,payments are made by
the Finance Department the following week in which they are approved by the City Council.
After completion of the contract,the City Council shall,upon recommendation of the Engineer, accept the work as
completed and authorize the final payment.
The fmal payment shall be the entire sum found to be due the Contractor after deducting there from all previous
payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior
partial estimates and payments shall be subject to correction in the fmal estimate and payment.
The final payment of the retention amount to the Confractor shall be made thirty-five(35) days from the date of the
recording of the Notice of Completion of the work after it is accepted by the City and shall be made on a duly certified
voucher therefore, except as State Law may permit Contractor to receive said final payment prior to said thirty-five
(35)day period after acceptance of work by City.
It is mutually agreed among the parties to the contract that no certificate given or payment made under the contract,
except the final certificate of final payment, shall be conclusive evidence of full or substantial performance of this
contract;no payment shall be construed to be an acceptance of any defecrive work or improper material.
Unless a written notice of protest disagreeing with the approved final payment and a notice of intenrions of addirional
claims is filed with the Engineer prior to acceptance of the approved final payment,the acceptance of the final payment
by the Contractor shall release the City,the City Council,and the Engineer from any and all claims or liabilities on
account of work performed by the Contractor under the contract or any alterarions thereof.
The prime coniractor agrees to pay each subcontractor under this prime contract for sarisfactory performance of
its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of
Orange.Any delay or postponement of payment from the above referenced time frame may occur only for good
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cause following written approval of the City of Orange. This clause applies to both DBE and non-DBE
subcontractors.
The prime contractor agrees further to release retainage payments to each subcontractor within 30 days after the
subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced
rime frame may occur only for good cause following written approval of the City of Orange. This clause applies to
both DBE and non-DBE subcontractors.
7-3.2.1 Substitution of Securities for Retention
In lieu of the City's retaining a portion of progress payments due a contractor, the contractor may elect to deposit
qualifying securities equivalent to the amount to be held. Upon such deposit under an escrow agreement, the funds
must be released.The California Public Contract Code specifies the exact form of escrow agreement(Contract Code
Section 22300,Subdivision E).
7-3.3 Delivered Materials
Materials delivered, but not in place, will not be classed as work done, except as otherwise provided in the
specificarions.
7-3.4 Mobilization
Mobilization shall include the costs incurred by the Contractor for providing bonds,insurance,permits and licenses
as required; initial move-in costs of labor, equipment tools, materials and incidentals; all subsequent move-in and
move-out costs for conshuction of the different items of work required by either the Contractor's operations or due to
the coordination requued by the Contractor with subcontractors,utility agency work,or unforeseen delays described
in Section 6-6.1 beyond the conh�ol of both the Contractor and the City; and all the preparatory work and operations
for which no separate bid item is provided in the proposal.
Payment for MOBILIZATION shall be considered to be included in the various items of work if no separate bid item
for mobilization is provided for in the proposal.
7-3.5 Contract Unit Prices
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve a
substantial change in character of the work from that shown on the Plans or included in the Specification,then an
adjustment in payment will be made.This adjustment will be based upon the increase or decrease in quanrity and the
Contractor Unit Price.
In the case of such an increase or decrease in a Major Bid Item, the use of this basis for the adjustment of payment
will be limited to that portion of the change,which together with all previous changes to that item,is not in excess of
25 percent of the total cost of such item based on the original quantity and Contract Unit Price.Adjustment in excess
of 25 percent may be done by extension of Contract Unit Prices as described above,or pursuant to Section 7-3.5.2 or
7-3.5.3 as appropriate.
A Major Bid Item is identified as a Bid Item that has a total cost of$50,000 minimum or 10%of the Total Contract
Cost whichever is greater.
If a change is ordered in an item of work covered by a Contract Unit Price,and such change does involve a substantial
change in chazacter of the work from that shown on the Plans or included in the Specifications,an adjustment will be
made in accordance with Section 7-3.5.2 or 7-3.5.3 as appropriate.
Should any Contract item be deleted in its entirety, payment will be made only for actual costs incurred prior to
notification of such delerion.
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7-4.1 Egtra Work: General
If the City and the Contractor cannot reach an agreement to establish an agreed lump sum price or stipulated unit
prices, the City reserves the right to direct the Contractor to perform such work using an acceptable substitute
subcontractor. The City may order the Coritractor to obtain bids from three or more subcontractors to perform such
work. Upon written approval of a subcontractor selected by the Engineer,the Contractor shall enter into a subcontract
with such subcontractor to perform such work. All the Contractor's markups shall be in accordance with the provisions
of Section 7-4.3.
The extra work as defined in this section of Standard Specifications,and any work done beyond the lines and grades
shown on the plans, shall only be performed when ordered in wriring by the Engineer. In absence of such written
order,any such work shall be considered unauthorized and will not be paid for. Work so done may be ordered removed
at the Contractor's expense.
7-4.2 Basis for Establishing Labor Costs
The cost of labor shall be the actual cost for wages of workers performing the extra work based on basic hourly rate
plus fringe benefits paid in accordance with the certified payroll statements,plus a labor surcharge of twenty(20%)
percent. This labor surcharge shall be considered to include employer payment of payroll taxes, worker's
compensation insurance,liability insurance,social security,Medicare,Federal and State unemployment,and the State
training taxes. All other compensation to the Contractor for labor on extra work shall be considered included in the
fifteen(15%)percent markup for overhead and profits as amended in Section 7-4.3.
7-4.2.3 Tool and Equipment Rental
When the rental rate of equipment includes an operator, the work performed by such rented equipment shall be
considered subcontracted work and compensation shall be made to the prime contractor pursuant to Section 7-43.2.
Any owned equipment rate shall be detemuned by Caltrans Equipment Rate latest edirion.
7-43 Markup
7-4.3.1 Work by Contractor
A combined single mark up of 15%shall be allowed for labor,material, equipment rental,bonding, and other items
and expenditures and shall consritute for all overhead and profit.
7-4.3.2 Work by Subcontractor
When any of the extra work is performed by a subcontractor,the mazkup established in Section 7-4.3.1 shall be applied
to the subcontractor's costs as determined under Section 7-4.2. Contractor is allowed to markup 5%to the sum of the
subcontractor's costs and markup for all overhead and profit for the contractor on work by the exisring subcontractor.
Contractor can markup 10%to the sum of the subcontractor's costs and markup for all bonding, overhead,and profit
for the contractor on work by a new subcontractor.
SECTION 8 -FACILITIES FOR AGENCY PERSONNEL
Provisions of this secrion do not apply unless otherwise provided in Special Provisions.
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PART 2
CONSTRUCTION MATERIALS
SECTION 201 -ROOF AND RELATED MATERIALS
201-1 General
Roof and related materials shall be manufactured by Henry Co.or City of Orange approved equal.See Attachment 2:
Technical Specifications for properties of the roof and related materials. City of Orange approved equal may be
presented prior to commencement of work,however there is not guarantee the City will approve the alternarive.
PART 4
EXISTING IMPROVEMENTS
SECTION 400-PROTECTION AND RESTORATION
400-1.1 Protection and Restoration of Existing Facilities
The Contractor shall be responsible for the protection of public and private property adjacent to the work and shall
exercise due caution to avoid damage to such property.
Contractor shall protect all existing improvements within the right-of-way, which are not designated for removal.
Existing improvements damaged by the contractor as a result of his operations shall be repaired or replaced by the
Contractor at no cost to the property owner or Successor Agency.
