Agenda packet, regular meeting — Buena Park City Council, April 8, 2025 (part 2 of 3)

1. The City of Buena Park(“Public Agency”), its elected official s, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additio nal Insured against whom claim is made or suit is brought, except with respect to the limits of the Company ’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insu red under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsem ent is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not les s than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

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regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the la ws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

13. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
(if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

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I, (print name) , hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

SPECIAL

PROVISIONS

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CITY OF BUENA PARK
Special Provisions

The Standard Specifications for the City of Buena Park shall be the STANDARD SPECIFICATIONS FO R PUBLIC WORKS CONSTRUCTION, LATEST EDITION (also hereinafter referred to as the Green Book), written and promulgated by the Southern California Chapter, American Public Works Association, and Southern California Districts Associated General Contractors of California Joint Cooperative Committee, including all published amendments thereto except for those provisions that are expressly not in corporated by a provision in the Contract Documents.

Where specified in these specifications, the most recent edition of the Standard Specifications and Standard Plans of the State of California Department of Transportation (Caltrans Standards) shall apply.

Any conflict arising between these modifications and the Standard Specifications for Public Works Construction or the Caltrans Standards shall be resolved by the Engineer, whose decision shall be final.

The Sections that follow supplement, but do not replace, the Standard Specifications, except as otherwise indicated herein. Refer to Section 3-7.2 Precedence of the Contract Documents in the event of any reference conflicts.

PART 1:

SPECIAL PROVISIONS

The following amendments, additions and deletions shall be incorporated into the Green Book:

Unless otherwise noted, the provisions below shall supplement those provisions in Part 1 of the Standard Specifications.

SECTION 1. GENERAL
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Buena Park
Board – The City Council of the City of Buena Park.

Clerk or City Clerk - The City Clerk of the City of Buena Park.

Contract Documents – As defined in Standard Specifications Section 1-2, but also including the Special Provisions.

County – County of Orange, California.

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Days - Working days, unless otherwise specified.

Engineer – The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.

Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Laboratory – A laboratory authorized by the City to test mate rials and Work involved in the Contract.

Project – See Work.

Standard Plans - the Standard Plans of the Department of Public Work/Engineering, City of Buena Park unless otherwise specified in these Contract Documents Standard S pecifications – Standard Specifications for Public Works Construction, 2021 Edition or Latest Edition and all supplemental documents issued thereafter.

Caltrans Specifications – Latest Edition.

Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, Bonds or similar items required to be submitted to the City under the terms of the Contract.
1-3.3 Institutions
Abbreviation Word or Words
AAN ................................ ................................ ................... American Association of Nurserymen ACI ................................ ................................ ................................ ... American Concrete Institute AGCA ................................ ................................ ....... Associated General Contractors of America APWA ................................ ................................ ................... American Public Works Association ASME ................................ ................................ ........ American Society of Mechanical Engineers CRSI ................................ ................................ ..................... Concrete Reinforcing Steel Institute CSI ................................ ................................ ........................ Construction Specifications Institute IEEE ................................ ................................ ........ Institute of Electric and Electronic Engineers NEC ................................ ................................ ................................ ........... National Electric Code NEMA ................................ ................................ .... National Electrical Manufacturers Association NFPA ................................ ................................ .................... National Fire Protection Association Caltrans ............... Department of Transportation Standard Plans & Specifications, Latest Edition

1-7 AWARD AND EXECUTION OF THE CONTRACT

1-7.2 Contract bonds: The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Material and Labor Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its

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subcontractors pursuant to Labor Code Sec tion 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.

Add Subsection 1-7.3 to the Standard Specifications:

1-7.3 Consideration of Bid : Bids will be opened publicly by the City Clerk or a designated representative on the date and at the time set forth in the “Notice Inviting Sealed Bids or Proposals.” The right is reserved by the Agency, by action of the Board to reject any or all bids, to advertise for new proposals, to negotiate in the open market for a contract at a reasonable price, to purchase in the open market, or to have the work performed by Agency employees, or to abandon the work, if, in the judgment of the Board, the best interests of the Agency will be promoted thereby.

Add Subsection 1-7.4 to the Standard Specifications:

1-7.4 Award of Contract : The award of the contract, if it be awarded , will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, i f made, will be made within sixty (60) calendar days after the opening of the proposal unless otherwise specified in the “Notice to Bidders”.

The Agency reserves the right to extend the award of contract period an additional thirty (30) calendar days.

All bids will be compared on the basis of the Agency’s estimate of the quantities of work to be done.

Add Subsection 1-7.5 to the Standard Specifications:

1-7.5 Return of Proposal Guarantees: All proposal guarantees will be held by the Agency until the contract has been signed, after which they will be returned to the respective Bidders whose proposals they accompany. If bids are rejected, the proposal guarantees will be returned after the date of rejection.

Add Subsection 1-7.6 to the Standard Specifications:

1-7.6 Execution of Contract : The contract shall be signed by the successful Bidder and returned together with the contract bonds, within ten (10) calendar days after the Notice of Award of Contract has been mailed, unless otherwise specified by the Agency.

Add Section 1-8 to the Standard Specifications:

1-8 REQUIREMENTS AND CONDITIONS

1-8.1 Availability of Plans and Specifications: Plans and specifications may be examined at and obtained from the office of the Engineer. Copies of the Notice to Bidders and proposal

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forms are included with the plans and specifications.

1-8.2 Approximate Estimate: The quantities given in the Notice to Bidders, proposal and contract forms are approximate only, being given as a basis for the comparison of bids, and the Agency does not, expressly or by implication, agree that the actual amount of work will correspond therewith. For work bid on a lump sum price basis, any estimate of quantities is provided for the convenience of the Bidders and for comparison of bids and is not guaranteed to be correct by the Agency.

1-8.3 Examination of Plans, Specifications and Site of the Work : The Bidder shall examine carefully the site of the work contemplated and the proposal, plans, specifications and contract forms therefore. It will be assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications, the plans and contract.

1-8.4 Proposal Form: All proposals must be submitted on forms for that purpose furnished by the Agency. Letters of transmittal cannot be considered as part of the bid. All proposals shall give the prices proposed, both in writing and figures, and shall be signed by the Bidder, who must give Bidder’s address. The Bidder shall fill out all blanks in the proposal form as therein required.

In case of error, unit prices will govern over extensions and written words will govern over numerals, unless it can be established that an obviously incorrect entry has been made.

1-8.5 Rejection of Proposals Containing Alterations or Irregularities: Proposals may be rejected if they show any alterations of form, additions not called for, conditional bids, incomplete bids, or irregularities of any kind. When proposals are signed by an agent, other than an officer or manager of a corporation or a member of a partnership, a power of attorney or written authorization must be on file with the Agency prior to opening bids or shall be submitted with the proposal; otherwise, the proposal will be rejected as irregular and unauthorized.

1-8.6 Proposal Guaranty: All bids shall be presented in a sealed envelope and shall be accompanied by a “Proposal Guaranty” made payable to the Agency and for the amount equal to at least ten percent (10%) of the bid unless otherwise specified on the “Notice Inviting Sealed Bids or Proposals.” Said guaranty shall be cash, an unconditional certified or cashier’s check, or a bank or postal money order, or bid bond executed as surety by a corporation authorized to issue surety bonds in the State of California.

