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03.49 Handy Park Irrigation Booster Pump OF_�1t U�,S`ta oaaoaqrFa!�''�� . �:' ;i= A GENDA ITEM $ZCF�?�r�6,�GPv��°Q +� June 11, 2019 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto, City Manager / FROM: Bonnie Hagan, munity Services Director �� REVIEW: City Manag r inance ��/� 1 . SUBJECT Contract with Zimprich Engineering Inc. in the amount of $80,000 for installation of an irrigation booster pump at Handy Park. 2. SUMMARY This contract provides all labor and materials necessary to install a new irrigation booster pump at Handy Park. The scope includes demolition, masonry, electrical, planting, and irrigation work. The new pump will replace the old inefficient pump, allowing for greater irrigation efficiency. 3. RECOMMENDED ACTION Approve the contract with Zimprich Engineering Inc. in an amount not to exceed $80,000 for installation of an irrigation booster pump 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 $80,000 and will be funded in Booster Pump Installation at Various Parks (Project 20184) through Park Acquisition and Development (511). 5. STRATEGIC PLAN GOALS Goal 3: Enhance and Promote Quality of Life in the Community a: Renovate, maintain, develop, and/or expand public use spaces and places. 6. DISCUSSION AND BACKGROUND Background - Handy Park is an active 7.3 acre community park. The park features two reservable lighted baseball fields, an overlay soccer/football field, a volleyball court, tot lot, non- reservable picnic shelter, a large turf area, a concession stand, and a community room. The park's irrigation booster pump is aging, and is undersized for today's uses. The ITEM �J .� 1 06/11/2019 current pump has proven to be inadequate and not reliable. The existing irrigation system _ does not have the adequate water pressure needed to efficiently operate all park valves. Discussion The new booster pump will be located aboveground and installed on a concrete pad that is approximately 5' by 4' in size. The current operating pressure for the irrigation system does not allow for maximizing the use of the watering window during park closure hours from 11:00 p.m. —5:00 a.m. In order to maximize use of the available time, it is necessary to operate multiple valves concurrently. The proposed booster pump will increase the operating pressure to the system, allowing for multiple valves to water at the same time, maximizing penetration of water into the soil, and minimizing runoff. Staff issued a request for bids for a installation of a new pump based on Bid No.189-27 Booster Pump Installation at Handy Park, which was included as part of the scope of work. Seven bids were received, and Zimprich Engineering Inc. is the lowest responsible bidder, in the amount of $80,000. A bid abstract summary is attached. Funding for the new booster pump is available within the appropriated budget for the Booster Pump Installation at Various Parks capital improvement project through Park Acquisition and Development (Fund 511). If awarded, it is anticipated the project will begin in July and be completed within 30 working days. 7. ATTACHMENTS 1. Bid Abstract Summary 2. Contract ITEM 2 06/11/2019 Booster Pump Installation at Handy Park BID ABSTRACT SUMMARY � Bid No. 189-27 Date Advertised: 3/7/2019 Bid Due Date: 4/4/2019 Engineer's Cost Estimate: $80,000 Innovative Fleming GCI Mehta Caliagua, Company/Contractor Zimprich Construction L & S Environmental, Construction, Mechanical Inc. Engineering Solutions Construction Inc. Inc. Company, I nc. Anaheim, Ca. Costa Mesa, Orange, Ca. Fullerton, Ca. San La Palma, Yorba City (Location of Company) Ca Clemente, Ca. Linda, Ca. Ca. Bid Amount Per Request for Bids $80,000 $81,000 $82,300 $85,973 $114,327 $134,501 $162,000 Recommended %Award CONTRACT [Booster Pump Installation at Handy Park(Bid No. 189-27)] THIS CONTRACT (the "Contract") is made and entered into as of , 2019 ( "Effective Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and ZIMPRICH ENGINEERING, INC, a California corporation ("Contractor"), with its principal office for purposes of this Contract at 246 S. Larkwood Street,Anaheim, CA 92808 ARTICLE 1 Work Performed a. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by City, and under the conditions expressed in the two (2) bonds presented to City with this Contract and incorporated herein by this reference, Contractor hereby agrees to and shall do all the work and furnish all the labor, materials, tools and equipment, except such as are mentioned in the specifications to be furnished by City to Contractor, necessary to complete in good workmanship and substantial manner the work(herein referred to as the"Work") described in: (1) Contractor's Proposal (E�ibit A), which includes a copy of the Construction Plans for Booster Pump Installation at Handy Park prepared for City by RHA Landscape Architects (the"Plans"); (2) The latest edition of the "City of Orange Standard Plans and Specifications" (the "Orange Book") with the term "Engineer", as used in the Orange Book and in this Contract,to specifically include the City Engineer(or his/her designee); (3) The "Standard Specifications for Public Works Construction" (the "Green Book"), and all amendments thereto; (4) The City of Orange Landscape Standards and Specifications. b. Contractor acknowledges that it has received the Plans from City and that a complete copy of the Plans are in its possession and are hereby specifically referred to and by such reference made a part hereof. The Orange Book, Green Book, and City of Orange Landscape Standards and Specifications are on file with City's Community Services Deparhnent and are hereby specifically referred to and by such reference made a part hereof. Contractor hereby acknowledges that it has read, reviewed and understands the Plans, the Orange Book, the Green Book, and the City of Orange Landscape Standards and Specifications as they relate to the Work, all of which documents shall be referred to herein collectively as the "Plans and Specifications". c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal Code which requires, among other things, that Contractor utilize City's exclusive solid waste hauler for the rental of bins for trash and debris removal and imposes mandatory recycling requirements for self-hauled construction and demolition waste. The terms and conditions set forth in this Contract shall control over any terms and conditions in the Plans and Specifications to the contrary. d. The Work shall be performed in conformity with the Plans and Specifications and the Proposal and all applicable laws, including any and all applicable federal and state labor laws and standards and applicable prevailing wage requirements and any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment. e. Unless and until otherwise notified in writing by City's Community Services Director, City Parks Maintenance Supervisor David Nobbs ("Authorized City Representative"), shall be the person to whom Contractor will report for the performance of the Work hereunder. It is understood that Contractor's performance hereunder shall be under the direction and supervision of the Authorized City Representative or such other person as City's Community Services Director may designate from time to time, that Contractor shall coordinate the Work hereunder with the Authorized City Representative to the extent required by the Authorized City Representative, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the Authorized City Representative or City's Community Services Director. f. It is expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said_proposal conflicting herewith. ARTICLE 2 Commencement of Work Contractor agrees to commence the Work provided for in this Contract within fifteen (15) days of the date of the issuance by City of a Notice to Proceed and to diligently prosecute completion of the Work within thirty(30)calendar days from such date or as otherwise agreed to by and between the Project Manager and Contractor. Time is of the essence in this Contract. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. ARTICLE 3 Compensation Contractor agrees to receive and accept an amount not to exceed EIGHTY THOUSAND DOLLARS AND 00/100 ($80,000.00) as full compensation for furnishing all materials and doing all the Work contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage arising out of the nature of the Work, from the acts of the elements; (2) any unforeseen difficulties or obstxuctions which may arise or be encountered in the prosecution of the Work until its acceptance by City; (3) all risks of every description connected with the Work; (4) all expenses incurred by or in consequence of the suspension or discontinuance of the Work; (5) and 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. 