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ATTACIiMENT NO. 2
TEC�CAL SPECIFICATIONS
[Behind this sheet]
IC24. DISPOSAL OF WASTEWATER GENERATED BY MOBILE BUSINESSES &OUTDOOR
ACTIVITIES
Best Management Practices(BMPs)
A BMP is a technique,measure or structural control that is
used for a given set of conditions to improve the quality of 1. Dispose of wastewater according to the instructions
the stormwater runoff in a cost effective manner.� below. No wastewater shall be disposed of into the
Implementation of pollution prevention/good storm drain system.
housekeeping measures may reduce or eliminate the 2. Train employees on these BMPs,storm water
need to •implement other more costly or complicated discharge prohibitions,and wastewater discharge
procedures. Proper employee training is key to the requirements.
success of BMP implementation. 3. Provide on-going employee training in pollution
prevention.
Purpose of this BMP:
Orange County cities and the County of Orange are mandated under NPDES Permits issued by the
California Regional Water Quality Control Boards to prohibit the discharge of pollutants and non-storm water
runoff into the storm drain system. Therefore, untreated wastewater (including wastewater from mobile
detailing, pressure washing,steam cleaning,carpet cleaning, or similar activities)shall not be discharged to
the storm drain system. In an effort to help businesses comply with the NPDES Permit,the cities of Orange
County and the County of Orange have developed the following best management practices (BMPs)for the
proper disposal of wastewater generated by mobile business operations and outdoor activities.
1. General Best Manaaement Practices(BMPs)and Preparation of Work Area
What should 1 do prior fo conducfing a job?
The BMPs presented below are intended to help you comply with local and state regulations that prohibit
wastewater from entering the storm drain system.The following BMPs must be followed by all mobile
businesses or outdoor activities of a fixed business that generate wastewater,regardless of the type of
surface to be cleaned or cleaning operation to be performed:
• Evaluate the chemicals and compounds used for cleaning and reduce or eliminate the use of those that
contain solvents, heavy metals, high levels of phosphates,or very high/very low pH that exceeds the
local sewering agency requirements.
• Walk through the area where the cleaning will occur prior to the start of the job and identify all area
drains,yard drains,and catch basins where wastewater could potentially enter the storm drain system.
• Block/seal off identified drains or catch basins using sand bags,plugs,rubber mats,or temporary
berms.
• Collect all trash and debris from the project area and place them in a trash bin for disposal.
' EPA"Preliminary Dafa Summary of Urban Stormwater Best Management Practices"
IC24 Disposal of Wastewater Generated by Mobile Businesses and Outdoor Activities 1
• Sweep all surface areas prior to cleaning to minimize the amount of suspended solids,soil,and grit in
wastewater.
• Identify the wastewater disposal option that will be used. Whether you are discharging to landscaping
or the sanitary sewer,it is necessary that you meet all the requirements identified below.
• Conduct mobile washing in accordance with all operating instructions provided by the equipment
supplier. Maintain equipment in good working order and routinely check and test all safety features.
What methods can be used to collect wastewater at a sife?
There is no specific containment method that must be used for wastewater collectionldiversion. However,
the system must be adequately designed so that the wastewater does not flow into an on-site or off-site
storm drain inlet. All mobile and existing businesses should use one of the following methods, regardless of
the surface to be cleaned or the type of cleaning operation to be performed:
• Portable containment areas can be made from waterproof tarps,heavy-duty plastic,or rubber matting
equipped with berms to prevent wastewater from running into storm drain inlets or discharge off-site.
Materials that can be used for berms include sand bags or water-filled tubing.Whatever containment
material is used,it must seal tightly to the ground so that no wastewater can pass under or over the
berms.
• When power washing smaller pieces of equipment,containment devices to use may include portable
vinyl swimming pools,plastic 55-gallon drums on casters,and flat metal or plastic containment pads.
• Depending on the volume of wastewater generated,it may be necessary to use a pump system,which
may range in size from a wet-dry vacuum to a sump pump.A natural basin from which to pump can
also be set up by establishing a slightly sloped containment area.
• Stationary or more permanent containment areas can be constructed with cement. Berms and pump
systems may be used to contain wastewater and divert it to a holding tank.
• Commercial wastewater collection systems are also available for power washing.These systems can
range from portable wash pits to self-contained water recycling systems.A list of companies selling this
type of equipment can usually be found in the telephone book under"Pressure Washing Services and
EquipmenY'.
• Storm drain inlet covers can be made of an impermeable barrier such as a heavy-duty vinyl or plastic
secured in place with materials such as concrete blocks,gravel bags,or sand bags.Storm drain inlet
covers may also be available though commercial vendors.
Note: Blocking storm drain catch basin inlets in the public right-of-way(i.e.public street,or other publicly
owned facility)is prohibited as a method of containment,unless expressly permitted by the municipality
typically through an encroachment permit process. Wastewater should be contained on-site prior to
entering the public right-of-way. Contact the local municipality for more information.
IC24 Disposal of Wastewater Generated by Mobile Businesses and Outdoor Activities 2
2. Wastewater Disposal Options
How can I dispose of my wastewater?
Wastewater is not allowed in the storm drain or street. However,the wastewater may be discharged to
landscaping or the sanitary sewer,or it may be picked up and disposed of by a waste hauler. Please note
that if you are unsure of the types of pollutants in the wastewater,laboratory analysis may be required to
establish the proper disposal method.
Choose one of the three wastewater disposal options listed below based upon the following conditions:
Option 1: Discharge Wastewater to a Landscaped Area
The wastewater must meet the following requirements if discharging to landscaping:
• The pH must be between 6.5 and 8.5.This can be checked quickly and easily through the use of
pH paper test strips.
• The wastewater may not contain:
o Toxic materials.
o Degreasers.
o Pollutants that may create a fire or explosion hazard(e.g.,gasoline,diesel).
o Solid or viscous pollutants in amounts sufficient to cause obstruction or blockage of flow.
o Petroleum oil,or other products of mineral oil origin.
o Paint.
Prior to surface washing,you must exercise reasonable means to eliminate large volumes or
concentrations of the above listed pollutants. Common methods to eliminate standing pools of
pollutants include the placement and removal of absorbent over the spilled liquid,dry-sweeping of
solid material and absorbent,and disposing of all material and absorbent properly.
• In addition,wastewater from cleaning food-related vehicles or areas,vehicle engines,and buildings
with lead-or mercury-based paint should not be discharged to landscaping.
• Filter the wastewater if it contains debris,fibers,or other suspended solids.
• Ensure that the wastewater is fully contained within the landscaped area and will fully infiltrate into
the ground prior to leaving the job site.
Option 2: Discharge Wastewater to the SanitaN Sewer
The wastewafer musf comply with fhe following conditions if disposed of into the sanitary sewer system:
• The wastewater temperature must be less than 140°F(60°C).
• The pH must be between 6.0 and 10.0.This can be checked quickly and easily through the use of
pH paper test strips.Adjust the wastewater to a pH that is between 6.0 and 10.0.Dilution is not an
effective or acceptable pretreatment.
IC24 Disposal of Wastewater Generated by Mobile Businesses and Outdoor Activities 3
• The wastewater quality must comply with the local sanitary sewer district's discharge limits and
requirements. The wastewater should not contain large volumes or concentrations of:
o Pollutants that may create a fire or explosion hazard (e.g.,gasoline,diesel).
o Solid or viscous pollutants in amounts sufficient to cause obstruction or blockage of flow.
o Petroleum oil,non-biodegradable cutting oil,or other products of mineral oil origin.
o Oil based paint.
Prior to surface washing,you must exercise any reasonable means to eliminate large volumes or
concentrations of the above listed pollutants. Common methods to eliminate standing pools of
pollutants include the placement of absorbent to adsorb the pollutant,dry-sweeping the absorbent,
and disposing of the absorbent properly.
• No wastewater shall be discharged into any publicly owned sewer manholes without the sewer
agency's written authorization.
o Filter the wastewater if it contains debris,fibers,or other suspended solids.
• If chemicals(e.g.,solvents or acids)are used during the cleaning process,additional precautions
may be needed.Contact your local sanitation district to learn if wastewater containing these
chemicals requires pretreatment before discharge to the sanitary sewer or if it needs to be treated
as hazardous waste.