1-8.7 Withdrawal of Proposals: Any bid may be withdrawn at any time prior to, but not after, the hour fixed in the public notice for the opening of bids, provided that a request in writing executed by the Bidder or his duly authorized representative, for the withdrawal of such bid is filed with the City Clerk. The withdrawal of a bid shall not prejudice the right of a Bidder to file a new bid.

1-8.8 Disqualification of Bidders : More than one proposal from an individual, a firm or partnership, a corporation or association under the same or different names will not be considered. Reasonable ground for believing that any bidder is interested in more than one proposal for the work contemplated will cause the rejection of all proposals in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, none of the participants in such collusion will be considered in this or future proposals. Proposals in which the prices are unbalanced may be rejected.

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1-8.9 Competency of Bidders : Prior to the submission of bids, the Contractor shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code of the State of California and evidence of such li cense shall be presented to the Engineer on request.

1-8.10 Experience of Bidders : After the bid opening, the Engineer may require the three lowest bidders to present satisfactory evidence of sufficient experience and that the successful bidder is fully prepared with the necessary capital, materials, machinery and skilled workmen to carry out the contract.

1-8.11 Material Guaranty: Bidders may be required to furnish a complete statement of origin, composition and manufacture of any or all materials to be used in the construction of the work, together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work.

1-8.12 Progress Schedule: Pursuant to Section 6 -1.1, the successful Bidder shall submit a progress schedule indicating the time he proposes to utilize in performing the various major divisions of work, and his intended sequence of operations.

SECTION 2. SCOPE AND CONTROL OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 2 of the Standard Specifications.
2-1 WORK TO BE DONE
The general items of work consists of furnishing all materials, equipment, tools, labor, and incidentals needed to complete the project and doing all work necessary as indicated per the on- call services.

It should be brought to the Contractor’s attention that the quantities shown on the bid sheet are estimates. Payment shall be made per the actual quantities used and in accordance with these Contract Documents and Special Provisions and the Standard Specifications. This Work requires a Class A license.

2-2 PERMITS
Prior to the start of any work, the Contractor shall obtain a no -fee CITY permit from the City of Buena Park and make arrangements for CITY inspections. If applicable, the Contractor shall also obtain a permit from Caltrans prior to work. The Contractor and all subcontractors shall each obtain a CITY business license, and shall be licensed in accordance with the State Business and Professions Code. If applicable, the Contractor shall also obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity like Caltrans. The Contractor shall pay all costs incurred by the other permit requirements.

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The Contractor shall possess all valid licenses, certificates and permits as required by the State of California, Orange County and City of Buena Park, in order to properly perform those tasks, functions and duties required in this contract. The selected Contractor shall submit copies of City, County, and State licenses, including business licenses and Contractors licenses. 2-4 COOPERATION AND COLLATERAL WORK
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts. Compensation for compliance shall be included in the vario us items of the Work, and no additional compensation shall be allowed therefore.

The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof.

Add Subsection 2-4.1 to the Standard Specifications:

2-4.1 Entry by Utility Owners and Property Owners
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may b e necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility owners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.

Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.

Add Subsection 2-4.2 of the Standard Specifications:

2-4.2 Notice to Remedy

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety , protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor's operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor's operations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer , may seem reasonable and necessary.

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The cost and expense of said labor and materials, together with the cost and expense of such repairs as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progre ss payments and the final payment due to the Contractor. However, if the City does not take such remedial measures, the Contractor is not relieved of the full responsibility for public safety. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services
Water - The City will supply the Contractor with all water used during the construction without charge. The Contractor shall, at their own expense, provide facilities for conveying the water from the City's nearest existing fire hydrant, or approved water source, to the point of use. The contractor must apply for a construction water meter ($250 for application) and provide an $800 refundable deposit; NO DIRECT HOOK-UP TO HYDRANTS WILL BE ALLOWED. 2-8 EXTRA WORK
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer. For Time and Material (T&M), contractor shall have the inspector’s approval by signing the extra hours and/or materials on a daily bases. THE CITY WILL NOT PAY ANY

INVOICE WITHOUT A SIGNATURE OF THE INSPECTOR FOR THE EXTRA HOURS AND/OR MATERIALS ON THE DAILY BASES REPORT.

Add Subsection 2-8.1 to the Standard Specifications:
2-8.1 Markup, Work by Contractor: The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit:

1. Labor....................................................... 20%

2. Materials................................................... 15%

3. Equipment Rental..................................... 15%

4. Other Items and Expenditures................. 15%
To the sum of the costs and markups provided for this subsection, 1 percent shall be added as compensation for bonding. To the sum of the costs and markups provided for this To the sum of the costs and markups provided for this subsection, 1 percent sha ll be added as compensation for bonding.

Add Subsection 2-8.2 to the Standard Specifications:

2-8.2 Work by Subcont ractor: When all or any part of the extra work is performed by a Subcontractor, the markup established in 2-8.1 shall be applied to the Subcontractor’s actual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor.

Add Subsection 2-8.3 to the Standard Specifications:

2-8.3 Daily Reports by Contractor: The Contractor’s cost records pertaining to work paid for

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on a time and materials basis shall be open to inspection or audit by representatives of the Agency, during the life of the contract and for a period of not less than three (3) years after the date of acceptance thereof, and the Contractor shall retain such records for that period. Where payment for materials or labor is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the Agency on the same terms and conditions as the cost records of the Contractor. If an audit is to be commenced more than 60 days after the acceptance date of the Contract, the Contractor will be given a reasonable notice of the time when such audit is to begin.

Add Section 2-11 to the Standard Specifications:

2-11 NOTIFICATION
The Contractor shall notify the Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or accurate:

CITY OF BUENA PARK POLICE DEPT (714)

562-3940
Attention: Traffic Division
ORANGE COUNTY FIRE AUTHORITY (714) 527-3955
PARK DISPOSAL (714) 522-3577
AMERICAN MEDICAL RESPONSE (714) 808-2288
BUENA PARKSCHOOL DISTRICT (714) 522-8412

ORANGECOUNTY TRANSPORTATION AUTHORITY

(714) 530-6060
(BUS OPERATIONS)

SECTION 3. CONTROL OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 3 of the Standard Specifications.
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.

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If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Docum ents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the requi red insurance, an assignment otherwise consented to in writing by the City shall not be effective.

Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.
3-2 SELF PERFORMANCE
The Contractor shall perform, with its own organization, c ontract work to amount to at least 50 percent of the contract p rice, except that designated “Specialty Items” may be performed by the subcontractor and the amount of any such “Specialty Items” performed may be ded ucted from the contract p rice before computing the amount required to be performed by the Contractor with its own organization.
3-5 INSPECTION
The Contractor shall give the Engineer notice of the time when the Contractor or any subcontractor will start the various units or operations of the work. Notice shall be given at least forty-eight (48) hours minimum in advance of starting or resumption time exclusive of Saturdays, Sundays or holidays, for the purpose of permitting the Engineer to make the necessar y assignment of a representative or inspector on the work. Any work performed by the Contractor or subcontractor(s) in conflict with said notice shall be removed if so ordered by the Engineer or the representative or inspector on the work.

The Contractor shall give 48 -hours minimum advance notice to the Engineer for specific inspections or testing activities. The inspection of the work shall not relieve the Contractor of any of the obligations to fulfill the contract as prescribed. Defective work shall b e made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work or unsuitable materials may have been previously overlooked by the Engineer and accepted or estimated for payment.