2 ARTICLE 4 Licenses Contractor represents that it and any subcontractors it may engage, possess any and all licenses which are required under state or federal law to perform the Work contemplated by this Contract and that Contractor and subcontractors shall maintain all appropriate licenses, including a City of Orange business license, at its cost, during the performance of this Contract. ARTICLE 5 Guarantees a. Contractor guarantees the construction and installation of all work included in the Plans and Specifications for which Contractor has been awarded this Contract. b. Should any of the materials or equipment installed pursuant to this Contract prove defective or should the Work as a whole prove defective, due to faulty equipment, workmanship, materials furnished or methods of installations, or should said Work or any part thereof fail to function properly, as designed, due to any of the above causes within twelve (12) months after the date on which said Work specified in this Contract is accepted by City, Contractor shall make repairs and furnish such materials and equipment as are necessary to be furnished and installed within fifteen(15) calendar days after the receipt of a demand from City. c. Said Work will be deemed defective within the meaning of this guarantee in the event that it fails to function as originally intended either by the Plans and Specifications of this Contract or by the manufacturer(s) of the equipment incorporated into the Work. d. In the event repairs are not made within fifteen (15) calendar days after Contractor's receipt of a demand from City, City shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand, for all expenses incurred in restoring said Work to the condition contemplated in this Contract, including the cost of any equipment or materials replaced. e. It is understood that emergency repairs may, by necessity, be made by City. Therefore, when defective equipment, materials or workmanship result in emergency repairs by City, Contractor shall reimburse City, upon demand, for all expenses incurred. Emergency repairs will be deemed as those repairs determined by City's Director of Community Services to be necessary due to an immediate detriment to the health, safety, welfare or convenience of the residents of City. ARTICLE 6 Water Quality a. The Santa Ana Regional Water Quality Control Board ("RWQCB") has issued National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the "Permit"), which governs storm water and non-storm water discharges resulting from municipal , activities performed by City or its contractors. In order to comply with the Permit requirements, the County of Orange has prepared a Drainage Area Management Plan ("DAMP"), containing 3 Model Maintenance Procedures with Best Management Practices ("BMPs") that City and its contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, storm water runoff, and receiving water quality. Examples include: wash water from cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped areas. b. The Permit, the DAMP and the Model Maintenance Procedures are on file in the office of City's Director of Public Works. Contractor hereby acknowledges that it has read, reviewed and understands the Permit, the DAMP and the Model Maintenance Procedures, as they relate to the Work and hereby agrees to perform the Work in conformance therewith. ARTICLE 7 Independent Contractor, Contractor not Agent a. At all times during the term of this Contract, Contractor shall be an independent contractor and not an employee of City. City shall have the right to control Contractor only insofar as the result of Contractor's services rendered pursuant to this Contract. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Contract. Contractor shall, at its sole cost and expense, furnish all facilities,materials and equipment which may be required for furnishing services pursuant to this Contract. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its subcontractors, agents and employees, including , compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long- term disability or workers' compensation insurance benefits. b. Except as City may specify in writing, Contractor shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied,to bind City to any obligation whatsoever. ARTICLE 8 Public Work, Prevailing Wage a. The Work which is the subject of this Contract is a "public work", as that term is defined in Section 1720 of the California Labor Code, for which prevailing wages must be paid. To the extent Contractor's employees will perform any work t�iat falls within any of the classifications for which the Department of Labor Relations of the State of California promulgates prevailing wage determinations, Contractor hereby agrees that Contractor, and any subcontractor under it, shall pay not less than the specified prevailing rates of wages to all such workers. The general prevailing wage determinations for crafts can be located on the website of the Department of Industrial Relations (www.dir.ca.gov/DLSR). Additionally, to perform work , 4 under this Contract, Contractor must meet all State registration requirements and criteria, including project compliance monitoring. b. Attached hereto as Exhibit B, and incorporated herein by this reference is a copy of the provisions of Sections 1725.5, 1771, 1771.1, 1771.4, 1775, 1776, 1777.5, 1813 and 1815 of the California Labor Code. Contractor hereby acknowledges that it has read, reviewed and understands those provisions of the Labor Code and hereby agrees to and shall prosecute and complete the Work under this Contract in strict compliance with all of those terms and provisions. c. Contractor hereby agrees to and shall secure the payrnent of compensation to its employees in accordance with the provisions of Section 3700 of the California Labor Code. Accordingly, and as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions ' of that code, and I will comply with such provisions before commencing the performance of the work of this contract." d. Contractor hereby agrees to and shall indemnify, protect, defend and hold harmless City and its officers, employees, contractors and agents, with counsel reasonably acceptable to City, from and against any and all loss, liability, damage, claim, cost, expense, and/or"increased costs" (including reasonable attorney's fees, court and litigation costs, and fees of expert witnesses) which result or arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages). It is agreed by the parties that, in connection with the construction of the 'Work which is the subject of this Contract, Contractor shall bear all risks of payment or non- payment of state prevailing wages. "Increased costs" as used in this paragraph shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Contract. ARTICLE 9 Equal Employment Opportunity During the performance of this Contract, Contractor agrees as follows: , a. Contractor shall not discriminate against any employee or applicant for employment because of race, color,religion, sex,national origin,mental or physical disability, or any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. 5 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 to race, color, religion, sex, national origin, mental or physical disability, or any other basis prohibited by applicable law. c. Contractor shall cause the foregoing paragraphs (a) and (b) to be inserted in all subcontracts for any work covered by this Contract, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. ARTICLE 10 Conflicts of Interest Contractor agrees that it shall not make, participate in the making, or in any way attempt to use its position as a contractor to influence any decision of City in which Contractor knows or has reason to know that Contractor, its officers, partners, or employees have a fmancial interest as defined in Section 87103 of the Government Code. ARTICLE 11 Indemnity Contractor agrees to and shall defend, indemnify and hold harmless City and its officers, officials, agents, employees, attorneys, and contractors from and against any and all claims, liabilities, losses, damages, penalties, costs or expenses (including reasonable attorneys' fees and court costs) which City may directly or indirectly sustain or suffer arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or the property of any person which shall occur on or adjacent to the real property which is the subject of this Contract, or in connection with performance