• Ensure that the wastewater is released at a flow rate and/or concentration,which will not cause
problems, pass through,or interference with the sewerage facilities. Generally,if you are using a
privately owned cleanout,sink,toilet,or floor drain at a client's property,and the flow does not
backup,the flow amount will not cause problems,pass through,or interference with the sewerage
facilities.
• Utilize an approved discharge point such as:
o Privately owned cleanout(or sink,toilet or floor drain),oil/water separator,or below
ground clarifier at the clienYs property where the wash water is generated;
o Privately owned industrial sewer connection at the clienPs property where the wash water
is generated;
o Waste hauler station at sanitary sewer facility;and
o Any other disposal points approved by the sanitary sewer facility.
• Maintain a logbook of all discharges.
Option 3: Dispose of Wastewater Usinq a Professional Hazardous Waste Hauler
Wastewater that can be characterized in any of the following ways must be disposed of using a
hazardous waste hauler:
• Is corrosive(as indicated by a pH value of less than 5.5)or caustic(as indicated by a pH value of
greater than 10.0).
• Contains a pollutant that may create a fire or explosion hazard (e.g.,gasoline,diesel fuel).
IC24 Disposal of Wastewater Generated by Mobile Businesses and Outdoor Activities 4
• Contains solid or viscous pollutants in amounts sufficient to cause obstruction or blockage of flow.
• Contains petroleum oil,non-biodegradable cutting oil,or other products of mineral oil origin.
• Contains other potential hazardous wastes. Examples of other potential hazardous wastes
include:
o Wastewater generated from power washing old paint off a building. Paint chips need to be
collected,evaluated,and disposed of properly. Paint chips cannot be left on the ground at
the job site.Old paint stripped off commercial buildings may contain metals(e.g.,lead,
chromium,cadmium,and mercury),causing it to be a regulated hazardous waste.
o Wastewater used in conjunction with certain solvents and degreasing agents,which may
cause the wastewater to be classified as a listed or characteristic hazardous waste.
You musf comply with the following condifions if a hazardous waste hauler is used:
• Ensure that the waste hauler is certified by the appropriate sanitary sewering agency and the
Orange County Health Care Agency, is Hazardous Waste DOT certified, and is complying with
applicable discharge regulations, which may include obtaining necessary permits and conducting
water quality monitoring requirements. Please contact the Orange County Health Care Agency
and/or the city fire department for specific requirements.
• Identify the wastes involved and determine if a hazardous waste has been generated.
• Maintain a logbook of all discharges and hazardous waste manifests, if applicable.
For additional information contact:
Local Sewering Agency
Orange County Sanitation District
714-962-2411
or visit the website:
www.ocsd.com
City of Orange
Public Works Department—Surface Water Quality
714-532-6480
or visit our website:
www.citvoforanqe.orq
IC24 Disposal of Wastewater Generated by Mobile Businesses and Outdoor Activities 5
HENRY CO.
SPRAYED POLYURETHANE ROOFING SYSTEM
TECHNICAL SPECIFICATIONS
PART 1 GENERAL REQUIItMENTS
1.01 SCOPE
A. This guide specification covers the installation of the,Sprayed Polyurethane Roofing System
(SPRS)which consists of a seamless sprayed-in-place polyurethane foam insulation covered with an
elastomeric coating and a]ayer of ceramic granules for use as an insulated roofing system for both
new and retrofit(re-roofing)construction. The coating materials shall be listed in the Energy Star�
Roof Products Program.
B. The successful application of a SPRS is dependent upon the experience,technology and common
sense of the designer and applicator/contractor. This guide specification is intended as a starting
point for development of more complete specifications for SPRS. The successful application of a
SPRS is dependent upon the experience,integrity and ability of the contractor.
1.02 QUALITY ASSURANCE
A. In the absence of a general contract,the roofing contractor shall be the prime contractor. All
subcontractors shall be idenrified and approved at the time the proposal is submitted.
1 The contractor shall carry a valid state C-39 roofing license.
2 Inspection. A representative of the Henry Co.shall inspect the roof after complerion to assure
that the detail work at the protrusions,drains,parapets and edges has been completed in
conformance with accepted industry practice(including the requirements of the specified
manufacturers warranty).
1.03 SUBMITTALS
A. The following submittals shall accompany the bid:
1. The bidders shall submit verification that they are an approved Henry Co.Contractor.
B. The following technical data shall be submitted upon selection of the roofing contractor:
1. Manufacturers Literature: Submit copy of the manufacturers technical data bullerins for
specified foam and coating materials.
1.04 APPROVED SUBSTRATES
Approved substrates include the following:
Built-up Roofing(Gravel Surfaced or Cap Sheet) Metal decks
Structural Concrete Struct I Plywood
1.05 MATERIALS,DELIVERY AND STORAGE
A. Materials shall be delivered in the manufacturers original,unopened containers,clearly labeled with
the manufaclurers name,product identification,safety information,batch and lot numbers.
B. Containers shall be stored out of the weather and out of direct sunlight at temperatttres specified by
the manufacturer.
1
1.06 ENVIROMENTAL CONDITIONS
A. Weather conditions must be within those listed on the manufacturers technical data bullerins. If
weather conditions change during the applications and the stated conditions are not met,the
application must be stopped until such time as the specified conditions are met. No application may
proceed during inclement weather.
1.07 SCHEDULING
A. All other trades such as structural,mechanical,electrical should have completed their work prior to
the installation of the SPRS.
1.08 WARRANTY
A. Wartanty Submittals to Spray Foam and Roof Coating Manufachuer:
1. Contact Henry sales representative for a complete list of required documents and procedures
prior to material purchase.Warranties submitted without required documents and procedures
completed may result in delay or rejecrion of warranty request.
B. The polyurethane and acrylic elastomer system shall cazry a 10-year Henry Single Source Gold
Seal Warranty:
1. Installing Subcontractor must wananty the system and installation for two(2)years.
2. Spray Foam and Roof Coating Manufachuer must warranty the system and installation;
provide material and labor costs for repair in the event of a leak as a result of faulty material or
faulty worlananship for a period of ten(10)years from the date of substantial complerion.
a. Warranty terms are based on cured roof coating thickness.
b. Refer to Part 3 Execution.
C. Warranty terms shall begin upon"essential completion of SPRS construction"or completion of final
inspecrion/punch list items(if any)not to exceed 45 days from the date that Henry is notified by the
contractor with a written request for warranty.
1.09 INSPECTION
A representarive of the material manufacturer shall inspect the roof after completion to assure that all work
has been completed in conformance with the specifications and accepted industry practice. All material
thickness shall be verified.
PART2PRODUCTS
2.01 PRIMER AND INTENDED APPLICATION SUBSTRATE
A. AsphaltBUR,Masonry&Plywood:Primer shall be single-component neoprene primer,black in
color. The product shall be Acryprime SG as manufactured by Henry Co.
B. New Galvanized Steel and Existing Flashings:
1. Galvanized Metal and Other Non-Ferrous Metals:Pretreahnent Primer No.4860-420 (Reducer
1000-44)as manufactured by Cardinal Industrial Finishes,El Monte,CA,213-283-9335.
2.02 Base Sheet and Fasteners
A. A base sheet if required shall be 72 Lb.fiberglass,mineral surfaced cap sheet as manufactured by
Manville,GAF,or equal.
B. Nailable decks;The fasteners shall be 1-inch,square head,
ring-shank nails as manufactured by Simplex or equal with sufficient length to pene�ate sheathing
or embed a minimum 1-inch into sheathing.
2
C. Mechanical Fasteners and Plates; Screws shall be No. 12,coated,self-taping screws of sufficient
length to penetrate the existing BUR and insulation with 1 inch penetration(minimum)into the
substrate. The plates shall be 2 inch square,coated plates. The screws and plates shall be as
manufactured by Olympic,DeckFast or equal.