Any project undertaken by the Agency in cooperation with, or under the control or supervision of, another public or quasi-public entity shall be subject, at all times, to inspection by the participating entity. The Contractor shall be responsible for coordinating inspections with all agencies having jurisdiction.

3-7 CONTRACT DOCUMENTS
3-7.1 General: In addition to the requirements under Section 3-7.1 in the Standard Specifications, the Contractor shall maintain an approved set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions.

This approved set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction.

Upon completion of all Work, the Contractor shall return the control s et to the Engineer. Final payment will not be made until this requirement is met.

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Where a work feature is shown on the drawings or i dentified in the Specifications but is not specifically indicated as an item in the Bidsheets, and there is no ambiguity re garding the requirement to construct, install, or cons truct and install that work feature, the Contractor is required to complete the work feature . All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid. 3-7.2 Precedence of the Contract Documents:

If there is a conflict with any one specific Contract Document, the more stringent requirement as determined by the Engineer shall control.

3-9 SUBSURFACE DATA
If the City, or its consultants, have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of th e records shall be made in the o ffice of the City Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the exi stence of such investigations.

The records of any such investigations are made available solely f or the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.

The Contractor represents that it has studied the Plans , Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.

No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnic al exploration or any other report or data furnished or not furnished by the City.
3-10 SURVEYING
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related work.

Construction surveying and staking shall be provided by the City.

Re-staking and replacement of construction survey markers damaged as a result of the work, vandalism, or accident shall be at the Contractor’s expense.

Contractor shall re-establish centerline monuments damaged or destroyed during work and file

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post construction corner records with the Orange County Surveyor’s office to verify existing monuments are preserved and/or perpetuated. Copies of post construction corner records shall be submitted to the City.

3-11 CONTRACT CONSTRUCTION INFORMATION SIGNS

Two (2) Construction Information Signs (See attached sign layout detail – City Std 439A) shall be furnished, erected and maintained by the Contractor at the job site, at least ten (10) days prior to beginning construction. The location of the two (2) Constructions Information Signs shall be approved by the Engineer.

3-12 WORKSITE MAINTENANCE
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. The construction area shall be cleaned by the use of a wet mobile sweeper, a minimum of once a day, or as directed by the Engineer. If the job site is not cleaned to the satisfaction of the Engineer, the cl eaning will be done or contracted by the City and shall be back -charged with mark-up to the Contractor and deducted from the Contract Price. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.

The Contractor shall make its own arrangements for any necessary storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may only be used for tem porary storage with the explicit written permission of the Engineer; however, the Contractor shall be responsible for obtaining any necessary permits from the City and any agency having jurisdiction . In any case, the Contractor’s equipment and personal ve hicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.

The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations a nd by methods and means that will prevent damage, deterioration, and loss including theft. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.

Storage shall be a rranged to provide access for inspection. The Contractor shall periodically inspect to assure products are undamaged and are maintained under required conditions.

All costs associated with the clean-up and storage required to complete the Project shall be the sole responsibility of the Contractor.
3-12.2 Air Pollution Control : Air pollution control shall consist of applying water or dust palliative, (reducer) or both, for the alleviation or prevention of dust nuisance. Dust resulting from the Contractor's performance of the work, either inside or outside the right -of-way, shall be controlled by the Contractor.

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It is understood that the provisions in this section will not prevent the Contractor from applying water or dust palliative for their convenience if they so desire. 3-12.3 Noise Control: A noise level limit of 86dbA at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The noise level from the Contractor's operations between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, or at any time on Saturday, Sunday or a City holiday shall be in accordance with the County ordinance covering "Noise Control."
This requirement in no way relieves the Contractor from responsibility for complying with other local ordinances regulating noise level. The Contractor shall comply with all local sound control and noise control rules, regulations and ordinances, which apply to any work performed pursuant to this contract.

The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor.
3-12.4 STORAGE OF EQUIPMENT AND MATERIALS

3-12.4.2 Storage in Public Streets: Construction materials and equipment shall not be stored in streets, roads, City property, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.

3-12.6 WATER POLLUTION CONTROL

3-12.6.1 Water Pollution Control: It is anticipated that storm, surface, and subsurface waters will be encountered at various times and locations during the work. Such waters may interfere with Contractor's operations and may cause dama ge to his /her operations, and private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properl y controlled by the Contractor. The Contractor, by submitting a bid, assumes all of said risk, and the Contractor acknowledges that its bid was prepared accordingly.

The Contractor shall conduct their operations in such a manner that storm or other waters may proceed in a legal and safe manner, with minimal public impact . Drainage of water through existing catch basins shall be maintained and protected from inclusion of sediment at all times.

Diversion of water for short reaches to protect construction in progress may be authorized when, in the opinion of the Engineer, existing drainage facilities or adjacent properties are not subject to the probability of damage.

In the course of water control, the Contractor shall conduct construction operations to protect waters from pollution with fuels, oils, bituminous or other harmful materials and shall be responsible for removing said materials in the event that protection measures are not effective. 3-12.6.2 Best Management Practices (BMPs) : The Contractor shall conform to the requirements of the National Pollutant Discharge Elimination System (NPDES) Permit for Construction Activities, NPDES General Permit No.CAS000002 (Order No. 2009 -0009-DWQ), the Waste Discharge Requirements for the County of Orange and the Regional Water Quality Control Board for the Santa Ana Region (Order No. R8-2009-0030 and NPDES No. CAS618030)

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and City of Buena Park requirements for the Control of Urban Pollutants to Storm Water Runoff.

The Contactor shall confirm that all of the Best Management Practices (BMP's) have been adequately detailed and addresses his or her anticipated construction operations and meets the intent of the NPDES requirements.

The Contractor shall utilize Best Management Practices (BMP's) during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollut ion Control measures anticipated for this project include, but are not limited to, covering all storm drains inlets in the project vicinity with water permeable fabric and gravel bags prior to performing any AC grinding, removal or paving operations; prope rly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring ag ents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the City of Buena Park. Stockpiling construction debris and materials within the work area will not be allowed without the prior approval of the Engineer. The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.

1. Regional Water Quality Control Board (Order No. R8-2009-0030 and NPDES No.

CAS618030)

2. Caltrans

3. County of Orange (Construction Runoff Guidance Manual – September 2008)

4. City of Buena Park & NPDES General Permit Requirements (No. CAS000002 and Order No. 2009-0009-DWQ) including BMP's

3-13 COMPLETION, ACCEPTANCE AND WARRANTY
3-13.2 Acceptance: The Project will not be accepted and a Notice of Completion will not be filed until all required Work is completed, the Work site is cleaned up, all Contract provisions have been completed and accepted by the Engineer, and all of the following items have been received by the Engineer:

1. A form of Notice of Completion, with all information required by the California Civil Code;

2. All written guarantees, certificates, and warranties;

3. All “as-builts”;

4. The warranty or maintenance Bond or proof from the Surety of the extension of the performance Bond, as more specifically detailed in Section 1 -7.2 of these General Provisions; and

5. Electronic and hard copies of all operating instructions and manufacturer ’s operating catalogs and data, together with such fi eld instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the mechanical, electrical, plumbing, irrigation, air conditioning, heating, ventilating and

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other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.

The Contractor shall allow at least seven (7) Working Days’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.