of this Contract which may be directly or indirectly caused by the acts or omissions of Contractor or its officers, employees, contractors or agents, or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release of a hazardous waste or substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any willful misconduct, negligence or breach of this Contract by City or its officers, officials, agents, employees, attorneys, or contractors. The foregoing indemnity shall survive termination of this Contract. ARTICLE 12 Insurance a. Contractor shall procure and maintain for the duration of this Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Contractor, its agents,representatives, employees or subcontractors. b. Coverage shall be at least as broad as: 6 (1) ISO Form CG 00 O1 - Commercial General Liability coverage. (2) ISO Form CA 00 O1 -Automobile Liability, code 1 (any auto). (3) Workers' Compensation insurance as required by California law. (4) Employer's Liability Insurance. c. Contractor shall maintain the following minimum amount of insurance: the greater of(a)the limits set forth in 1 through 4,below; or(b) all of the insurance coverage and/or limits carried by or available to Contractor. (1) General Liability $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability $1,000,000 per accident for bodily injury and property damage. (3) Workers' Compensation as required by the State of California. (4) Employer's Liability $1,000,000 per accident for bodily injury or disease. d. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits which are applicable to a given loss shall be available to City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of Contractor under this Contract. e. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions with respect to City, its officers, officials, agents and employees; or Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. f. Each policy of general liability and automotive liability insurance shall contain, or be endorsed to contain,the following provisions: (1) City, its officers, officials, agents and employees are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Contractor (any auto), and with respect to liability arising out of work or operations perfortned by or on behalf of Contractor, including materials,parts or equipment furnished in connection with such work or operations. 7 (2) General Liability coverage shall be provided in the form of an Additional Insured Endorsement(ISO Form CG 20 10 11 85 or such other form as may be acceptable to City)to Contractor's insurance policy, or as a separate owner's policy. (3) For any claims related to this project, Contractor's insurance coverage shall be primary insurance with respect to City, its officers, officials, agents and employees. Any insurance or self-insurance maintained by City, its officers, officials, agents and employees shall be excess of Contractor's insurance and shall not contribute with it. (4) 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 City. g. The minimum liability coverage required above shall apply to City as an additional insured. h. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Article 12. The endorsements should be on forms acceptable to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. i. All insurance procured and maintained by Contractor shall be issued by insurers admitted to conduct the pertinent line of insurance business in California and having a rating of Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. j. Contractor shall immediately notify City if any required insurance lapses or is otherwise modified and cease performance of this Contract unless otherwise directed by City. 'In such a case, City may procure insurance or self-insure the risk and charge Contractor for such costs and any and all damages resulting therefrom by way of set-off from any sums owed Contractor. k. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer may acquire against City by virtue of the payment of any loss under such insurance. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors. Contractor agrees to obtain any other endorsement that may be necessary to effect this waiver of subrogation. 8 1. Contractor shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. ARTICLE 13 Termination City, acting through its City Manager or his/her designee, reserves the right to terminate this Contract for any reason by giving five (5) days' written notice of intent to terminate to Contractor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice provides otherwise. Should City 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 City may withhold any disputed compensation. City shall not be liable for any claim of lost profits. ARTICLE 14 Maintenance and Inspection of Records In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Contract. During the term of this Contract and for a period of three 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 such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from City, and copies thereof shall be furnished if requested. � ARTICLE 15 Compliance with Laws a. Contractor shall be knowledgeable of and comply with all local, state and federal laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by Contractor or any subcontractor hereunder. b. Contractor represents and warrants that Contractor (1) Has complied and shall at all times during the term of this Contract comply, in all respects, with all immigration laws, regulations, statutes, rules, codes, and orders, including, without limitation, the Immigration Reform and Control Act of 1986 (IRCA); and (2) Has not and will not knowingly employ any individual to perform services under this Contract who is ineligible to work in the United States or under the terms of this Contract; and (3) Has properly maintained, and shall at all times during the term of this Contract properly maintain, all related employment documentation records including, 9 without limitation, the completion and maintenance of the Form I-9 for each of Contractor's employees; and (4) Has responded, and shall at all times during the term of this Contract respond, in a timely fashion to any government inspection requests relating to immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the Deparhnent of Homeland Security, the Department of Labor, or the Social Security Administration. c. Contractor shall require all subcontractors and/or sub-consultants to make these same representations and warranties required by this Article 15 when hired to perform services under this Contract. d. Contractor shall, upon request of City, provide a list of all employees working under this Contract and shall provide, to the reasonable satisfaction of City, verification that all such employees are eligible to work in the United States. All costs associated with such verification shall be borne by Contractor. Once such request has been made, Contractor may not change employees working under this Contract without written notice to City, accompanied by the verification required herein for such employees. Contractor shall require all subcontractors and/or sub-consultants to make the same verification when hired to perform services under this Contract. e. 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 City. f. Contractor agrees to indemnify and hold City, its officials and employees harmless for, of and from any loss, including but not limited to fines, penalties and corrective measures, City may sustain by reason of Contractor's failure to comply with said laws, rules and regulations in connection with the performance of this Contract. ARTICLE 16 Governing Law and Venue This Contract shall be construed in accordance with and governed by the laws of the State of California and Contractor agrees to submit to the jurisdiction of California courts. Venue for any dispute arising under this Contract shall be in Orange County, California. ARTICLE 17 Integration 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. 