2.03 Recover Board/Fire Protection Board
A. A recover board or fire protection board beriveen a wood deck using diagonal sheathing or
insulation board if required shall be Georgia-Pacific Corporation'/<-inch Dens-Deck 4'x 8' sheets.
Dens-Deck may be installed parallel or perpendicular to sheathing,stagger all joints.
2.04 POLYURETHANE INSULATION
Polyurethane insularion shall be a two component polyurethane insulation system formulated for use through
airless equipment. The product shall be PERMAX-2035-3.0 as manufactured by the Henry Company,
Ontario,California. The product shall exhibit the following typical physical properties.
Density(sprayed in place) 3.0 pcf
Compressive strength 45-50 psi
Tensile strength 70 psi
Shear strength 45 psi
Closed cell content 90%min.
K factor(aged) 0.149
Flame spread UIr723 (ASTM E-84) 75 max.*
Roof Deck Classification LTL 790(ASTM E-108)
Maintenance and Repair Class A
ICC ESR-2132
FMRC 4470
*This numerical flame spread rating is not intended to reflect hazards presented by this or any other
material under actual fire conditions.
2.05 FLUID APPLIED ELASTOMERIC COATINGS
The elastomeric coating material shall be an acrylic elastomer coating and shall be an Energy Star�Listed
Product and meet the Standazds for Liquid Applied Coating Used in Roofing ASTM D-6083-97a. The
product shall be Henry Pro Grade 285 as manufactured by Henry Company,Ontario,Caiifomia,with the
following typical physical properties:
Solids Content,by vol. 58-62.0%
Viscosity 95-105 KU
Weight Per Gallon 11.2 f 0.3 lbs.
Flash Point none below boiling point
of product
Coverage(mils/100 SF/gal) 9.5 Dry Mils f 1
Drying Time a 24 wet mils
Dry to Touch 4 hours
Dry—Through 12 hours
Dry-to-Recoat 12—24 hours
Total Cure Time(aprx.) 20—30 days
Permeanance @ 20 mils 50 Perms
Tensile Strength @ break 390 f 100
Tear Resistance 801bf/in.
Elongation,to break Initial 240%
Aged, 1000 hrs 155%f 100
Adhesion/peel test on foam 2.41bs/in.
Hardness Shore A(ASTM D-2240)45
3
Accelerated Weathering 8000 hours(no checking,fading or significant
cracking)
Water Swelling 6.6%
Low Temperahue Flex Pass
Service Temperature Range 40°to 200�F
Roof Deck Classification: UL 790
(ASTM E-108)
Maintenance and Repair Class A
Meets ASTM D6083-Standard Specification for Liquid Applied Acrylic Coating Used in Roofing
ENERGY STAR�Certified
Meets the requirements of California Energy Commission(CEC)Title 24 Secrion 118(i)3
Cool Roof Rating Council(CRRC)Rated
FM Certified
UL Certified as a component within Class"A"and"B"fire rated roof coverings
Meets ICC-ES-ESR-2132
The minimum thickness of the acrylic coating shall be 32 dry mils.
2.06 CAULKING OR SEALANTS
Caulking material shall either be single component polyurethane elastomers such as"Vulkem-921"or
Sikaflex-lA. Caullcing of fabricated metal components or lapping metal joints(except equipment pan seams.
2.07 GRANULES
Granules shall be PERMAX WHITE granules and shall be broadcast into the final coating application while
it is still wet
2.08 EQUIPMENT
A. Equipment for spraying foam shall be manufactured specifically for the applicarion of polyurethane
foam. The equipment shall be airless,capable of maintaining a 1:1 volume ratio and have primary
and hose heaters(300 feet of material hose maximum allowable to meet mix pressure requirements,
Gusmer GX-7 gun with 90 PCD suggested for winter-grade foam systems).
B. Coating equipment shall be an airless type as recommended
by the Henry Co.
PART 3 EXECUTION
3.01 GENERAL
A. In the absence of a general contract,the roofing contractor is the prime contractor and shall be
responsible for additional roof related work which may include but not be limited to the following:
B. The roof contractor shall be responsible for the verification of all measurements relative to
this project.
C. Raising,repairing and modifying existing air conditioning
systems for the installation of curbs,metal pans and duct work.
3.02 ROOF RELATED CARPENTRY WORK STRUCTURAL CERTIFICATION and SLOPE
A. Roof related metal work. Note: All metal work to receive insularion directly shall be cleaned and
free from oil,dirt,oxidation and shall be primed.
4
B. Raising all utility rigid conduit sufficiently for the unobstructed application of roofing insulation
materials undemeath. The conduit may be raised permanently or temporarily and reset upon new
wood sleepers on top of the new SPRS.
C. Overflow drains or scuppers shall be added to the existing drain system if nonexistent or not in
accordance with the local building code. All new drains/scuppers shall comply with the local
building code.
D. Verify that all roof top equipment is in proper working condition at the conclusion of the re-roofing
work or before the next facility business day if the roof work is not yet complete.
E. Before roof construction starts,water test all drain bowls/sumps and associated plumbing to insure
that they are water tight and clear to the discharge level.
F. Roof slope of'/a inch in 12 inches(approximately 2%)is recommended but not required.
3.03 SURFACE CONDITION
A. The contractor shall be responsible for detemuning whether the roof deck is in compliance with
applicable building codes.
B. Owner shall insure that roof top equipment does not discharge liquids onto roo£ All blowers shall
e�aust into a container or the ahnosphere and not onto the roof surface.
C. The surface shall be free from solvent,grease,dust,sediment,dirt and sticky mastic. All extraneous
equipment and equipment supports shall be removed to the roof deck. The contractor shall inspect
areas of the roof which have been extensively patched,exhibit weak decking,or saturated roofmg
material. Suspect areas shall be defined by"bracket core"sampling to detemrine the extent of the
condition. Defective roofing materials shall be tom off and the substrate inspected for water
damage. When defective decking(water damaged)is observed,and when authorized by the owner,
remove and replace with new materials which comply with local building codes. The cost to
replace defective decking shall be shown on the roofing bid as a separate item and priced on a
per square foot basis.
3.04 SURFACE PREPERATION(see attached Construction Details)
A. All blisters in the built up roofing(BUR)less then 6 inches in diameter shall be slit and fastened to
the roof deck using appropriate fasteners and plates. All blisters larger then 6 inches shall be cut
and removed from the deck.
B. Remove loose gravel from all roof surfaces with a power vacuum. Power broom all vacuumed
surfaces and vacuum again.
C. All new metal flashing and existing galvanized steel surfaces shall be primed with 1/3 to 1/2
gallons per 100 square feet of wash primer.
D. All roof surfaces are to be primed with 1!2 gallon per 100 square feet of Henry Acryprime SG
Primer.
E. Masking and Clean up
' 1. All surfaces not to receive foam,such as windows,walls,air conditioners and other
roof mounted equipment are to be carefully masked with tape and paper to avoid
overspray of these surfaces with foam or coating. All coaring is to be terminated in
clean strait lines.
2. NOTES: When masking A/C equipment,all covering of the air intakes shall be
removed at the end of each work shift. No foam shall be allowed to accumulate on fan
blades or cooling fins.
5
F. Perimeter Coping Metal;
Option 1; If coping is to remain lap joints must be cleaned of all mastic and caulk. Prime area,
install self adhearing tape and cover with butter grade elastomeric and reinforcement. Coat over
dried repair. After parapet walls have been foamed,install a"Z"counterfleasing with mechanical
fasteners.
Option 2; Remove coping. Install foam stop edge metal over parapet using appropriate fasteners
6"O.C. Foam parapet and new flashing per detail drawing.