Add subsection 3-13.3.1 to the Standard Specifications:

3-13.3.1 Warranty: For the purpose of calculating the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion.

The Contractor hereby guarantees that the entire work constructed under the contract will meet fully all requirements th ereof as to quality of workmanship and of materials furnished. The Contractor hereby agrees to make, at his /her own expense, any repairs or replacements made necessary by defects in materials or workmanship supplied to him/her that become evident within one year after the date of filed Notice of Completion , and to restore to full compliance with the requirements of these specifications including the test requirements set forth herein for any part of the work constructed hereunder which during said one year period is found to be deficient with respect to any provisions of th e specifications. The Contractor also agrees to hold the City harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements within seven (7) calendar days upon receipt of written orders for same from the Engineer. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost thereof.

The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.

SECTION 4. CONTROL OF MATERIALS
Unless otherwise noted, the provisions below shall supplement those provisions in Section 4 of the Standard Specifications.
4-1 GENERAL
The Contractor shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.
4-3 INSPECTION

4-3.3 Inspection of Materials Not Locally Produced : When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles (80 km) outsi de the geographical limits of the Agency, an inspector or accredited testing laboratory, assigned by the Engineer, shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. Contractor shall inform the Engineer befo re

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producing any material or equipment. The inspector or representative of the testing laboratory shall approve the materials by the requirements of the Plans and Specifications. No materials or equipment shall be shipped nor shall any processing, fabric ation or treatment of such materials be done without proper inspection by the agent. Approval of said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements.

4-4 TESTING
Except as elsewhere specified, the City shall bear the cost of testing materials and workmanship that meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The cost of all other tests, including the retesting of material or workmanship that fails to pass the first test, shall be borne by the Contractor. 4-6 TRADE NAMES
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor. The Contractor shall furnish, at its own expense, all information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer’s approval.

SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES
Unless otherwise noted, the provisions below shall supplement those provisions in Section 5 of the Standard Specifications.

5-3 LABOR
5-3.1 General: The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et. seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.

5-3.2 Prevailing wages

Add Subsection 5-3.2.1 to the Standard Specifications:

5-3.2.1 Copies of Wage Rates: Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall (Department of Public Works) and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.

Add Subsection 5-3.2.2 to the Standard Specifications:

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5-3.2.2 Job Site Notices: The Contractor is required to post job site notices, as prescribed by regulation.

Add Subsection 5-3.2.3 to the Standard Specifications:

5-3.2.3 Failure to Pay Prevailing Rates: The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as dete rmined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.

Add Subsection 5-3.2.4 to the Standard Specifications:

5-3.2.4 Apprentices: The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. The Contractor shall ensure that all apprentices performing work on the project work under the direct supervision of a journey worker from the trade in which the apprentice is indentured. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.

Add Subsection 5-3.2.5 to the Standard Specifications:

5-3.2.5 Debarment or Suspension : The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.

Add Subsection 5-3.2.6 to the Standard Specifications:

5-3.2.6 Registration with the DIR: In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall 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, unl ess currently registered and qualified to perform public w ork pursuant to Section 1725.5.

Add Subsection 5-3.2.7 to the Standard Specifications:

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5-3.2.7 Compliance Monitoring and Posting Job Sites: This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.

Add Subsection 5-3.2.8 to the Standard Specifications:

5-3.2.8 Subcontractors: For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5-3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without li mitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.

Add Subsection 5-3.2.9 to the Standard Specifications:

5-3.2.9 Taxes: The Agency is liable for the State Sales Tax and where the County of purchase has adopted the Uniform Sales Tax Law and a City and/or County tax is collected by the State, the Agency is liable for this tax also. Include this tax in the amount bid.

The Agency is exempt from the Federal Excise Tax and exemption certificates will be furnished.

In certain instances, the Contractor and sub contractor(s) may be liable for Federal Excise Tax.

The Contractor must determine whether Federal Excise Tax is chargeable to the bidder and, if so, the amount of the tax should be included in the amount bid.

Add Subsection 5-3.2.10 to the Standard Specifications:

5-3.2.10 Prevailing Wage Indemnity: To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5-3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, incl uding without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.2.9 shall survive expiration or termination of the Contract.

Add Subsection 5-3.2.11 to the Standard Specifications:

5-3.2.11 Responsibility for Damage : The City, the Board and the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any materials or equipment used in performing the work; or for injury or damage to person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the work or at any time before final acceptance.

The Contractor shall be held responsible for any and all loss, accidents, injury or damage to

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persons or property which may be the result of this contract and for which the City might be held liable. The Contractor shall protect and indemnify the Agency and save it harmless in every way from all claims, suits, or acts of law for damage or injury to persons or property that may arise or be occasioned in any way because of this contract. The City may retain so much of the money due the Contractor as shall b e considered necessary, until disposition has been made of such suits or claims for damages as aforesaid.

Add Subsection 5-3.2.12 to the Standard Specifications:

5-3.2.12 Contractor's Responsibility for Work : Until the formal acceptance of the work, the Contractor shall have the charge and care thereof, except as provided in § 7-2.9, and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any cause before final acceptance and shall bear the expense thereof, except such injuries or damages as occasioned by Acts of War.

Add Subsection 5-3.2.13 to the Standard Specifications:

5-3.2.13 Correction of Errors, Recovery for Errors, Dishonesty or Collusion : The City reserves the right to correct any error that may have been made in any estimate that has b een paid. The City also reserves the right to claim and recover, by process of law, any sums sufficient to correct any error or make good any deficiency in the work resulting from such error or from dishonesty or collusion between any of the parties or individuals having dealings pursuant to the construction of the work, regardless of when such error, dishonesty or collusion shall be discovered.

Add Subsection 5-3.2.14 to the Standard Specifications:

5-3.2.14 Rights in Materials and Salvage: Ownership of material incorporated in the work is vested in the name of the City. Any material deliver ed and paid for in part by the City or any material furnished by the City to be incorporated in the work, is or becomes the property of the City upon acceptance. Any salvageable materials or installations existing at the site of the work (such as manhole rings and covers, catch basin gratings, angle iron, pipe railings, valve boxes and lamp pole boxes, and other steel, cast iron or metallic materials) , as determin ed by the Engineer, that are the property of the City, if they are to be removed, shall be delivered F.O.B. to the storage yard designated by the City. The salvageable materials shall be cleaned of clinging concrete and debris and delivered to the storage yard in the same condition as it existed prior to removal, unless the Contractor is instructed otherwise by the Engineer.

5-3.3 Payroll Records: The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2) submit certified payroll to the City; (3 ) certify and make such payroll records availabl e for inspection as provided by Section 1776, and (4) inform the City of the location of the records.

The Contractor has ten (10) days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit one hundred dollars ($100) for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.

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5-3.4 Hours of Labor: The Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Project by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon co mpensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1-1/2) times the basic rate of pay.

5-7 SAFETY
Contractor shall comply with all established government laws and regulations pertaining to the construction of public improvements as well as safety procedures, and will be responsible for applying and using safety equipment as necessary to protect personnel, property and the traveling public. Contractor shall use both street tubular delineators and warning signs to inform the public of work being conducted in accordance with established California State Standards. The Contractor shall provide Health and Sa fety Plan in accordance with local, State and Federal codes. Contractor shall designate or employ a full time safety officer for all work on this Project. 5-7.8 Steel Plate Covers: The Contractor shall provide and maintain non-skid steel traffic plates securely over all openings, trenches and excavations, and whenever required, at the end of each working day. The plates shall be pinned and ramped with temporary asphaltic concrete. Steel plates utilized on arterial highways, roadway with a posted speed limit of 30mph or greater, or as designated by the Engineer, shall be pinned and recessed flush with existing pavement surface.