10 ARTICLE 18 , Notice Except as otherwise provided herein, all notices required under this Contract shall be in writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party at the address listed below. Either party may change the notice address by notifying the other party in writing. Notices shall be deemed received upon receipt of same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission. "CONTRACTOR" "CITY" Zimprich Engineering, Inc City of Orange 246 S. Larkwood St. 300 E. Chapman Avenue Anaheim, CA 92808 Orange, CA 92866-1591 Attn: Brandon Zimprich Attn: David Nobbs Telephone No.: (714) 318-8237 Telephone No.: (714) 532-6468 'E-Mail Address: zimprichl@outlook.com E-Mail Address: dnobbs@cityoforange.org ARTICLE 19 Claim Resolution City and Contractor agree that the claim resolution process applicable to any claim by Contractor in connection with the work provided herein shall be subject to the procedures set forth in California Public Contract Code Section 9204, attached hereto as Exhibit C, and incorporated herein by this reference. ARTICLE 20 Counterparts This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as original signatures. �Remainder ofpage intentioHally leftblank;signatures on nextpageJ 11 IN WITNESS WHEREOF,the parties have entered into this Contract as of the date and year first above written. "CITY" CITY OF ORANGE, a municipal corporation By: Mark A. Murphy Mayor of the City of Orange CONTRACT, BONDS AND INSURANCE APPROVED BY: ATTEST: Mary E. Binning Pamela Coleman, City Clerk Senior Assistant City Attorney "CONTRACTOR" ZIMPRICH ENGINEERING, INC, a California corporation [Note: Signature of ChaiYman of the By: Board,President or Vice PYesident is Printed Name: requiredJ Title: [Note: Signature ofSecretary,Assistant By: Secretary, Chief Financial Officer or Printed Name: Assistant Treasurer is also requiredJ Title: 12 ��o��c� �c.. +� i� REQUEST FOR BIDS �'� . '.�' Bid No. 1�9-27 ��'� BOOSTEYt PUMP INSTALLATION AT HANDY PARK CITY OF ORANGE COMMUNITY SERVICES DEPARTMENT 230 E. Chapman Ave. Orange,CA 92866 (714)744-7274 Date: /qprll 4, 2019 Zimprich Engineering Inc. Company Name: 246 S. Larkwood Street Address: Anaheim, CA 92808 Phone#: (714) 318-8237 E-mail Address: zimprich1 @outlook.com Contact Name: Brandon Zimprich PROJECT NAME:BOOSTER PUMP INSTALLATION AT HANDY PARK Location Address:Handy Pazk,2I43 E.Oakmont Ave. Orange CA 92$67 Contact Name: Dave Nobbs.Pazks Maintenance Supervisor Phone#: 714-532-6468 E-Mail Address: dnobbsna,cityoforange.org PROJECT DESCRIPTION:The City of Orange,CA,a Municipal Corporation,is inviting formal bids from qualified companies to: • Provide all work(labor and materials)necessary to install an irrigation booster pump, provide miscellaneous demolition,masonry,elecirical,planting and'urigation work. Exhibit A Page 1 of 20 GENERAL PROVISIONS: • NOTE:All construction work shall be performed in adherence to the City of Orange Public Works Standard Plans and Specifications(available at the Public Works counter for NON-REFUNDABLE charge of$12.00 ($15.00 if mailed),the current edition of the"Green Book"and the City of Orange Landscape Standards and Specifications. • Contractor shall,at all times,carry valid insurance that meets a11 City of Orange insurance requirements. • Contractor shall pay prevailing wages per the current Department of Industrial Relations wage rate(including all scheduled increases)and fumish Certified Payroll Reports for all workdays. • Contractor to submit 10%Bid Bond with bid package. • Contractor to submit 100%Labor and Materials Bond prior to the City issuing a Notice to Proceed. • All work sliall conforni to tlie specifications contairied in the Request for Bids and any subsequent Agreements. • Contractor shall be required to provide a$1,000.00 deposit for use of a City water meter on a City fire hydrant if required. Contractor shall be chazged$2.00/day for water meter rental and shall be responsible for all water charges associated with project. � SCOPE OF WORK: SITE PREP: 1. Supply all labor 8c equipment necessary for the installation/construction of the new booster pump&irrigation modifications/improvements and other related work at Handy Pazk. 2. Supply temporary barrier fencing during construction for Handy Pazk.Barrier fencing to be six feet tall chain link freestanding type.Fencing to surround entire azea of construction. DEMOLITION: 1. Remove existing pump,electrical equipment,irrigation fitkings and equipment and return to the City. 2. Provide all demolition/removal of concrete pads,soil and debris within the designed footpri.nt of work improvement azea. 3. Remove existing chain link fence and footings. 4. All debris mtist be removed off site at the contractor's expense. 5. Provide tlie remaval(off site)of all concrete,concrete lilocks,metal scrap and footing soil at the contractor's expense. 6. Protect in place exisring controller and enclosure. CONSTRUCTION: 1. Provide the installation of a new Watertronics Irrigation Booster Pump Station specified in Exhibit A,Plans and Specifications including concrete pad. Booster Pump Installation RFB 2 Exhibit A Page 2 of 20 2. Provide the re-connection of all existing irrigation components(backflow,main lines,lateral lines,flow sensors,con�oI wires,etc.)that may/will be disconnected or disturbed during this construction process. 3. Repair of all broken or disconnected irrigation components that occurs in any portion of the completion of this agreement will be repaired by the contractor to the satisfaction of City representative. 4. Provide the installation of one(1)marine grade aluminum enclosure,per detail. 5. Use existing electrical source from existing pump.Add new conduit as needed. 6. Install new Febco backIIow device for domestic water line. 7. Provide re-connection of existing domestic water line to the restroom and snack bar. 8. Excavation backfill shall be native soil,placed in twelve-inch(12")lifts. Compaction for trenched area shall be 95%for parking lot,driveway,and roadway azeas;90%for hardscape(i.e.walkways,picnic pads basketball and tennis courts);and 85%in azeas to be planted. Place topsoil over trenches in planted azeas.Upon completion,all henches and excavation shall be filled flush with adjacent finish gtades. 9. Provide and install chain link fence per Exhibit A,Plans and Specifications. MISCELLANEOUS: 1. The contractor shall provide with this proposal a minimum of three(3)references of commensurate/equal irrigation/masonry work with cities and/or municipalities. References shall represent/include: • Work completed within the last three(3)yeazs. • A description and location of said construction work. • An approximate cost of said constraction work. • A contact person and phone number to verify construcrion work. 2. The contractoz shall provide with this proposal a minimum vf two(2)credit references for suppliers of materials or equipment.References shall include the natne,address and phone number of the supplier. 3. The City reserves the right to reject any contractor who they feel does not meet a qualifying work experience or satisfying references. 4. The City reserves the right to reject at any time any or all bids,or parts thereof, and to waive any variances,technicalifies and informalities which do not impair the qualiiy,or performance of the project. 5. Existing site ameniries(ex.sidewalks,walls,paving,etc.)are to be protected from all construction and painting.Any damage to any existing site amenities will be repaired or replaced at the contractor's expense to the satisfacrion of the City of Orange. 6. The Con�actor is to verify all dimensions and conditions at site prior to bid and construction. 7. The Contractor is responsible for all existing site condirions. Booster Pump Installation RFB 3 Exhibit A Page 3 of 20 SPECIAI,INSTRUCTIONS: • Work to be performed during ttormal business hours,M-F. � Cantractor/crew shall be on project daily until completion. • Contractor shall be responsible for directing pedestrian and vehicular traffic safely around the construction zone. Utilization of temporary fencing,barricades, signage,etc.shall be the responsibility of the Contractor. Safe detours shall be available to the general public at all times during the course of construction. • Disruption of domestic water service to be coordinated with the City representative. Contractor to provide(2)ADA compliant portable reslxooms while domestic water service is disrupted. � All demolition and construction work to be completed within`30 working days' from Notice to Proceed from the City of Orange.A`working day'is considered to be Monday through Friday,excluding weekends,holidays and rain delay days. Failure to complete all work as described within this bid request and the '30 working days'will result in`Liquidated Damages'being applied to the contractor at a rate of$250.00 per day. • A11 questions,requests for clarification,and comments shall be sent to the City by e-mail,and must be clearly titled°�VVritten Questions". All such e-mails shall be sent to Dave Nobbs,Park Maintenance Supervisor, at dnobbs(cr?