G. HVAC and Roof Mounted Equipment
1. Field Assembled HVAC C�rbs
a. Fully enclosed(boxed)platforms constructed from 2 x 8 (minimum)lumber with
1/2 inch CDX plywood top shall be fabricated. The Tinished grade of the top of
the platform shall be 8-inches(minimum)above the new roof level. A layer of
Henry"Ruftac"or singleply roofing shall be set over the plywood top of the
platform and tumed down at the edge one inch. A new 24 ga.Galvanized,
seamless sheet metal cover shall be installed over the platform. Where large
platfortn covers are required all seams shall be soldered or constructed with a 1
1/2 inches minimum standing seam.Caulking of the seams shall not be
acceptable. The new metal cover shall be 2 inches larger than the wood curb on
all sides with a 2-inch X 60°degree turndown and'/<-inch hem.
b. Prior to setting the new platform into place,apply a minimum of 4-inches of
polyurethane foam insularion into the underside of the platform to provide
insulation,structural strength,and sound deadening. It may be necessary to foam
the vertical sides of the platform prior to setting it into place if clearance on all
four sides is not sufficient for proper foaming. Do not foam the sheet metal
cover into the roof.
2. Pre-Engineered/Manufactured C�rbs
a. New galvanized steel manufactured curbs shall be graded and installed by others to
accommodate downdraft or side discharge HVAC units. The finished grade of the
top of the manufactured curb shall be S-inches(minimum)above the new roof
level. It is important that if the new cutb is supplied with a nailer under the mounting
flange that it be removed prior to sealing the curb into the roof with polyurethane foam
and protective coating. Steel curbs must be primed.
3. OpYlOII 1. All duct work shall receive one inch of foam. NOTE: The duct walls at the
roof penetration shall receive 1 inch of foam on all four sides with a smooth flashing
transition to both the roof and the A/C platfortn sides. (This may require either
disassembly of the duct work or moving the A/C unit prior to foaming.) Do not apply
foam to canvas connector.
Option 2. HVAC ducts shall be cleaned and primed.Apply in rivo separate coats in
con�acring colors 2.5 gallons per 100 sq.ft.Henry PG-285 Elastomeric Coating.
NOTE: The duct walls at the roof penetration shall receive 1 inch of foam on all four
sides with a smooth flashing transition to both the roof and the A/C platform sides.
(This may require either disassembly of the duct work or moving the A/C unit prior to
foaming.) Do not apply foam to canvas connector.
4. If line voltage,low voltage,gas line,and condensate connections are new and only
stubbed-out they must be a minimum of 12-inches above the finished grade of the roof and
supported at the deck. NOTE: ALL ELECTRICAL CONNECTIONS AND GAS
CONNECTIONS MUST BE DISCONNECTED PRIOR TO RAISING TFIE UNIT
AND RECONNECTED AND TESTED AFTER THE UNIT IS RESET.
6
5. All conduit and gas lines must be raised off the roof. After the roof has been foamed,the
conduit can be reset on 2 x 4's set on top of the foam. The old conduit supports shall not
be reused.
H. Internal Drains;
1. All internal roof drains shall be flushed with water to insure that the drains are clear to the
discharge level prior to starting the roofing work.
2. Tear-off all existing roofing at the dropped sump bowl. Remove the clamping ring from the
drain bowl. Remove all broken bolts from clamping rings,re-drill and tap holes as necessary
for replacement with new bolts. Remove all BUR materials from the drain bowl flange and for
a distance. Fasten the edge of the remaining BUR membrane materials to the roof deck with
appropriate fasteners. Apply a bead of elastomeric caulking to the drain bowl clamping ring
contact azeas and refasten the clamping ring with new bolts. Remove excess caulking from
inside of the drain bowl and clamping ring. Mask the inside of the drain and spray a"water
block"from the deck to the top of the clamping ring. Grind excess insularion flush with the top
of the clamping ring. The elastomeric coating shall be applied and"back rolled"in a"pichue
frame"fashion to achieve double the specified thickness of coating around the water enhy area.
Flush drains(a second time)with water to insure that the drains are clear to the discharge level
after all roofing work is completed. The strainers shall be locked over the drain opening(use
existing or new locking rings or install new hardware and fasteners as necessary). All intemal
drains shall be fitted with appropriate strainers or leaf catchers. If new strainers or catchers aze
required(or missing),they shall be metal. Plastic strainers and leaf catchers shall not be
used.
I. Repair or replace all A/C condensate lines and run to a drain or off the roof. Condensate shall not
be discharged into soil pipes or other vents.
7. Low areas:Low areas over 100 square feet in size and greater than 1/2 inch deep shall be filled with
foam to match the surrounding grade and prior to the application of the specified thiclmess of foam.
K All soil pipes and other roof vents shall be masked and remain fully open after foaming.
L. All"T"tops and other roof vents shall be raised as necessary to remain 2 inches above the new
foam line. Two way roof vents shall be demolished.
M. All scuppers shall be opened to comply with local codes regarding the size of the water entry
opening. NOTE: Insure that all existing scuppers are open and have not 6een covered with
other roofing materials. Remove all BUR materials from the entire scupper and flange. Clean
retained metal components and prime. Rusted metal shall be,replaced to match existing or better.
Reseal scupper and flash with foam.
N. All antennae shall be attached to curbs or antenna mounts and guy wires shall not be secured
through the roof.
O. Skylights; All skylights shall have appropriate"Fall-Through"protection. The owner may
elect to replace the e�cisting skylights with new units.
P. Conduit and Piping;
1. All small conduit and gas lines, 1 1/2 inch and under must be raised off the roo£ After the roof
has been foamed,the conduit shall be reset on new redwood 2 x 4's set on top of the foam. The
wood blocks shall be caulked to strips of Yellow Spaghetti walk pads which are caulked to the
granulated top coated foam roof. The old conduit supports shall not be reused.
2. Large conduit and piping, 1 3/4 inch and lazger,shall have new redwood blocks with 24 ga.
Galvanized sheet metal boxes fabricated with minimum 6 inch flange on roof with all joints
7
soldered. These boxes with wood blocks shall be nailed over the existing roof inembrane,
primed,and foamed into place. Piping shall be set onto the blocks and covers and conduit
attached with clamps. Note: Conduit and piping which move during use such that the roof
system may be damaged shall be set upon appropriate roller saddle supports or other
vibration isolating devices.
3.05 SPECIFIC SITE CONDITIONS
A. n.a.
3.06 APPLICATION OF POLYURETHANE INSULATION
A. Environmental conditions
1. Wind velocity shall not exceed 12 miles per hour.
2. Application of spray foam shall not proceed if ambient temperature is less than 50 degrees
Fahrenheit or if the substrate temperahue is less than 60 degrees Fahrenheit.
B. Spray foam is not to be applied over moist substrates or where rain or inclement weather is
imminent.
C. The field of the polyurethane foam shall be applied in minimum'/z-inch lifts to a thiclrness of 1 1/2-
inches(or as otherwise specified). Polyurethane foam may be gradually tapered to edge metal(1-
inch rise metal),roof drains,and scuppers from a distance of up to three feet from edge or drain
outlet. Polyurethane foam may be applied to greater thiclmess than%z-inch per lift if all other
requirements and conditions are met. Low areas over 100 sq.ft.in size and greater than'/:-inch
deep shall be filled with foam to match the surrounding grade and prior to the application of the
specified thickness of foam. All parapet walls shall receive a minimum of 1-inch of foam and the
specified protective coating.
Note: Freshly sprayed foam shall be allowed to set for 15 minutes before being walked upon.
D. Only as much area as can be brought to final thiclrness should be attempted in a day. Phasing of the
foam is strictly forbidden. (Phasing is foam application on one day and coming back the next day or
thereafter and applying another layer of foam. This procedure may lead to the development of
blisters in time). If addirional foam must be added after the 24 hour period,the e�cisting foam must
be a minimum of 1/2 inch of foam in a single pass shall be applied.