Add Subsection 5-7.9 to the Standard Specifications:

5-7.9 Haul routes: The Contractor must obtain the Engineer’s approval before using any haul routes.

Add Subsection 5-7.10 to the Standard Specifications:

5-7.10 Notices to Residents and Businesses: Five (5) calendar days prior to the start of construction, the Contractor shall distribute to the resident s a written notification prepared by the Contractor, approved by the Engineer, clearly indicating project scope, specific construction dates, parking and circulation impacts, any disruptions that may occur, and approximately when construction is expected to be completed.

Errors in distribution, false starts, acts of God, strikes, or other schedule alternations will require re-notification prepared by the Contractor, approved by the Engineer.

“NO-PARKING” signs shall be furnished by the City and posted by the Contractor no later than 48 hours prior to the enforcement date. The date and hours of effect shall be written on the sign, by the Contractor. The number, spacing and location of signs shall be as directed by the Engineer.

The Contractor shall maintain the signs throughout the enforcement period. Arrangements shall be made by the Contractor to satisfy the applicable ADA requirements.

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The Contractor shall install signs stating "Business open during construction" and signs s tating “Access" with arrows at business driveways as directed by the Engineer.

Add Section 5-8 to the Standard Specifications:

5-8 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall relocate, repair, replace, or reestablish all exis ting improvements within the Project limits which are not designated for removal (e.g., curbs, sidewalks, driveways, signal loops, fences, walls, sprinkler systems, signs, Utility installations, pavements, structures, etc.) which are damaged or removed as a result of the Contractor’s or the Subcontractors’ operations or as required by the Plans and Specifications.

Photographic and video records of existing conditions prior to commencing the work shall be made and copies provided to the Engineer.

Existing improvements to be protected in place, which are damaged or destroyed due to the Contractor's own convenience and/or negligence, shall be reconstructed to the satisfaction of the Engineer within three (3) calendar days with no additional compensation allowed therefore.

The Contractor shall use special care when cold milling adjacent to existing concrete gutters so as not to chip or damage the surface. Sidewalk and gutters damaged due to Contractor’s operations shall be replaced at the Contractor’s expense.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.

Add Section 5-9 to the Standard Specifications:

5-9 ADVERTISING

The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right -of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.

Add Section 5-10 to the Standard Specifications:

5-10 LAWS TO BE OBSERVED

The Contractor shall keep itself fully informed of all State and National laws and all municipal ordinances and regulations of the Agency which in any manner affect those engaged or employed in the work, or which in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations.

The Contractor shall at all times observe and comply with, and shall cause all of the Contractor’s agents, employees and subcontractors to observe and comply with all such laws, ordinances, regulations, orders and decrees; and shall protect and indemnify the City , the Board and the Engineer, and all of its and their elected a nd appointed officials, officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith

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report the same in writing to the Engineer.

Add Section 5-11 to the Standard Specifications:

5-11 RECYCLING OF MATERIALS

Recycling of Asphalt Concrete, Portland Cement Concrete, Aggregate Base, and Green Waste are Required
The records of disposal, including scale tonnages, shall be furnished to the City on a monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.

Add Section 5-12 to the Standard Specifications:

5-12 RECORD/AS-BUILT DRAWINGS

The City will furnish the Contractor with a complete set of blueline drawings on which the Contractor shall clearly note all changes made for locations of service line s, manholes, connections to existing facilities, stub-outs, etc. These drawings shall be kept up to date as the job progresses and no changes in the plans shall be made without prior approval of the Engineer.

BEFORE FINAL PAYMENT will be made, these drawin gs must be returned to the City in an accurate and legible condition.

SECTION 6 PROSECUTION AND PROGRESS OF THE WORK
Unless otherwise noted, the provisions below shall supplement those provisions in Section 6 of the Standard Specifications.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule: In addition to the construction schedule required pursuant to section 6-1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice, or at a frequency directed by the Engineer. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.

One (1) week before the scheduled pre -construction meeting, the Contractor must submit a construction schedule to the Engineer for review and acceptance. The Contractor shall make revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work, material procurement, providing continuous publi c access, and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; and/or

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b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.

Add Subsection 6-1.1.1 to the Standard Specifications:

6-1.1.1 Pre-Construction Conference: Approximately ten (10) working days before the commencement of W ork at the site, a pre -construction conference will be held at the City and shall be attended by the Contractor ’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate. At tendance by the Contractor and any Subcontractors designated is mandatory.

Contractor shall submit its twenty-four (24) hour emergency telephone numbers to the Engineer for approval a minimum of two (2) Working Days before the pre -construction conference. The Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on -site field superintendent and the Project manager.

Both daytime and emergency telephone numbers shall be included in the written designation.

The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining utility service during construction, including proposed by-passes. 8) NPDES/BMP requirements.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.

Add Subsection 6-1.1.2 to the Standard Specifications:

6-1.1.2 Weekly Progress Meetings
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The

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Contractor shall provide a two (2 ) week “look ahead ” schedule for each meeting. The City Engineer will prepare the meeting agenda, meeting minutes and will distribute minutes. If determined by the City Engineer that weekly meetings are not necessary, the weekly progress meetings frequency may be changed.

Add Section 6-1.1.3 to the Standard Specifications:

6-1.1.3 Scheduling Considerations
Contractor shall not open any construction areas that cannot be replaced on the same workday.

Unless otherwise directed/approved by the City Engineer, a ll traffic lanes shall be opened to vehicular traffic at the end of each work period (day or nig ht). Temporary striping or slurry tabs shall be placed daily on recently completed work. Contractor shall be responsible for maintaining any temporary striping until permanent striping is applied and accepted.

Asphalt removals, grading, compaction of subgrade and construct asphalt concrete base coarse shall take place on a continuous sequential operation.
6-1.2 Commencement of Work : The Contractor shall complete all Work under the Contract within the amount of working days agreed upon for each task order. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the NTP. A “Preliminary Notice to Proceed” will be issued if the period between the period of the Notice of Award and NTP is required to process Shop Drawings and begin procuring equipment and materials. 6-3 TIME OF COMPLETION
6-3.1 General: The Contractor shall complete all work including punch list items under the Contract within amount of working days agreed upon after the date on the Notice to Proceed.

The Contractor shall ensure the availability and delivery of all material prior to the start of work.

Unavailability of material will not be sufficient reason to grant the Contractor an extension of the time for 100 percent completion of Work.

Add Subsection 6-3.1.1 to the Standard Specifications:

6-3.1.1 Working Hours: Working hours shall be li mited to 7:00 a.m. and 4:00 p.m. Monday to Friday, unless otherwise authorized, in writing, by the Engineer. Lane closure shall be limited to the hours between 8:00 a.m. and 4:00 p.m. , except for arterials as defined by the Engineer (9:00 a.m. to 3:30 p.m.). Deviation from these hours will not be permitted, without the prior consent of the Engineer, except in emergencies involving immediate hazard t o persons or property. In the event of requested deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead, and travel time.