�citvoforan�e.or�by 2:00 PM on March 28,2019. The City shall not be responsible for its failure to respond to e-mail questions that have not been titled as such,and that have not been sent directly to Mr.Nobbs. • Interaretation of Documents. The City Representative shall be promptly notified,in writing,of any discrepancies,omissions,ambiguities,or requirements that aze likely to cause disputes between trades and similar matters. When appropriate,the City shall issue Addenda. No communication by anyone as to such matters except by Addenda,affects the meaning or requirements of the Contract Documents. • Addenda. The City reserves the right to issue addenda to the Contract Documents at any time up to 24 hours prior to the bid due time. Each potential bidder shall leave their name,address,email and phone number with the City at the job wallc to ensure they receive addenda. The City shall post addenda on the City website and shall email copies of addenda to potential bidders that attended the job walk. • A pre-bid walk-throu�h has been scheduled for Mondav March 25 2019 starhn�at 10:00 a.m.at Handv Park,2143 E.Oakmont Ave Oran�e CA 92867.ATrrT.E . +D�CE�I�H3[GI�L�1`Y�R:�'COI4�M NDED� BID SUBNIISSION:Provide response to the above REQUEST FOR BIDS on attached Sid Sheet and return al[pa�es of the Request for Bids including the scone and snecification sections and addenda(if applicable) Please submit�yHRF,E copies of bid nacke�Bids must be submitted to the City Clerk at 300 E.Chapman Ave., Orange,CA 92856 by 2:00 p.m.on Thursdav,Anri14,2019.Responses may be sent via U.S.Mail or delivered in person to the above address. , Booster Pump Installation RFB 4 Exhibit A Page 4 of 20 �,�pF Olt�, G,��t��G'� �.�::� CITY OF Ol'.ANGE oe�� COMMUNITY SERVICES DEPARTMENT www.cityoforange.or� PHONE: (714)744-7274 . FAX:(714)744-7251 ADDENDUM #1 For Request fo� Bid Bid No. 189-27 Booster Pump Installation at Handv Park April l,2019 This addendum serves as written notice of the faltowing corrections,clarifications,additions and/or detetions to any and all copies of the Request for Bid No.189-27. 1. Regardiag Miscellaneous, • Add:The contractor shall possess a license or combination of licenses that cover the work outlined in the bid documeuts,issued by the California State License Board. 2. Regarding Bid Submission, • Add:The three copies may 6e an original plus two copies. 3. Regarding Coastruction Notes I.-1, • Correct:Steven Kim's phone number is(760)214-5734. • Steven Las stated that there currently is a lead time of appro�imately 5-6 weeks for pump delivery. 4. Regarding Plaas and Speciiications I.-2, • As stated:Concrete Electrical Splice Box.Protect in Place. • As stated: Remove Electrical Panel.Relocate the 480 V.A.C. Electrical Supply To The New Pump Assembly. 5. Regardiog Plans and Specifications L-3, • Change: �Reconnect to Existing 3"Irrigation Mainline" to"Cannect to New PVC Tee in Existing Irrigatiort Mainliae. One Stainless Steel Romac CLl Repair Clamp May Be Used.Install Thrust Block per Detail L-7 behind Tee." 6. Regarding Contract, • A sample contract has been included in the bid documents on the City's website. Respectfully Submitted Dave Nobbs Parks Maintenance Supervisor dnobbsna,citvoforanae.ore 714 532-6468 COMMUNITY SERVICES DEPARTMENT•230 E.CHAPMAN AVENUE •ORANGE,CA 92866 Exhibit A Page 5 of 20 BID SHEET BOOSTER PUMP INSTALLATION AT HANDY PARK Date: April 4, 2019 Bid Submitted by: Zimprich Engineering Inc. Company Name: Zimprich Engineering Inc. Address: 246 S. Larkwood Street Anaheim, CA 92808 Phone#: (714) 318-8237 Fax#: (714)485-2866 E-mail Address: zimprich1 @outloak.com Contact Name: Brandon Zimprich :,> ,, �( Brandon Zimprich, President�, 5i ature of Res onsible ce Em lo ee � �' ` � � P p Y I'rint.Name , ra . ; ,. PROJECT ' , ° ` ,, PROJECT NAME:BOOSTER PUIVIl'INSTALLATION AT HANDY'PARIC', : � � Location Address: r .` ` Handy Park 2143 E.Oalanont Ave. Orange,CA 92867 Contact Name:Dave Nobbs.Parks Supervisor Phone Number:714-532-6468 E-Mail Address:dnobbsC�a,cityoforange.org The stated bid amount below constitutes the tota.l dollar amount to perform the work described in the above scope of services to include all that is required to provide the work product and/or install all materials required to complete the work to a professional workmanship standard,and to install and apply all materials per all inanufacturer's specifications and recommendations. Contractor represents and warrants that it has thoroughly investigated and considered the scope of services and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is experienced in performing the work and will follow professional standazds in performance of the work. All services provided shall confortn to all federai,state and local laws, rules and regulations and to the best professional standards and practices. BID a�ourrr: �80.O�O.cx�7 Booster Pump Installation RFB 5 . Exhibit A Page 6 of 20 ~ Bid Bond Bid Bond Number:CSBA-10304 ' CONTRAC�'012: SURETY: (Name,legalsyattrr aad addierfJ (Name,legal ftatrts arrdpnncpalploer af 6ruinu.rJ Zimprich Engineering,Inc. Indemnity Company of Califoaua 1024 Dew Crest Drive 540 S.Kraemez Blvd,Suite 300 Anahei�CA 92808 Brea,CA 92821 OWNER This documeat has important le�al (Nome,legalnatHi and uddnu) conseguences.Consultation with City of Ozaage �n attomey is encouraged with respect 300 E.Chapman Avenue its completion or modificatioa Oxange,CA 92$G6 Anp singulai ieference m Con�actor,Surety,Owner or other party shall be considered Plucal where a licable. BOND AMOUNT: Tea Percent(10%)of Amount Bid PROJECT:Booster Pump Installation at Handy Pazk Psoject Number,if any. The Contxactor and Su=etp are bound[o the Owner in che amount set forth above,For the paymeut of which the Contcactor and Surety bind themselves,their heius,executors,administratozs,successoss and assigns,joindy and severaIly,as provided herein.The conditions of tivs Bond aze such that if the Owner accepts the bid of the Contractot within the time specified in the bid documeuts,or withia such time period as may be agreed to by the Ocvnes and Contractor,and the Contrector either(1)enters into a contract with the Ownes in accordance with the terms of such bid,and gives such boad oi bonds as may be specified in the bidding or Conttact Documents,with a suretp admitted ia the judsdiction of the Psoject and otheswise acceptable to the Owner,for the faithful perfounance of such Contract and for the piompt payment of labor and material fuaiished in the prosecution thereoE or(2)pays to the Owner the difference,not to exceed the amount of chis Bond,between the amouat specified in said bid and such lazger amount for which the Owner may in good faith contract with anothez parry to perEoun the wark covered by said bid,then this obligation shall be null and void,othenvise to remain iu{ull force aad effect Tfie 5utety hereby waives any nodce of an agceemeat between the Ownes and Contractor to extend the time in arhich tl�e Owner may accept the bid Waiver of notice by the Stuety shall not apply ro any extension exceediag sixtq(60)days in the aggregate beyond the time fox acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Sucety's consent For an eatension beyond sixty(60)days. If this Bond is issued in connection with a subcoatractoi s bid to a Conuactor,the teun Contractor in this Bond shall 6e deemed to be Subcontractor and the tean Owner shall be deemed to be Contracmr. When rhis$ond has been fumished to complp with a statutory or othes legal iequirement in the loeation of the Ptoject,any Provision in ihis Bond conflictingwith said statutory oz legal tequuement shall be deemed ddeted hese from and pzovisions conforming ro such statutory or other]egal requirement shall be deemed incorporared hecein.When so fuuushed,the intent is that this Sond shall be construed as a statutory bond and not as a commoa law bond. Signed and sealed this 21st day of Ma*ch.2019 �,*�Fti h nair,ee'—�°-� af��l _ (Pnacipa!) (Seal� �� hirsr) �t� (Title) ron n Zimp�rcb,P�e�i t • Inde��tv Gom�any of Ca_lifomi� `^ ^ F ` , `g �� ff�,j�wtill\i] (Srmel�'� (Seo� ([Y/rinrr.r)Mehssa Axul Vaccazo (litle)Fsank Mozosses,Attomep-in-Facr . By arrengement wfth the American Institute of Architects, the National Association of Surety Bond Producers(Nl�SBP)(www.nasb�.or�)makes this form document available to its members,affiliates,and � associates in Microsoft Word format for use in the regular course of surety business.NA58P vouches that the original text of this document conforms exactly to the text in AIA Document A31D-2010,Bid Bond. Subsequent modifications may be made to the original t�ct of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion, e�cecution or acceptance. Exhibit A Page 7 of 20 A notary public or other officer completing this certificate verifies only the(dentity of the individual who stgned the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of Californfa Count�of Oran�e . , On_,�h� ;► 4 2��,�before rrse, Dan6elle Il�arie Mal�ette Notary Public personally appeared I.