E. The foam shall be free from bumps,pinholes and ridges. The surface shall exhibit a smooth or
"orange peel"surface texture. "Popcorn"or"tree bark"surfaces shall be deemed unacceptable.
F. At the internal drain openings,grind the foam to a smooth slope for ease of water entry. New metal
screens shall be provided if the original screens are broken or missing.
G. The foam thickness shall be checked every 500 squaze feet prior to coaring application.
H. If"slip-sheets"are needed to waterproof under piping or other obstructions the following method
shall be used. The specified foam thickness shall be applied to 1/4 inch DensDeck and positioned
under the obstruction. Full edge attachment shall be accomplished using screws and 2 inch plates,9
inches on center with screw length sufficient to penetrate the roof deck(NOTE:Leave a 4 inch gap
between the end of the sheets,do not"butt joint." Foam a"rie-in"in the gap and trim the excess
foam). If the roof deck is concrete then"Tub-Loc","Zonotite",or"Rawl Spike"fasteners shall be
used. Foam shall be applied to the edges of the slip sheet and adjoining roof azea and the"tie-in"
ground smooth if the profile is irregular.
3.07 APPLICATION OF FLUID APPLIED PROTECTIVE COATING
A. General
8
1. Sprayed polyurethane foam must be protected from ultraviolet light in order to avoid
degradation of the polymer. Spray apply,in three separate coats a minimum of 3.75
gallons per 100 sq.ft.Henry Pro Grade 285 Elastomeric Coating.
2. Elastomeric coating shall be applied in a picture frame fashion and back-rolled at the roof
perimeter and tops of parapet walls. The coating shall be applied to 1.5 X the specified
thiclmess and finished with a"I�EAVY APPLICATION"of roofmg granules. This
procedure shall ensure proper sealing of these critical areas.
3. Other areas where the foam has been ground shall also be back rolled and coated to 1.5 X
the specified coating thickness.
B. Spray Applications
1. The coating is to be applied to the surface of the roofmg foam in three uniform passes. The
base coats and topcoat shall be of contrasring colors to assure unifornuty of coverage. The
top coat color shall be white.
2. The specitied thickness of coating shall be verified using an optical comparator.
C. Granules
1. A total of 40 to SO lbs.per 100 square feet of Henry Permax White granules shall be
broadcast into the final white coating application while it is still wet. Complete coverage
with granules to the point of"refusal"shall be required. Areas without granule cover
(bare spots or"shiners")shall be re-coated and granulated to provide complete coverage.
2. Rooftop landings,the azeas surrounding equipment installation,the decks in equipment
wells and walkways between equipment shall receive an additional coating application and
granule surfacing applicarion.
3. Remove all loose granules after the roof coating has cured to prevent them from
wastting into gutters or onto the ground.
D. Wallcways(Option)
Areas approximately 4 feet wide azound HVAC equipment installarions and at the roof access
hatchway shall receive the following treatment.
After the initial granule finish has completely cured,remove all loose granules and apply an
additiona12.0 gallons per 100 square feet of protective top coating and embed 40 to SO lbs.per 100
square feet of ceramic granules into the wet coating. Walkway granules shall be a contrasting color
(White,Gray or Tan)to those used to finish the roof field.
3.08 CLEANING
A. Promptly as the Work proceeds,and upon completion,clean up and remove from the premises all
rubbish and surplus materials resulring from the foregoing Work.
B. Clean soiled surfaces,spatters,and damage caused by Work of this Section.
C. Check area to ensure cleanliness and remove debris,equipment,and excess material from the site.
End.
� 9
� S�P RAYE:D PO LYU RETHAN E
FOAM RD��F.I N G �SYSTE M S
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DETAIL ;
DETAIL 1, HVAC / EQUIPMENT PLATFORM
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4. SPRAYED POlYl1RETHANEINSUlATION
' ' S. ELASTOMERIC COATING SYSfEM(W17H GRANULE SURFACING)
6. MINIMUM Yz IN[H PLYWOOD PLATFORM TOP �
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8. 24 GA.GALVANI2ED SEAMLESS OH STANDING SEAM PLA7FORM COVER
For Modification Call Resin Technolo �Co. 1-800-729-0795
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7. EL/lSTOMEflICSEALANT
B. BUILT-UP POOFlNG REMOVED MINIMUM 721NCHE5 FROM ORAIN BOWL FLANGE .
. EGDE OF BUR TO BE MECNANICALLY A7TACMED TO TU857RATE
. . 9. SBRAVEOPOLYUREfHANEINSUTATIdN �
10. ELASfOME0.K COATING SVSTEIN WI1M GRANULE SUflFAONG,DOUBLE[OATING
' TXICKNESSAROUNDDMINAl1EA '
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For Modificarion Call Resin Technolo Co.1-800-729-0795
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SPRAYED PQLYURETHANE
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FOAM ROOiFI N G SYSTE M S _
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DETAIL 22, EXISTING PARAPET WALL / COPING
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6. SPqAYED POLYUNETHANE INSULATION '
7. ELASTOMENCCOATINGSVSTEM�WITHGRANULESURFAQNG) �
For Modification Call Resin Technolo Co.1-800-729-0795
;
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4. SUBSiNATE �
2. SKYLIGH7CUR8 7'%B"OR MINIMUM 61NCHE5 P.BOVE FINISHED ROOF
3. INTERIOR DRV WALL
4. SPqAYED POLYUpETHANE�NSULATION .
5. ELASTOMERIC CDATING SYSTEM(WRH GRANUIE SUNFACING) �
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, GlNNOT BE APVLIEO VNDER SKYLIGHT FIiAME
• NOTE:NRB MAY BE METAL(OPr10NAL,VEN1'S)
For ivtodification call.Resin Technolo Co. 1-800-729-0795
ATTACHIVIENT NO.3
SECTIONS 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815
OF THE CALIFORNIA LABOR CODE
California Labor Code Section 1725.5. Reeistration of contractors; mandatory re�istration;
qualifications and auplication; fees; exempt contractors
A contractor shall be registered 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) Beginning July 1, 2014, register with the Deparhnent of Industrial Relations in the manner prescribed by
the departrnent and pay an initial nonrefundable application fee of three hundred dollars ($300) to qualify
for registration under this section and an annual renewal fee on or before July 1 of each year thereafter. The
annual renewal fee shall be in a 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.
(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
subject to prevailing wage requirements other than a contractor who is separately registered under this
section. Coverage may be evidenced by a current and valid certificate of workers' compensation Insurance
or certification of self-insurance required under Section 7125 of the Business and Professions Code.
(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000)
of the Business and Professions Code.
(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of
back wages or related damages, interest, fines, or penalties pursuant to any 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 payxnent
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. 3
Page 1 of 11
(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 any contract for public work until once again registered pursuant to this 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 determination by the director pursuant to Section 1773.5 or a court decision, the requirements of this
section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to
identify as a public work that portion of the work that the determination or decision subsequently classifies
as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of
Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work
as defined in this chapter, the contractor and any subcontractors are registered under 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) of this subdivision.
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and
any contract for public work, as defined in this chapter, entered into on or a8er April 1, 2015.
California Labor Code Section 1771. Payment of�eneral prevailinS 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. 3
Page 2 of 11
California Labor Code Section 1771.1. Resistration as a contractor or subcontractor required Arior
to bid submission; exceptions; substitutions; Internet listing of reSistered contractors
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 4104 of the Public Contract Code, or engage in the performance of any 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 public work pursuant to
Section 1725.5 at the time the contract is awarded.
(b)Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public
works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof
of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid
proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive,
provided that any of the following apply:
(1)The subcontractor is registered prior to the bid opening.