It is part of the service req uired of the Contractor to make whatever provisions are necessary to protect the public. The Contractor shall use foresight and shall take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from danger or loss, or damage to life and proper ty, due directly or indirectly to prosecution of

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work under this contract.

Whenever, in the opinion of the Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property which may be damaged by the Contractor’s operations and when, in the opinion of the Engineer, immediate action shall be considered necessary in order to protect the public or property due to the Contractor’s oper ations under this contract, the Engineer will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation within a reasonable time period, the Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the Engineer may seem reasonable and necessary.

A permit may have other hours or Days for the Contractor to do the Work, of which the stricter shall prevail, unless otherwise noted by the Engineer.

Whenever the Contractor is permitte d or directed to perform night W ork or t o vary the period during which Work is performed during the Working Day, the C ontractor shall give two (2) Work Days’ notice to the Engineer so that inspection may be provided.

Add Subsection 6-3.1.2 to the Standard Specifications:

6-3.1.2 Designated Holidays : Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day (4th of July), Labor Day, Veterans Day, Thanksgiving, and the Friday after, and the period between Christmas Eve and New Year’s Day. Contractor should also consult posted prevailing wage holidays for each craft used on the DIR website https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

In addition, no Work will be allowed on any special election Day that may be declared. Should a special election Day be declared, a time extension of one (1) W orking Day will be granted for each such Day.
6-4 DELAYS AND EXTENSIONS OF TIME
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-4.2 Extensions of Time: In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City.

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Notwithstanding any dispute which may arise in connecti on with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work. 6-4.3 Payment for Delays : Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.

Unless compensation and/or mark up is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complet e the performance of the Work.

This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor may be entitled to a Change Order that:(1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor. 6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6 -8 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contractor any other reason or for no reason upon thirty (30) Days’ written notice. The rest of the procedure outlined in Section 6 -8 shall apply to suc h situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to Contractor for the full performance of the services described in the Contract.
6-9 LIQUIDATED DAMAGES
For each consecutive calendar day after the time specified in Section 6-3.1 for completion of work, the contractor shall pay to the City or have withheld from moneys due it, the daily sum of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remain incomplete beyond th e expiration of the completion date. The City may deduct the amount of liquidated damages due hereunder from any monies due or that may become due the Contractor under this Contract.

Execution of the Contract shall constitute agreement by the City and Con tractor that the above liquidated damages per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time.

For the purposes of the calculation of the start of the liquidate d damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefore and to the satisfaction of the Engineer , and the Engineer has certified such completion in accordance with Section 6-4 of the Standard Specifications.

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SECTION 7. MEASUREMENT AND PAYMENT
Unless otherwise noted, the provisions below shall supplement those provisions in Section 7 of the Standard Specifications.
7-1.2 Methods of Measurement
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in these Contract Documents and as directed by the Engineer.
7-3 PAYMENT
7-3.1 General: In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes.

The unit and lump prices bid for each ite m of work shown on each task order shall include full compensation, including all labor, tools, equipment, and material, to complete the item of work in place, and no other compensation will be allowed thereafter.

7-3.2 Partial and Final Payment

Add Subsection 7-3.2.1 to the Standard Specifications:

7-3.2.1 Monthly Closure Date and Invoice Date: The monthly closure date shall be the last Day of each month. A measurement of Work performed and a progress estimate of the value thereof based on the Contract and of the monthly payment shall be prepared by the Contractor and submitted to the Engineer before the fifth(5th) D ay of the following month for verification and payment consideration. The Contractor shall verify all quantities with the City Inspector before payment request submittal.

Add Subsection 7-3.2.2 to the Standard Specifications:

7-3.2.2. Payments: The City shall make payment s within thirty (30) D ays after receipt of the Contractor’s verified and undisputed and properly submitted payment request , including an updated construction schedule pursuant to Section 6 -1.1 of the General Provisions . The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, and shall explain in writing the reasons why the payment request is not proper.

Add Subsection 7-3.2.3 to the Standard Specifications:

7-3.2.3 Substitute Security: In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such pa yments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly

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to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.

SECTION 8. FACILITIES FOR AGENCY PERSONNEL
Unless otherwise noted, the provisions below shall supplement those provisions in Section 8 of the Standard Specifications.

No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.

Add Section 9 to the Standard Specifications:

SECTION 9. ADDITIONAL TERMS
9-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, men tal disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.
9-2 NOTICE TO PROCEED
Upon award of this Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The Contractor should sign and return the Notice to Proceed to the City prior to commencement of work. The City will not authorize any W ork to be done under these Contract Documents before the Contract has been fully executed. Any W ork that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection. 9-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the W ork by the City as defined in Section 3-13.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injur y or damage to any part of the W ork by the action of the elements, criminal ac ts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injurie s or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all m aterials and the protection of W ork already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.

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9-4 CLAIM DISPUTE RESOLUTION
a. In the event of any dispute or controversy with the City over any matte r whatsoever, the Contractor shall not cause a ny delay or cessation in or of W ork, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertains to the resolution of disputes and prot ests between the parties. The D isputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters. b. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810etseq.) with regard to filing claims and to Public Contract Code Section 20104 etseq. (Article 1.5) regarding the resolution of public works claims of three hundred seventy-five thousand dollars ($375,000) or less. All claims arising out of or related to the Contract Documents or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 etseq.) with regard to filing claims. All such claims are also subject to the dispute procedures set forth in Public Contract Code Section 9204 and Public Contract Code Section 20104, etseq. (Article 1.5), to the extent each is applicable. This Contract hereby incorporates those provisions as through fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Section 20104 etseq. (if applicable), and must then adhere to Section 20104, etseq. and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
9-5 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third -party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
9-6 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations in force at the time the Contractor performs pursuant to the Contract Documents. 9-7 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants , agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents ; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full perform ance under th e Contract Documents; (c) there is no litigation pending against the Contractor that could adversely affect its performance of the Contract , and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony.

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9-8 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or represe ntation during the term of the Contract or within twelve (12) months after acceptance as defined in Section 3-13.2 of the General Provisions that is or may likely make the Contractor “financially interested, ” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents. 9-9 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.

Venue for any such action relating to the Contract shall be in the Orange County Superior Court. 9-10 TIME
Time is of the essence in these Contract Documents.
9-11 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to su ch Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, obligation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents.

The Contractor shall include this provision in all contracts with all Subcontractors. 9-12 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
9-13 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one (1) or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City

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shall in no way impair or prejudice any right or remedy available to the C ity with regard to such breach or default.
9-14 INDEMNIFICATION
9-14.1 Contractor’s Duty: To the maximum extent permitted by law, the Contractor hereby agrees, at its sole cost and expense, to defend with competent defense counsel approved by the City Attorney, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representatives), successors, and assigns (collectively “Indemnitees”) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, s top payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, servants, employees, Subcontractors, material suppliers or any of their officers, agents, servants or employees, and/or arising out of, incident to, related to, in connection with or resulti ng from any term, provision, image, plan, covenant, or condition in the Contract Documents ; including, without limitation, the payment of all consequential damages, attorneys ’ fees, experts’ fees, and other related costs and expenses (individually, a “Claim,” or collectively, “Claims”). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

The Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any ins urance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitees.
9-14.2 Civil Code Exception : Nothing in this Section shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code S ection 2782(a) or the City ’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code S ection 2782(b) , provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. 9-14.3 Nonwaiver of Rights: Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or cert ificate required pursuant to the se Contract Documents . This indemnity provis ion is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
9-14.4 Waiver of Right of Subrogation : The Contractor, on behalf o f itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. 9-14.5 Survival: The provisions of this Section shall survive the term and termination of th e Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and

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are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee ’s right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. 9-15 TERM
The Contract is effective as of the Effective Date listed, and shall rem ain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions. 9-16 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third (3rd) business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
9-17 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.