�ir�..,��-, Z� �r-;�.�. . who pr�ved to ra�e on the b�sis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument arod acknowiedged to rne that he/she/they executed the s�me in his/her/their authoriz�d capacity(ies),and th�t by his/her/their signature(s)on the instrument the person(s), or the e�tity upon behaif of whi�h the person(s) acted, execu#ed the instrument. I certify unde�PENALTY OF PERJURY under#he laws Of the State of Cali�ornia that the fore�oing paragraph is true and correct. � DANIELLEMAWEMA� �.-��j NoIa�YPuNk-Oiftomla Si�nature �/,�_1,eLe�!///��,,, .eri � - OruigeCourAy C� �-Zr�' t� '�----� Cammlssiant2215417 My Comm.Expires Sep 17.2021 Danielle Marie Wlallette iVotary PubOic O�T'i0A6AL Titie of Document: '[3 i d 'Z�o��9 Date of Document: ��{-a y..�y 9 , Name of Signer(s):��Qy� zl�,�r r �.1-, . �-- ,. _.._ _ _ . . _ . -- -- - Exhibit A ' Page 8 of 20 9*AT{ Of�ALIlOPNIA . CONTf�►CT��S � ; �� STATE LICENSE �C�ARD `�� '� °�°�""��'�,�"��'� ��TI�E LI�ENSE. ��a�� 3'� 0�4 t�,ry co�P �nassNwne ZIMPRICH E�IGiNEERfNG INC ClamfiCa�a�(s) /"1 F.�yir�ionDate 09/30/2019 www.csib.ca.gov '. Exhibit A Page 9 of 20 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION ZIMPRICH ENGINEERING INC. DIR Registration #1000052722 Fxpiration Date:Q6/30/2019 Public UVorks Contractor (PVIIC) Registration Search Enter at least one search cNteria to display registered pubUc works a�ntractor(s)matching your selections. Note:Search results will disptay all of the pubtic works mntractor regist�ations,both current and expired. Make sure the proper registration flscal year is selected when performing a search. R�gistratlon Flscal Year. 7/1l2018-6/30/2019 °� PWC Registratlon Number. exam !e i234567890 Cont�actor Legal Name: ZIMPRICH ENGINEERING INC Lic�nse Number. eacample 123458 �� Contradorucense Loofap County: Select Cauniy �, This is a Eisting of PWC registrations pursuantto Division 2,Part 7,Chapter 1(commencingwitfi section 1720 of the Califarnia Labor Code.) Exportas:�Excel(�PDF Search Results One regtstered contractor found_ 1 - ... .... .__- Detans Legal Name •R�a��a County r Criy 'V��e Current Stntus,R�gtstratlon�Explratlon Number 'TyPelldumber(5) Date Dete Vlew 'ZIh1PRICH ENGINEERING INC 1000052722 ORANGE ANAHEIF�I C3L8'1031084 Adlva OBf3012018 06/302019 1 1 ► � 1 { �._.,..,..._....__._____.____�,_ _._._�.__._ ._�._ _._._..._.____:_..__......._ - ,� � ,. ,�, . .. • . � .. ,.�.:. -,,... : ., i ; Contracsor Inforenatlon � � � ;.t.e��I�Enihyli€�rmailom'•` ,.;Workers";Coaaperisatfon,; � ; _ � Legal Name tega!Entlty Type ZIMPRICH ENGINEERIMG INC CORPORATION Trade Name i ZIMPRICH ENGINEERING INC � , License Number(s) CSLB-1031084 ' Mailing Address ; 246 S_LARKWOOD ST. , ANAHEIM,CA 92808 ; ' Physlcal Address i 246 S_LARKWOOD ST. � ANAHEIM,CA 92808 � Email Address ZIMPRICH7 C�OUTLOOKCOM Please provlde your current workers'compensation 6nsurance informatipn below: INSURED BY CARRIER Policyholder Name: ZIMPRICH EPdGINEERING,INC Insurance Carrier. STATE COMPENSATION INSURANCE FUNO PoliCy Number. 9 23 63 03-201 8 Inception Date: Expiration Date: Policy Coverage dates: 2018-08-10 2019-08-10 Exhibit A � Page 10 of 20 ��,� �"P��' '".H� �I.��G��N��`�'C�►. I,f�I,C.. Z46 S. LARKWOOD STREET° ANAHEIM HILLS, CA 9z808 �714j 318-8237 PHONE (714) 485-2866 FAx EfTlall:ZIMPRICH 1 @OUTLOOK.COM LICENSE#1031084 Project References City of Menifee November 2018-December 2018 29714 Haun Road Carlos Geronimo Menifee, CA 92586 (951) 723-3722 Direct Rancho Ramona Park Restroom Addition caeronimo@citvofinenifee.us Project No.: C�P 16-02 Contract Amount:$65,260.75 Fxcavation, trenching, installation of Pre-Fabricated Restroom Building, masonry, concrete, piping. Fleming Environmental Inc. December 2018--March 2019 i 372 E. Valencia Drive Ron Ferris Fullerton, CA 9283] �714) 448-0384 Direct Improvements to the Existing Rynerson Park for rferrisQfleminaenvironmental.com The City of Lakewood - Project No.: 2018-05 Contract Amount:$142,380.00 Excavation, concrete pathways and flatwork, masonry, grading. City of Los Angeles July 2012-October 2018 111 S. First Street Sean Sullivan Los Angeles, CA 90015 (213) 978-3781 Direct UST Regulatory Repairs 8� Upgrades sean.su{livan@lacitv.ora Contract Amount:$126,590.00 Excavation, trenching, concrete, penetration repairs to sumps, piping, dispensing equipment. Exhibit A Page 11 of 20 , Z��.� �� PR�I�CHi EN�G�I.�N!��rJ��.��G I�[�i�C .. 24b S. LARlC11VOOD S7RE�• ANAHEIM HILLS,CA 92808 (714) 31&8237 PHorvE �7I4j 485-2866 FPac EiTlall:ZIMPRICH 1 @OUTLOOKCOM L10EN5E#10310B4 Credit References Roberfson's Ready Mix American Rentals P.O. Box 3600 88 W. Victoria Street Corona, CA 92878 Long Beach, CA 90805 (951) 493-6511 (562) 630-5896 (951) 280-1413 Fax (562) 885-1406 Fax Exhibit A Page 12 of 20 EJCHHIDTI'A Plans and Specific�tions for: , Handy P�rk �ooster Purnp Retroft Installa�iora �� Se�ices/Park Maintenan�e 230 Easf �haprnan Avenue Orange, CA 92866 Dave Nobbs Pa�is Maintenance Supervisor City of Orange 714532-6468 Office 714532-6452-Fax dnabbs�ciryoforange.org DESCRIPTION OF WORK: This is a retrofii instaliation project to install irrigation booster pump at Handy Park. The scope oi this wrork � includes but not Ifmited to,fumishing and installing new master valves and booster pump and all necessary and related equipment and supplies. All work shall be completed to Ctiy of Orange Landscape Standards and Spec�ications and Watertronics Peoduct InstaAaiion Specifications. CONSTRUCTION NQTES: 1. Contractor shail schedu(e a pre-canstruction meeting with City Park staff and a representatives from Watertronics at least 21 days prior the start of construction to review the exis4ing condiiions at the park site. Contact Steven Kim at Gen#ile and Associates,(760)214-5737. 2. Prior to the start of construction: -contractor shall provide the City with a complete equipment submittal. No equipme�t substitutions will be ailowed without prior written approval hy the City, -contractor is responsibte to notify the City of discrepancies between the pians and the field conditions. 3. Prior to the completion and acceptance of the work,!he contractor shall provide the Ciry with writien approval from Watertronics that the work was installed per Watertronics specifications and is operetionai. 4. Any existing paric site improvements within the work area modified or damaged during construction shall be repaired ta pre-construction candition and to the satiafaction of the Parks Maintenance Supervisor. 5, All new irrigation control wire installed shall be a minimum of#14AWG. 6. All wiring conduft 1s ta be buried a minimum of 98"below grade. 7. All new valva boxes shall be Rainbird products. LOCATION OF WORK Handy Park: 2143 East Oakmont Avenue SHEET INDEX: L-1 Cover Sheet L-2 Demolition Plan L-3 Layout Plan L-4 Pump�etail L-5 Mounting Slab Detail L-6 Master valve/flow sensor Details L-7 Backflow Details L-8 Fence Details Project Name �� ,�,,,�,,,� Sheet Title Dote 2-6-19 Scale NI..S sra��u �'1OQ � �'�V CR �7'6��E"9" RHA Project No. 5heet No LA��°°°p° `�a"' PU�NP INSI"ALLATION �8134 a�ae.l�o4� ��„�,_,� Lo 1 ��.oea�uva Addendum No. rM(ssq aas-amr Doosber Pump Insisllation RFB 6 Exhibit A Page 13 of 20 REM4VE THE CHAIN UNK ENCLOSURE FFIJCE REMOVE MASTER VALVE0IFLOW 8EN60RS, REMOVE EXISTINp pUfdP. 6AVE ROW SENSOR3 FOR REINSTALLATION. flETURN PUMP TO CfTY CONCREZE ELEC7RICAL BPLiCE BOX. ELECTRICAI ENC(A6LRE. � PFO7ECT IN PLACE� PROTECT IN PLACE A— —�...—x a—a REMOVE ELECTRICAI PANEL , BfICK FDGE OF RELOCAI'eTHE-090VAG.ELECTRICAL MV � —w"��e 610EWALIC 9UPPLV TO THE NEW PUMP ASSEMBLY.� �Y � �P � �� r PROTECTTHEE7USfiNGMA3TERVALVFJ • �3 EXISTIiJ63'BACISfLOW FIOW S�NSOR NRPES ANO CONDiIR. TO BE REINSTALLEQ. WIflES TO BE REROUTEp PER NEW LAYOUT. L J FS 5 � �•—Cllt WA7ER LlNE OOVVPISTR � OF UVl�TER MEZFR. I FF` � p M R)t-12'WATER MEfERS ' S y�,� P f3._,_,BF �_ PROiEGTINPIACE. � 5 [i—'—�==^—_,_...._ � �f� S t REMOVEEXI8TING3'PRE65UiiE---{—«-(P�(J f� M I ] REDUCINGlFLOW CONTROL VALVE � `� _� � f flEiURN VALVE TO CI7Y. � � � ■ ��S�Y �� _�.__.�,_ .� CUT WATER LINE�'ttWTSUPPLiES THEIRRICiAT16NSY5TEA1. RElAOVEPIPING � INBTALL A TEMPORARY CAP. Ci1T WATEfl LINE THAT SUPPLIES ' �+ 7HE flEB7A00M BUlCDING.INSTALL COORDWATE V�fTH The SaWhem CeF�mW Gas Co�any A@MOVE BYPASS VALVE. 7Ep{poFtJ1HY CAP. TO HAVE THE NANfL1L 6AS Mc1ER REMOVED ANp RETIIRN VALVE TD CfTY, BERVICE LINE CAPFEO. 