(2) Within 24 hours 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 registered to perform public work as required by subdivision(a) shall be
grounds under Section 4107 of the Public Contract Code for the contractor,with the consent of the awarding
authority, to substitute a subcontractor who is registered to perform public work pursuant to Section 1725.5
in place of the unregistered subcontractor.
(e) The 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.
(fl 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) 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.
California Labor Code Section 1771.4 Additional requirements when biddin� and awardinS Aublic
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 Deparhnent of Industrial Relations.
Attachment No. 3
Page 3 of 11
(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) The deparirnent shall undertake those activities it deems necessary to monitor and enforce compliance
with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the
requirements of subdivision(a) of this section 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)(1) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works
projects awarded on or after January 1, 2015.
(2) The requirements of paragraph(3) of subdivision(a) shall only apply to the following proj ects:
(A) Projects that were subject to a requirement to furnish records to the Compliance Monitoring Unit
pursuant to Section 16461 of Title 8 of the California Code of Regulations, prior to the effective date of this
section.
(B)Projects for which the initial contract is awarded on or after April 1, 2015.
(C) Any other ongoing project in which the Labor Commissioner directs the contractors or subcontractors
on the project to furnish records in accordance with paragraph(3) of subdivision(a).
(D)All projects, whether new or ongoing, on or after January 1, 2016.
California Labor Code 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 fifiy dollars ($ 50) 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 cra8 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:
Attachment No. 3
Page 4 of 11
(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 ten dollars ($10) 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 twenty dollars ($20) 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 thirty dollars ($30) 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) When the amount due under this section is collected from the contractor or subcontractor, any
outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against
that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that
contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only
for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid 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 Sections 1771, 1775, 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,
Attachment No. 3
Page5of11
including, but not lunited to, retaining sufficient funds due the subcontractor for work performed on the
public works project.
(4) Prior to making fmal payment to the subcontractor 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) The Division of Labor Standards Enforcement shall notify the contractor on a public works project
within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure
of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages.
California Labor Code Section 1776. Pavroll records; retention; inspection; noncompliance penalties;
rules and re�ulations
(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
performed by his or her employees on the public works project.
(b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for
inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or 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 fumished upon request to a representative of the body awarding the contract, the Division of
Labor Standards Enforcement, and the Division of Apprenticeship Standards 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 thereo£ However, a request by the public shall be made
through either the body awarding the contract, the Division of Apprenticeship Standards, 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, subcontractors, and the entity through which the request was made. The
public may not be given access to the records at the principal office of the contractor.
(c) 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.
Attachment No. 3
Page6of11
(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) 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, the Division of Apprenticeship Standards, 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 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 prevent disclosure of an individual's name and social security number. A joint labor management
committee may maintain an action in a court of competent jurisdiction against an employer who fails to
comply with Section 1774. The court may award restitution to an employee for unpaid wages and may
award the joint labor management committee reasonable attorney's fees and costs incurred in maintaining
the action. An action under this subdivision may not be based on the employer's misclassification of the
craft of a worker on its certified payroll records. Nothing in this subdivision limits any other available
remedies for a violarion of this chapter.
(� 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.
(g) 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 on
whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each calendar day, or
portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld
from progress payments then due.A contractor is not subj ect to a penalty assessment pursuant to this section
due to the failure of a subcontractor to comply with this section.
(h) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this
section.
(i) 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.
California Labor Code Section 1777.5. EmploVment of registered apprentices; wa�es; standards;
number; apprenticeable craft or trade; exemptions; contributions
(a) Nothing in this chapter shall prevent the employment of properly registered apprentices upon public
works.
Attachment No. 3
Page 7 of 11
(b) Every apprentice employed upon 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
or trade to which he or she is registered.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that
have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written
apprentice agreements under 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) When 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) Prior to 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 that can supply 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 where the contractor agrees to be bound by those standards, but, except as
otherwise provided in this section, in no case shall the ratio be less than one hour of apprenrice work for
every five hours of journeyman work.
Attachment No. 3
Page 8 of 11
(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. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Chief of the
Division of Apprenticeship Standards, 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 that has agreed to be covered by an apprenticeship program's
standards upon the issuance of the approval certificate, or that 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 Chief of the Division of Apprenticeship Standards
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) When 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 joumeymen or apprentices in any apprenticeable craft or trade shall contribute to the California
Apprenticeship Council the same amount that the director determines is the prevailing amount of
apprenticeship training contributions in the area of the public works site. A contractor may take as a credit
Attachment No. 3
Page9of11
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) 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 Division of Apprenticeship Standards for administering this subdivision,by making
grants to approved apprenticeship programs for the purpose of training apprenrices. The funds shall be
distributed as follows:
(A) 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.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or
trade and geographic area for which the training contributions were made to the council, the grant shall be
divided among those programs based on the number of apprentices registered in each program.
(C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the
future expenses of the Division of Apprenticeship Standards.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship
Training Contribution Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340
of the Government Code, all money in the Apprenticeship Training Contribution Fund is hereby
continuously appropriated for the purpose of carrying out this subdivision and to pay the expenses of the
Division of Apprenticeship Standards.
(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 contractors involve less than thirty thousand dollars ($30,000).
(p)All decisions of an apprenticeship program under this section are subject to Section 3081.
California Labor Code� Section 1813. Forfeiture for violations; contract stiuulation; 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
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.
Attachment No. 3
Page 10 of 11
California Labor Code 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 1/2
times the basic rate of pay.
Attachment No. 3
Page 11 of 11
ATTACHMENT NO. 4
CALIFORNIA PUBLIC CONTRACT CODE SECTI01�19204
§ 9204. Legislative findings and declarations regarding timely and complete payment of contractors for
public works projects; claims process
Effective: January 1, 2017
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that
all construction business performed on a public works project in 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 project 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 Deparhnent 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 Deparhnent 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. 4
Page 1 of 4
(v) The Military Department as to any project under the jurisdiction of that deparhnent.
(vi)The Deparhnent of General Services as to all other projects.
(vii)The High-Speed Rail Authority.
(4) "Public works projecY'means the erection, construction, alteration, repair, or improvement of any public
structure, building, road, or other public improvement of any kind.
(5) "Subcontractor" means any 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 following receipt of a claim sent
by registered mail or certified mail, return receipt requested, the public entity shall have up to three days
following the next duly publicly 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 tune prescribed, the claimant may demand in writing an
informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in
writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(B)Within 10 business days following the conclusion of the meet and confer conference, if the claim or any
portion of the claim remains in dispute, the public entity shall provide the claimant a written statement
identifying the portion of the claim that remains in dispute and the 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 pariy to
mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by
Attachment No. 4
Page 2 of 4
its respective mediator in connection with the selection of the neutral mediator. If inediarion is unsuccessful,
the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes 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 rejected in its entirety. A claim that is denied by reason of the public entity's failure to have
responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not
constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of
the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per
annum.
(5) If a subcontractor or a lower tier 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 writing, either on his
or her 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 requirements in
addition to the provisions of this section, so long as the contractual provisions do not conflict with or
otherwise impair the timeframes and procedures set forth in this section.
(g)This section applies to contracts entered into on or after January 1, 2017.
Attachment No. 4
Page 3 of 4
(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available
through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a
later enacted statute,that is enacted before January 1, 2020, deletes or extends that date.
Attachment No. 4
Page 4 of 4
City of Orange: Summary of Bid Abstracts for:
Roof Coating at Police Headquarters and Water Yard 1 ' . 2
Bid No. 189-17;Project No. SP-4085
Date of Bid Opening: 1/24/2019
ENGINEER'S ESTIMATE Wiltshire Urethane Foam Co. Bell Roof Company,Inc.