PART 2:

CONSTRUCTION MATERIALS

Unless otherwise noted, the provisions below shall supplement those provisions in Part 2 of the Standard Specifications.

SECTION 200 ROCK PRODUCTS
200-2 UNTREATED BASE MATERIALS

In the event of wet soil conditions, a ggregate base shall be constru cted as directed by the Engineer.

The gradation shall be ¾” (20 mm) maximum. Changes from one grading to another shall not be made during progress of the work, unless permitted by the Engineer.

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The subgrade shall be compacted to 95% with moisture contents within 2% of opt imum. The finished subgrade shall not deviate more than 0.03 feet from the design grade. Lightweight compaction equipment shall be used to avoid subgrade pumping.

NO CRUSHED MISCELLANEOUS BASE (CMB) IS ALLOWED.

SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE

Concrete to be used for curb and gutter, sidewalk, drive approaches, and parkway culverts shall be designated Class 560 -C-3250 mix with maximum slump of 4" (100 mm). Cross gutters, longitudinal gutters, spandrels, concrete band, colored concrete, catch basin local depression shall be 4,500 psi concrete mix with a maximum slump of 4" (100 mm). Contractor may use fly ash with an exclusive written approval of the Eng ineer. Cross gutters shall be constructed per City of Buena Park Standard Plan105 and as shown of the plans, 4,500 psi concrete. Longitudinal gutters shall be constructed per Green Book Standard Plan 122 -2 as modified as shown in the plans, 4,500 psi concr ete. The Contractor shall provide 1 -1/2” thick steel traffic plates to bridge new cross gutters. Contractor shall remove a minimum of 25’ of existing A.C. on both sides of the cross gutter/spandrel or as directed by the Engineer and replace to match existing.

Concrete mix design shall be submitted to the Engineer ten (10) working days prior to use.

201-3.7 Type “D” Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant) (CRACK SEALING)

After cold milling and prior to the placing of new asphalt, concrete pavement cracks greater than 1/8" will be routed, cleaned and filled with hot asphalt rubber joint and crack sealant conforming to Standard Specifications Section 201-3.7 (Type "D" Joint Sealant (Hot-Poured Rubber-Asphalt Joint sealant)). Cracks less than 1/8" wide shall not be filled. Cracks greater than 1/8" up to and including 3/8" shall be routed to a width of 1/2" and a depth of 3/4". Cracks greater than 3/8" need not be routed.

All cracks shall be blown clean using not less than 175 cfm air compressor at 110 psi just prior to sealin g. Loose material between cracks larger than 3/8" shall be removed by gouging or plowing and the crack shall be brushed and blown clean with compressed air just prior to sealing.

Sealant shall be topped off where settling occurs. Depressed areas adjacent to cracks shall be filled to road level by use of a straight squeegee. Excess material shall be leveled off at all cracks.

Sealant shall be applied according to manufacturer's specifications, using the manufacturer's recommended equipment. Manufacturer's specifications and equipment recommendations shall be furnished to the Engineer prior to construction.

SECTION 203 BITUMINOUS MATERIALS
203-6 ASPHALT CONCRETE
203-6.2 Materials

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Asphalt concrete surface course shall be Type III C3-PG 70-10. Tack coat shall be Grade SS - 1H, per Section 302-5.4 and shall be applied to the perimeter of all AC removal and replacement locations and cold milling locations. All tack coats over spray on gutter edges shall be removed.

The asphalt content for the Type C 3-PG 70-10 asphalt concrete shall be per Orange County Environmental Management Agency Special Provisions — Asphalt Concrete Standard Plan 1805 (revised).

The Contractor shall use a PG Asphalt Binder.

SECTION 207 GRAVITY PIPE
The Section 207 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 207.

SECTION 208 PIPE JOINT TYPES AND MATERIALS
The Section 208 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 208.

SECTION 209 PRESSURE PIPE
The Section 209 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 209.

SECTION 210 PAINT AND PROTECTIVE COATINGS
The Section 210 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 210.

SECTION 211 MATERIAL TESTS
The Section 211 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 211.

SECTION 212 WATER AND SEWER SYSTEM VALVES AND

APPURTENANCES
The Section 212 from the 2021 Edition, the “Greenbook” or latest version will be part of the “Special Provisions”. Therefore, contractor shall comply with all the requirement, regulation, and etc per the Section 212.

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SECTION 214 TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS
All references to traffic striping and markings shall be "Thermoplastic".

Traffic Signs, Striping, Markers, and Markings, shall conform with Sections 84 and 85 of the Caltrans Standard Specifications and these Special Provisions.

Existing striping, pavement markings, legends, stop bars, crosswalks, parking stalls, red curb, etc., shall be replaced by the Contractor if damaged. It is the Contractor's responsibility to note and inventory such locations using a video recording system prior to removal and replacement of such, accordingly. In the event of a conflict as to the locations, placement of legends, markings, lines, etc., shall be as directed by the Engineer.

All existing markings which do not conform to the new striping s hall be removed with a grinder.

Existing markers which are partially removed or damaged shall be removed in total and replaced in kind. The Contractor shall re -stripe existing striping and curb markings obliterated by new construction, whether or not shown on the Plans for replacement.

Pavement Markers: Traffic striping will not commence sooner than seven to ten (7-10) working days after the surface course is placed. The Contractor shall furnish and install raised pavement markers as indicated on the plans and specifications to restore the roadway to its original state in accordance with the requirements of Section 85 of the Caltrans Standard Specifications.

Type A markers shall be ceramic type in accordance with Section 85 -1.02B(3) of the Caltrans Standard Specifications.

Fire Hydrant Reflectors: All existing fire hydrants shall, at the completion of the project have Type D two -way blue reflectors placed in accordance with the 2014 (or Latest Edition) California Manual of Uniform Traffic Control Devices (MUTCD) Section 3B.11.

Traffic Striping : In areas of new, or restoration of street striping, markings and legends, the Contractor shall provide and install traffic striping, thermoplastic paint and beads equal to State Standard Specifications, Section 84.

After the completion of surface course paving operations, and raising frames to grade, the Contractor shall allow seven to ten (7-10) working days before final striping. This does not include cat- tracking, which must be done within 24 hours or as directed by the Engineer.

The Contractor shall provide paint spots on centerline approximately 150 feet apart, to establish a reference line as shown on plans and as directed by the Engineer. The Contractor shall mark off all lane lines to match existing conditions.

Cat tracking shall be approved in writing by the Engineer before application.

Pavement Markings: Pavement marking work shall be limited to replacement of all legends, turn arrow legends, stop bars and crosswalks with 120 mils thick thermoplastic within the confines of the work area unless otherwise directed by the Engineer. All work shall match existing conditions.

All materials shall conform to the State Standard Specifications.