1. REMOVE THE FXISTING CHA1N LINK ENCLOSURE AND ALL IRRIGATIOfd 6. INSTAl.L NEW 3'�UCTILE IRON PIPE FR009 THE WATER METEH MANIFOLO EOUIPMENT LOCATEO WITHIN.THE FOlLOW1NG E011IPMENT NEEDS TO BE TO THE 3"BACIffI.OW ANO THE OROP PiPE ON THE KEW BOOSTER PUMP. 6TORE�BY THE CONTRl,CTORANO REIN5TALLED;Calsanse PI.OW 7. CON37RUCT CONCRETE SLAB AN�INSTALL PUMP ASSEMBLY.REFER TO SENSORS,AlVDApa1h BAGKFLOW.TUANaVER MASTER VALVES AFID PUMP DETAIL FOR OIMEN910NS.ORIENT THH A9SEMHLY A6 SHOWPI ON PLAN. EQUIPMENTTOC(TYSTAFF. B. AUCENSEOELECTRICAL.CONTRACTORSHALLREROUTETHEEXISTING 2. CAORDINATE Vt1TH The Sauthem Cailfom3a Oas CompanyTO}UVE THE 490VAC PUMP EIECTRICAL9UPPLY TO TH£NEW PUMP LOGTIOAI AN� NATURAI GAS METER REMOVED AND SERVICE LINE CAPPED. INSTALL THE HEQUIRED GROUNOiNG PROTECTIDN. 3. REMOVE ALI.THE IRRIGAT�ON PlpiNG ANO EQUIPMENT 4VRiHIN TNE 4. CONSTRUCT A LOW FLOW BVPASS MANIFOLO PER CAL6ENSE�ESlGN FENCEO ENCLQSURE,S7AF?TING JSON?l6TREAM OF TNE WATER MEfERS. OUIOEUNES,USE BRAS9 Ofl CAPPER P1PE TO THE MANIFOL�.INSTALL 1. PRIDR TO BEGINIdING INSTALLATION,STAft@ iHE PROPOSEO IAYOUT OF THE MASTEA VALVESAND FLOW MEiEPS BELOW GRAOE AND WffNiN THE PUMP ENCLOSURE AND BACKFLOW ASSEI�tBLIES FOR RPPROVAL BY qNN81RD PLASTiC VALVE BOXES. CITY PARK STAFF.AiJJUST FINAL LAYOUT TO AVOIO CONFL(CT&VATH THc 10. IPI6TALL A 1"PVC CONOUR BElYYE6N THE VALVE BOXES OF THE MAG7ER SURROUN�INO UTILITIE5. VtlLVE AND FLOW SEN60R. 5. PROVIOE A 1-0r2'SUPPLY LINE FROM THE h1ETER MRIVIFOLD 70 PROVIDE 11. INSTAtL VINYI PRIVACY SIRTES INTHE NEW CHAIN LINK FA9RIC,CALOR DOMESTIC WATER SERVICETO THE RES7ROOM BUfLPWG.IN6TALLA TO BE GREEN. t-112'ISOL4TION VALVE AT THE OUTLET AN�INSTALL A NEW 1-02' 12. PROIECT IN PLqCE RLI.THE EXISTING CONTROUCOMMUNICATION WlRES. BACKFLOW DENCE PER LEGEND AND RETAILS.FlNAL LOCATION TO BE 13. REPAIR ALL SURROUNDWG LANOSCAPE Atip tiARDSCAPEAREASTO A APPROVEDBYCfiYPARKSTAFF.EXTENDACOPPEqLINETOTHE PRECONSTRIICTIDNCONDITIQN. EXISTINf3 6YATER LINE 7HAT SUPPUES THE RESTROOM BVILD1PiG. -AlL EXPtlSED IflRIGATtON WIRING SHALL BE ENCLOSED IN NIEATHERPROOF EIECTAIGI.CAN�LIfT.ALL VNRE SPLICES SHALL BE PROTECTEO IN AJUNCTION 60X OR VALVE 0OX ALL SPLICES SHALL BE SEALE�YWTH 3M SCOTCHLOK ND.3570-G-N CONNECTOR SEAIJNG PAGK.DO NDT OIREGT BURV ANY4NRE SPLICES. -THE MASTER VALVES ANO FLOW SENSORS N9Ll 9E CONNECTEP OIRECTLY TO TkE CAISENSE CONTROLLFR VfAffit4AWG IRftIGAT10N WIRE. -INSTALI A 12'k18'k12'CONCRETE THRUST BLOGK UNOER THE 3'&1CKFLOW. •REMOVE RUST,PRiME AND REPAINT ALL THE EXPOSEO PIpING ANO E(]UIPMENT,INCLUD4NG THE NEW YWRK,MATCH COLOR TO TkE EICISTING UGHT BLUE Project Nome �0�� E �� /"�� „�,,,� Sheet Titte Date 2_�_19 s�aie �.�...� �� '"'�'�G`"°�1A �� RHA Project No. Sheet No �� 189 34 L��m��a� '�'��' DE1�OL(T1�N PLP�N �00SIYI/OY9 PK(35!)787—l910 Y''°r�t°'�� F,ex�ss,�.�-�, Addendum No. � � Hoos6er Pump Instailation RFB 7 Exhibit A Page 14 of 20 MN6TER VALVE ASSEMBIV GONCRETE NEW 1-1/2'011CKFLOW ELECTRICAL ENCLOSLIRE 1NSTALLEDBELOWGRAOE FIECTRICALBO% FOR�OMESTICWATEA PROTECTINPUCE 18' g X X X X X � SLOPE ��' 1 x � x BACKEOGEOF J• •. S z' a �.�rr � �+oEruuc. caaa� ""; �' x —r i� +-+? xto' TEE FITfING COPPER TAANSfTIONOACKTO (•71-12'WATEAIMEiFAS � 3'MAINLINE PIPE SIZE. KEEP s ^, ,�g, CLFJ�R � X X x / IN9TALL NE1N ENCL0.4URE FFNCE� M111�TAANSIT�N FROM 1-12'COPPEA TO YNTH GREEN VINYL SUTEB. �. } 3'DUCTRE IRON WITH OIELECTRIC FLMJOE KIT. UETAI4'D'ON 6HEET 48 RECONNECTTO D(I6TIN6 RECONNECTTOIXISliNO WATER SUPPLY T IRRIGATION MAWIINE LINE t9 RESTAOOM BUILDING. RFJN9TAU.3'BACKFLOW FOR IRRIfUTtON TWO 5'8N7NG OAlE9. OETRIL'E ON 9MEET l-B IINSTALL NEW PUMP ENCL08l1pE I REINBTALLTHE ��T�NEWENCLOSUREFENCE � �7'BACKROW ��TM�'R��ALPRIVACYSLATES FORIRRIGATION � OETAIL'D'ON6HEET4E I I 1-1lY WATEH METER6 SECTION VIEW LEGEND � 2'NORMAl.LY CL0.5ED BRONZE MASTER VA4VE- GRISNOLD MdbEL2030LE 1'NORMALLY OPEN MASTER VAWE GRISN4LD ��p� MOOEL 2180HE(lOW FLOW BYAPSS) F�� 2'FLOW METER•CALSENSE MOOEL FM-2B I ENCLOBURE FENCB J I I F p a QS 7"FLOW MElER-CALSEN3E MO�EL FM-7B � � id.,w Rp 3'REDUCED PRESSUpE ASSEMBLX i INLET PIPE � � APOLLA VALVES MOOEL RPLF4AN OISCNARGE PIpE Y HEIGHTAS � WATERTRONICS 800STER PUMP, DETEF2MINED wMev-soaaz-�.s�saa-iaa90 o�, , , IN FIELD CONTpCT STEVEN NIM{760-2145734) � t-12'BRASS HALL VALVE- OEEPEN �I �� NIBCOMODELT-58.�i6�LF CONCRETE �'�` FXISTING REFE(170 DETAIL'C'ON SHEEf L-7 fOOTING GRADE LOBT BF 1-02'REDUCEDPRESSUREASSEC78LY- FEBCO MOOEL LF825Y REFEF2T06ETNL5'ONSHEETL•7 CROSS SECTION Project Name ��.d��l � ��JIV1� �Y ��!'0�� ,,,�,,,A/z. Sheet Ttle Dote 2_6_�9 Scale �TS � ��-�� H�,f�DY PARK RHA Project No. Sheet No LAND9OAP■ a�„ 18134 �$aa14��*e ,�,�,,m,_,e� LAl'OUT PLAN L_ 3 naru�a,ma Addendum No. n�r rysrJ os-aav Booster Pump Installntion RFB 8 Exhibit A Page 15 of 20 PUMP STA7lON SPECIFICATIONS: NAME:HANDY PARK STATION MODEL:WMSV-5000.2-7.5-4G0-3-1d0-90 STAT{ON TOTAL PERFORMANCE:144 G?M(9�80 PSI „r��,� DYNAMIC INLET PRESSURE:fi�PSI ��D BOOST PRESSURE:30 PSI REGULATED OfSCHARGE PRESSURE:6�PSI * � � �W�if O � PU�NP HORSEPOWER: ` PUAAP N0.1:7.SNP(3800RPM) � - - CHBCK VALVE 51iE5: — ..._- '' �.....� - - . "t;`. � PUMP N0,1 3" '`'' ' i50LA710N VALVE SIZES� �(SCFfARGE ISOLA710N VALVE SIZE:3" -- _ ' q M DETpd�'p^ OlSCHARGE MANIFOLD 31ZE:3" j TYpiCAI{�LOCAT10N5 PO4VER REaUIREMENTS:A&OV,SO HZ,3Pl�L,19FLA(ES'C.) e �_J EXHALIST FAN RE�l11RER1ENTS:240CFM ue STATION COMPONEh7r5: „",o A PUMPAfJDMOTDR � B CHECK VALVE C PRESSURE 7RANSDUCER WITH GAUGS p BYPASS VALVE{BQOSTEft ONLI� E FLQW SENSOR F TEMP SENSOR G STATION FAN H60D MOUNTED O� po� H PUMP INTAKE fSOLATION VALVE i MARINE GRADE ALUMtNLfM ENCLOSURE(UNPAIhiiED) —'---�—�---- r P��N u} J VFD 1MTH PUMP CONTROLLER � � I K STAtNLESS STEEI.BASE(UNPA(MED) L PUMP DiSCHARGE ISOlATION VALVE M STATIDN DISCHARGElSOV1TION VALVE ❑ M O N INTAKE DROP PIPE W13"FLG.CONNECTION N O D(SCHARGE DROP PIPE W13"FIG.CONNECTION �- r-, T_ � ANCNOR P01HT BASE d SlAB DE7All SEE OETAtL ♦ K SEEOETAtLA y, . HIGH VOLTAGE PdWER CONDtNT VFD `�'s T `�0� V O � y � ENCLOSURE � ISOA4ETRIC VIEW BACK OP ENCLtl5URE � X � � � � � � � .=r � m 7 ORAWN BY: P.18 DATE� YRAB12018 TRLE: ❑APPROVEOASSUBMITTED � D � 6 CNECKEO BY. DATE HANDY PARK Z ❑AFPfiOVEO AS NOTED § IRRtOATtON PUMP STATION N � � p THIS QRAWINt3 ANO DESI6N.{6 7HE 2 � � � ❑REVISE AN�RESl18MIT 4 PROPERTY OF WATERTROIVtCS AtJD IS g NOTTOBEREPRODUCEO1NYYfiOLEOR . �� PART.NOA EMPLOYED FOR NfY PURPOSE SIGNATURE. 2 O7NER THAN SPECIRCAILY PERMI7TE6 QJ � NAME: WftITlNG 8Y WATERTRONICS. OATE- � THl6 QRAWiNti LOANEO AND 6UBJEGT SCALE: NTS SHFfT 7 OF t 5NEETS �o NO. OATE BY DESCRIPTION io R�suRN oNn�o .IDB NO.: DRqvtSNG tao. pR5Ti3ssa � •� �m � �� LECTRONICALLY CON�RBLLED Pli6lPINO BYSTSMB CLT Standard Base Mounting Slab Specificatons The recommended sla b size for the LST is 46"by 62"by 6"thick with wire reinforcing mesh 2"up from the bottom of the poucApproximate slab weight with a 5 bag mix of concrete is 410 Ibs.The welght of the booster station is 650 Ibs.,minimum or about 74 Ibs.@square foot bearing wefght.It should be anchored with 9/2"Rawl Wedge anchors,four 9/i6"holes on the statlon skid are provlded for this purpose.With a masonary bit,dr+ll 1/2"hole into slab and through the 9/16"hole locatlon.Inset the 1/2"Rawl Wedge anchors,at4ach washers and tfghten nuts to secure base to slab.The steel inlet and discharge piping provide a further anchor to ground.A diagram of the base holes is provided forreinforcing mesh placement. S/ab Layout i =_-_-__-=_-_��- �;► ,;� ci�n �;� �;� Ijl I�I as^ I'I i'i 51ab � � Y I I I =_—__-_-= II I -_t 4 6.75°.. . 48.5" C!L ~ S ab�—� Sheet No � L-5 Booster Pump Inslalletion RFB 10 Exhibit A Page 17 of 20 10X15 RECTANGUTAR 60XES WITH e'EXTENSIONS AS IN�lCATEO. .— USE dUMBp&IZE BOX FOR 4'MASTER VALVES. FINlSHEO GRAOE. — — 1_ i—�� r'-1�'l . _ =1 i —I �" 1={ = I,i 1=11 i—��i-1 I I I I 1=i I 1=1 I{-! "_ Tf i=1 I�=f =11 I�I-1 " '=1 I I—I I��I!1=1 I 1=f I( 1=1;':-1!1=1 I I_.I I(-i!I_-1 I i_i I f: _!��#31=1!1=11 C={�'" '-1 I I—I!i��4i!I-1!i� _I I I--i I i�l i I-!i�-1 I 1.=i I 1=1 I i-1 �I i I-{i 1=1 i I-1 I 1—i�'. J i i=�—�(I—I'� . ...—'----------'--.-_.- �—�1;=1 I 1=!I 1=I I I=1 I I—I I I—I I I — PIPE SfZE SAME AS FLDW SENSOR MASTER CONTROL FLOW SENSOR AS SPECIFlED,(ALSO REFER TO CALSENSE VALVE AS SPECIFIED. 7"PVC CONOUIT NATH F(�tg}(�NSTALLATION DETAIL FOR SADDLE MOUNTiNG IN 3" tit4 AWG V�1RE5 TO g 4°p�pEj VNRE CONNECTORS SEALED 1MTH 3 THE NETAFIM LINE DECODER SCOTCHL�K NO.3570 ON 3a'LQOPED -�- _ _ iMRE CONNECTORS SEALEO W1TH 3M SCOTCHLOK NO. WIRES. 35T0 ON 18"IAOPEO NARES,AS MFG.RECOMMEND. PIPE 5�2E SAME A5 !"AVC COPIQUIT 1MTH#id A44G W1RE5 TO THE VALVE iNLET SIZE. . NETAFIM SENSQR DECO�R THAT VNLL 8E INSTALLED AT NEAREST REMO7E CONTROI VALVE � � FLO� ,� � �_ t � �%, / / .� MA(N LINE REDUCER AS RE6UIRE0. ��gp�g MAIN UNE FROM BACKFLOW. AT BQTTOM OF EACH BOX: TO VAlVES. if2"VNRECLOTHGOPHERSCREEN,N�FiAP TEN PIPE DIAMETERS FIVE PIPE DIAMETERS UP SIDES,OVER 6X2X16 CONC.