Tel.No. (909)599-1217 Tel.No. (909) 885-6863
NO. DESCRIPTION OF WORK UANTITY LTNIT PRICE AMOUNT iJNIT PRICE AMOUNT LTNIT PRICE AMOUNT
West Palmyra Avenue Street Rehabilitation
Prepare and apply roof coating to Original
Police Headquarters roof per �
Specification for polyurethane foam
1 roofing system or approved equal 35,100 SF $ 4.10 $143,910.00 $5.35 $187;785.00 $6.02 $211,171.00
(Minimum 1.5 inch thick),inclusive of
flashing
Prepare and apply roof coating to Original
Water Yard roof"A"per Specificarion
for polyurethane foam roofing system or
2 approved equal(Minimum 1.5 inch thick), 6,520 SF $ 3.75 $24,450.00 � $4.90 $31,948.00 $7.01 $45,712.00
inclusive of flashing and applying -
polyurethane foam system to exposed
HVAC ducts �
Prepare and apply roof coating to Original
Water Yard roof"B"per Specification � -
3 (D) for polyurethane foam roofing system or 3,900 SF $ 3.75 $14,625.00 � $4.58 $17,862.00 $5.29 $20,634.00
approved equal(Minimum 1.5 inch thick),
inclusive of flashing
Prepaze and apply roof coaring to Original
4(D)Water Yazd roof"C"per Specificarion 1,550 SF $ 3.75 $5,812.50 $4.58 $7,099.00 $8.59 $13,317.00
for polyurethane foatn roofing system or
approved equal(Minimum 1.5 inch thick)
Total $188,797.50 $244,694.00 $290,834.00
Notes �Item 4 has wrong unit price.
Page 1 of 3
City of Orange: Summary of Bid Abstracts for:
Roof Coating at Police Headquarters and Water Yazd 3 4 5
Bid No. 189-17;Project No. SP-4085
Date of Bid Opening: 1/24/2019
Newbuild Construction and Best Contracting Services,Inc. Cook Coating,Inc.
Restoration,Inc.
Tel.No. (951)279-6869 Tel.No. (310)328-6969 Tel.No. (951)296-2664
NO. DESCRIPTION OF WORK UANTITY UrTIT PRICE AMOUNT LTNIT PRICE AMOUNT iJNIT PRICE AMOUNT
West Palmyra Avenue Street Rehabilitation
Prepare and apply roof coating to Original
Police Headquarters roof per
1 Specificarion for polyurethane foam 35,100 SF $6.00 $210,600.00 $7.26 $254,826.00 $7.60 $266,770.00
roofing system or approved equal
(Minimum 1.5 inch thick),inclusive of
flashing
Prepare and apply roof coating to Original
Water Yard roof"A"per Specification
for polyurethane foam roofing system or
2 approved equal(Minimum 1.5 inch thick), 6,520 SF $7.00 $45,640.00 $6.14 $40,032.80 $6.24 $40,656.00
inclusive of flashing and applying
polyurethane foam system to exposed
HVAC ducts
Prepare and apply roof coating to Original
Water Yard roof"B"per Specification
3 (D) for polyurethane foam roofing system or 3,900 SF $7.00 $27,300.00 $5.84 $22,776.00 $5.55 $21,648.00
approved equal(Minimum 1.5 inch thick),
inclusive of flashing
Prepare and apply roof coating to Original
4(D)Water Yard roof"C"per Specification 1,550 SF $7.00 $10,850.00 $6.60 $10,230.00 $7.40 $11,472.00
for polyurethane foam roofing system or
approved equal(Minimum 1.5 inch thick)
Total $294,350.00 $327,864.80 $340,546.00
Notes Coaect total should be$294,390. All unit Price calculations are in
eaor
Page 2 of 3
City of Orange: Summary of 8id Abstracts for:
Roof Coating at Police Headquarters and Water Yard 6 'J
Bid No. 189-17;Project No. SP-4085
Date of Bid Opening: 1/24/2019
Brazos Urethane,Inc. Universal Coating,Inc.
Tel.No. (559)674-1111 Tel.No. (559)233-6300
NO. DESCRIPTION OF WORK UANTITY iJIVIT PRICE AMOUNT LJNIT PRICE AMOUNT
West Palmyra Avenue Street Rehabilitation
Prepare and apply roof coating to Original
Police Headquarters roof per
1 Specification for polyurethane foam 35,100 SF $7.60 $266,760.00 $14.68 $515,268.00
roofing system or approved equal
(Minimum 1.5 inch thick),inclusive of
flashing
Prepare and apply roof coating to Original
Water Yard roof"A"per Specification
for polyurethane foam roofing system or
2 approved equal(Minimum 1.5 inch thick), 6,520 SF $7.35 $47,922.00 $14.68 $95,713.60
inclusive of flashing and applying
polyurethane foam system to exposed
HVAC ducts
Prepare and apply roof coating to Original
Water Yazd roof"B"per Specification
3 (D) for polyurethane foam roofing system or 3,900 SF $5.84 $22,776.00 $13.50 $52,650.00
approved equal(Minimum 1.5 inch thick),
inclusive of flashing
Prepare and apply roof coating to Original
4(D)Water Yard roof"C"per Specificarion 1,550 SF $1132 $17,546.00 $9.00 $13,950.00
for polyurethane foam roofing system or
approved equal(Minimum 1.5 inch thick)
Total $355,004.00 $677,581.60
Notes
Page 3 of 3
CITY COUNCIL MINUTES FEBRUARY 12, 2019
3. CONSENT CALENDAR(Continued)
3.21 Award of Contract for Bid No. 189-17; Roof Coating at Police Department
Headquarters and Water Yard to Wiltshire Urethane Foam Company. (A2100.0; ,
Agr-6740) '
ACTION: 1) Authorized the appropriation of $40,000 from Water Utility Operations
unreserved fund balance to expenditure account number 600.5028.56020.19809, Capital
Improvement Plan City Facility Improvements; and 2)Awarded the contract in the amount
of $244,694 to Wiltshire Urethane Foam Company of San Dimas, California and
authorized the Mayor and City Clerk to execute on behalf of the City.
3.22 Approval of"NO FEE" parking permits in Municipal Parking Lot No. 2 on South
Orange Street for the Assistance League of Orange(ten permits)and the First United
Methodist Church (two permits). (54000.5.3.1.2)
ACTION: 1) Approved the request and issue the twelve parking permits to be valid from
July 1,2019,through December 31,2019; and also from January 1,2020,through June 30,
2020; and 2)Authorized the Public Works Director to approve"NO FEE"parking permits
in the Municipal Parking Lot on an annual basis, not to exceed fifteen permits.
3.23 Purchase and installation of antenna equipment for Reservoir 10, from Leverage
Information System,Inc. as a sole source vendor. (C2500.M)
ACTION: Authorized the purchase of antenna equipment and installation service from
Leverage Information System, Inc. for$22,569.
r
3.24 Purchase of firearms for tLe Police Department's patrol fleet. (C2500.I�
ACTION: 1)Approved the purchase of 50 Colt M4s from ProForce Law Enforcement,for
a total not-to-exceed amount of$87,003; and 2) Authorized the appropriation of$87,003
in the following expenditure account number 354.4011.55131.00000, AB3229-
COPS/State—Supplemental Law Enforcement Services—Equipment Additions.
3.25 Purchase of support agreement from Sidepath,Inc. for the Civic Center storage area
network. (C2500..n
NOTE: Mayor pro tem Murphy recorded an abstention due to a potential conflict with
employment.
ACTION: Approved the purchase of the support agreement from Sidepath, Inc. in the
amount of$40,689.48.
, 3.26 Purchase of Genesis Rescue Tools from Municipal Emergency Services tLrough a
cooperative purchase agreement. (C2500.I�
ACTION: Approved the purchase of two complete sets of Genesis Rescue Tools and
accessories for $110,118 from Municipal Emergency Services, through a cooperative
purchasing agreement.
PAGE 6