@LOCK CAPS, ONE EACH SiDE{TWO PER BOXj. NO VALVES, REOUCERS, OR ELBOWS IN THIS AREA. COMTACT MARK HUMZIN6ER(780}580-1827 OR GO TO CALSENSECOM FOR THE CALSENSE DESIGN g � M,4STER VALVE/FLOW SENSOR ASSEiV18LY�ELOW GRADE GUIDELINES. c� rn � � m x � � � a �, � Q � � r' � � ° D � o '�" z S ' 0 � � REDUCED PRESSURE BACKFLOW PREVENTION DEVICE "Y"STRAIMER 40- MESH S.S. 12"MIN 12"MIN FINISH GRADE BRASS PIPE TYP. fi"MIN ' • , : PVC SCH.80 MALE ADAPTER FOOTING PVC PRESSURE SUPPLY LINE-EXTEND � AS SHOWN ON PLAN COPPER PIPE FROM WATER SOURCE SxT COUPLER ADAPTER 12"MIN.S�.COtdCRETE COPPER PIPE THRUST BLOCK{TYP.) Tx5 COPPER ELL NOTE: 1. EQUIPMENT TO BE INSTALLED AT A MINIMUM OF 12"FRONI WALLS, BUILDINGS,ETG. 2. CONTRACTOR TO PROVIDE BACKFLOW 7EST APPROVAL CERTIFICATE TO ciTr. � BACKFLOW DEVICE °' MS 10'Xt5'RECTANGULAR HOX WITH 8'F�(TENSION. SET 60X FWSH TO GRA�E ISOLATION VALVE �I—T-T-i AS SPECIFIED,SAAfiE ��_i!I�I I I SI2EASMAINLINE. �s i� ��J,—j(j��t' BRASS ��J'- THREADED NIPPLE AS REQl11RED. ADAPTER. COPPER LINE � � ,; 7V1D 6%7X 76 CONCREfE BLOCK CAPS,� ONE ON EACH SipE OF BOX 12'W1RE CLOTH GOPHER SCREEN, NRAP UP SIDES �l ISOLATION BALL VALVE � Sheet No L-7 Hooster Pump Insmllation RFB 12 Exhibit A Page 19 of 20 8--� 8� 5 TYP. � 8 5 z s ti 6' 3 7 �,;,��I �r=li�—IJ=�1�—T-IT_I�IT_�i i� �� =ii��. �--'�6„ I�� I�II1-lI�-jII;.iIII�IIi�IIi I I.I II�� all•�. •� 9 I—Ij� I� LEGEND �I�=I I.— I I �I I� $ �� 10TERMINAL POST FEPICING,STEEL TUBING O STFiEfCNER BAR POSTS SPACEO�8'O.C.MRX.CAPPBD 7U FINISHED GRROE 02 TOP RAIL 3�BOiTOM TEPJSION iMRE OO 9 GAUGE t 3f4°SQ.GALV.MESH. SELVAGE TO BE KNUCKLE�TOP�BOTTOM. 4(�LINE POST INSTALL GREEN VINYL PRIVACY SLATES. 5Q POST CAP 9(�COMPACTED SU6GR,4DE SPECIFICATIORIS FOR POS7 AND RAIL SIZES: �pOST FQOTING,2,500 PSI CO(dCRETE a. Ltne Posts:2.3751nch O.D.,3.851bsJR. b. Camer and Swing Gale Posts:2.875 inch p.D., 5.79 IbsJft. a Top and Braec F2ap: 7.900 inch O.D.,2.721bsJf1. d. Gate Frame: 1.900 inch O.D.,2.72 Ibs.A3. � CHA9i�LINK FENCE �� Nrs --INDUSTRlAL 180 DEGREE HINGE GALV.2-3d8'GATE FRAME —LOCKING PIPE LATCH 5' • 5' c ll � 8 c Li�'�r_I I—i i 1-1j 1.-J— �.—i jj—i!1_L_�j 1-•i►;:�.� —I 1� I-_I i 1=i�1�-1 I I-11�- • ITI-1 I I-1 i I—�IL(=1 1� I— 2�„ I I_ ' I —I I f—I I I—I 1=1 I � =1 I 1=1 I I—I I I---f I 1= ' I I _� r� j—I f=T--�I��.= 1 I-I I�_)i I�f I�=! !� _ '�I�i U•-II��,III—�i�_�II�I I illl—Ill—ikl—Ill- I 11= '� IT --I 8" 1"5'iEEL SLEEVE IN CONCRETE FOOTING(ONE AT OPEN 8 CLOSE) 3/4"X 3'GA�V.STEEL ROD WITN 4"80 DEGREE HAN�LE GALV.TERMINAL POST CONC.FOOTING PER FOOl1NG DETAIL NOTE: SET TOP OF FOOTING FLUSH W1GftADE -ALL RAtL5�POSTS SHALL BE SCH 40 -ALL FENCING SHALI.8E H4T DIPPED GALVINIZEO -TENSION IMRE SIiALL BE ATtACHEO TO FABRIC�16'O.C.WIHOG RIPIGS -1NSTALL GREEN VINYL PRIVACY SLA'TES �� DC7l1BLE SiNING CHAIRJLIfVK PEDEST�iIAN GATE � nrrs Sheet No L-� Booster Pump Inslallation RF'B I3 Exhibit A Page 20 of 20 EXHIBIT B SECTIONS 1725.5, 1771, 1771.1, 1771.4,1775, 1776, 1777.5, 1813 and 1815 OF THE CALIFORNIA LABOR CODE Section 1725.5. Resistration of contractors; mandatary re�istration; qualifications and applicatiom; 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 Department of Industrial Relations in the manner prescribed by the department 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 payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph,the period of disqualification shall be waived if both of the following are true: Exhibit B Page 1 of 10 (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 after April 1, 2015. Section 1771. Payment of general prevailing rate Except for public works projects of one thousand dollars ($1,000) or less, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in this chapter, shall be paid to all workers employed on public works. This section is applicable only to work performed under contract, and is not applicable to work carried out by a public agency with its own forces. This section is applicable to contracts let for maintenance work. Section 1771.1. Registration as a contractor or subcontractor renuired prior to bid submission; exceptions; substitutions; Internet listin�of registered contractors Exhibit B Page 2 of 10 (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 department 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 l, 2015, and any contract for public work entered into on or after April 1, 2015. Section 1771.4. Additional requirernents when bidding and awarcling public works contracts (a) All of the following are applicable to all public works projects that are otherwise subject to the requirements of this chapter: (1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Deparhnent of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation. (3) Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Exhibit B Page 3 of 10 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 department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements. (b) The Labor Commissioner may exempt a public works project from compliance with all or 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. 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 fifty 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 craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2)(A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. Exhibit B Page 4 of 10 (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, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. Exhibit B Page 5 of 10 (4) Prior to making final 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. Section 1776. Pavroll records; retention; insuection; noncomuliance 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 furnished 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 thereof. 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 pariy 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. (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 Exhibit B Page 6 of 10 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 violation of this chapter. (fl 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 subject 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. Section 1777.5. Employment of re�istered 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. (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 Exhibit B Page 7 of 10 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. (� 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 apprentice work for every five hours of journeyman work. (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor,to the greatest extent possible,to employ apprentices during the same time period that the joumeymen 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 Exhibit B Page8of10 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 journeymen 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 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 Exhibit B Page9of10 grants to approved apprenticeship programs for the purpose of training apprentices. 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 thirly thousand dollars ($30,000). (p)All decisions of an apprenticeship program under this section are subject to Section 3081. Section 1813. Forfeiture for violations; contract stinulation; 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. 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. Exhibit B Page 10 of 10 EXHIBIT C CALIFORNIA PUBLIC CONTRACT CODE SECTION 9204 § 9204. Legislative findings and declarations regarding timely and complete payrnent 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 rehzrn 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 Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that deparhnent. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. Exhibit C Page 1 of 4 (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v)The Military Deparhnent as to any project under the jurisdiction of that deparhnent. (vi)The Department of General Services as to all other projects. (vii)The High-Speed Rail Authority. (4) "Public works project"means the erection, construction, alteration, repair, or improvement of any public structure,building,road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the .claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its goveming 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 time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to Exhibit C Page 2 of 4 mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If inediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (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. Exhibit C 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. Exhibit C Page 4 of 4