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Add Section 218 to the Standard Specifications:

SECTION 218 TRUNCATED DOME MAT
The detectable warning surface required for all curb ramps within the AC paving project limits shall consist of a Buena Park light b lue replaceable, cast-in-place polyurethane truncated dome mat, ARMOR- TILE, or approved equal. Contractor shall verify the color with the Engineer prior to installation of mat. The dimensions of the detectable warning surface shall be as specified on the Caltrans Standard Plans.

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PART 3:

CONSTRUCTION METHODS

Unless otherwise noted, the provisions below shall supplement those provisions in Part 3 of the Standard Specifications.

SECTION 300 EARTHWORK

300-1 CLEARING AND GRUBBING
During construction and excavation, soft and unstable subgrade is expected to be encountered.

The City's soils engineer shall det ermine the method of stabilizing these areas. The use of stompers will not be allowed for any portion of work on the project.

Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable sub - grade.

Removals shall consist of the sawcut and removal of all materials, regardless of character, necessary for the construction of the project as shown or indicated on the plans and specifications and shall include but not be limited to: asphalt, aggregate base, and subgrade if required by the engineer.

All existing pavement joining new construction shall be sawcut in a straight line. Contractor shall exercise due caution to avoid any damage to the existing utilities and improvements to be protected in-place. Any damage caused by Contractor and/or his equipment shall be repaired or replaced as called out in Section 4-2 of the Standard Specifications at Contractor's expense.

Asphalt and subgrade removals shall be done with a grinder only. Grinding of the existing AC pavement shall be at a constant dep th as called for in the plans. All temporary striping required after grinding operations shall be installed per City Standards.

The entire surface area of the pavement designated for removal shall be ground to the depths specified in the plans. Care shall be exercised not to damage adjacent improvements. Gutters or curbs damaged by the Contractor’s operations shall be replaced at the Contractor's expense.

The contractor shall scan the work area using a metal detector of adequate strength prior to any saw cutting, excavation or grinding of the existing pavement. Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers or other metal appurtenances buried below the existing pavement surface whether shown on the plans or not.

Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by a vacuum sweeper and properly disposed of. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer . No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall cover and protect all storm drain inlets prior to the start of grinding operations.

Cold mix A.C. shall be placed and maintained at the interface between ground and non -ground

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areas to eliminate the hazard caused by sudden elevation differences, especially in pedestria n path of travel areas adjacent to wheelchair ramps.

The Contractor is to notify the Engineer at least two (2) working days prior to and immediately after the grinding operations so that observations and measurements may be made of areas before the placement of permanent asphalt.

Under no circumstances shall the period of time between removal of existing improvem ents (which create an obstruction or hazard to the public) and their replacement exceed three (3) calendar days at any one location unless approved otherwise by the Engineer or is necessary to facilitate or protect work. Should the Contractor fail to compl y with this requirement, all other operations will be stopped until the hazard or obstruction is removed and no additional days or other compensation will be given.

NOTE: Concrete removals are not allowed on Fridays or the day before a holiday and shall b e replaced before the weekend or holiday.

Under no circumstances, shall the Contractor place concrete forms with the intent of leaving the forms in place for more than 24 hours, aside from curing freshly poured concrete.

The plans do not indicate any ex isting sprinkler systems. It is the Contractor's responsibility to examine the site, and determine what damage, if any, will be incurred within the areas described above, and consider this in the bid price for the various items of work.

The limits of remo vals will be marked by the Engineer, within forty -eight (48) hours from the Contractor's request, to have removal areas marked.

All patching and repair work for any removals shall be to the original condition unless directed otherwise by the City Engineer.

All removed material becomes the property of the Contractor and shall be hauled and properly disposed of outside of the project limits.

Add Subsection 300-1.2.1 to the Standard Specifications

300-1.2.1 Additional Considerations:

1. In areas where roots are encountered, they shall be removed a minimum of 12 inches from the new work, or as directed by the Engineer.

2. In addition to removal of street, traffic, warning signs, or any other signs, Contractor shall reinstall and/or replace as shown on plans or as directed by the Engineer.

3. The Contractor shall, upon completion of the new improvements, repair, resod, replant, and replace landscape areas damaged or altered through the course of construction, including top dressing of the soil. All existing irrigatio n systems, which were affected as part of the project construction, shall be restored to their original condition and to the satisfaction of the Engineer. As required, irrigation system components shall be relocated and/or adjusted to grade within the limi ts of the landscaping.

4. This item shall also be interpreted to include the removal and disposal of any additional items not specifically mentioned herein which may be found with the work

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limits or are shown on plans to be removed.

Add Subsection 300-1.5 to the Standard Specifications

300-1.5 Site Demolition and Clearing : Following the asbestos and lead containing building materials removal and certification of the site, the building demolition and site clearing and grubbing may begin. Site clearing and grubbing shall be in accordance with Section 300-1 of the Standard Specifications and these Special Provisions and shall include the removal of all material from within the property boundary of each site unless specifically noted as “protect” or otherwise directed by the Engineer.

The Contractor shall be responsible for having a qualified pest control company spray all structures in order to prevent insects living within the structures from infesting adjacent properties.

This spraying action will be done 48 hours prior to demolition of any structures. The cost of complying with all requirements specified in this section shall be borne by the Contractor and should be considered as included in the price bid.

Unless otherwise specified, all concrete floors, walks footings, porches, steps, slabs, signs, and foundation walls within the limits of the property shall be removed in their entirety with demolition operations, shall be removed from the site and disposed of by the Contractor. Likewise all brick, plaster, lumber, wood scraps and all other loose or fixed debris shall be removed from the site and disposed of by the Contractor, unless otherwise noted on to protect. Asphalt within the project to remain.

The City reserved the right to order the Contractor to stop work at any time for purposes of conducting a structural and analysis of the building being demolished. The Contractor may be required to continue the work under supervision of a structural engineer at no cost to the City.

During demolition, the Cont ractor shall keep the site free and clean from all rubbish and debris and in a sanitary condition and shall promptly clean up the site after being notified by the City representative.

The Contractor shall backfill holes and voids created during his operations, the backfill shall consist of non-organic rubble-free portions of on-site materials or clean non-expansive imported dirt. Dirt shall be placed in horizontal layers not to exceed eight inches in depth, each layer being well moistened and thoroughly tamped or rolled until a relative compaction of not less than 90% is secured as determined by Test Method ASTM -D-1557-70. No puddling or flooding of backfill shall be done without specific authorization by the City. The Contractor shall make his own arrangements for securing fill materials. Cost of Backfill materials, grading, and related work shall be considered as included in the project bid and no additional compensation will be considered.

Compaction tests will be required on all fill areas exceeding 16 inches in depth. Tests will be done by a firm selected by the City and at locations requested by the Inspector. Results shall meet the compaction requirements as specified. Costs of such tests shall be borne by the City.

All areas shall be grubbed to a depth below the natural ground surface necessary to remove all stumps, roots, buried logs, broken concrete, broken asphalt and all other objectionable material larger than two inches.

The City reserves the right to search for buried debris after comp letion of the demolition operations. If debris is uncovered, the Contractor shall remove all uncovered material and pay to

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the City the cost of exploratory work.

Add Subsection 300-1.6 to the Standard Specifications

300-1.6 Material Disposition: The asbestos containing materials and lead paint, buildings, site improvements and all materials resulting from their demolition or removal shall be removed from the premises. This shall include all stoves, refrigerators and other furniture found on the site.

However, the Contractor shall not dispose of the improvements or materials there from by sale, gift or in any manner whatsoever to the general public at the site. This provision shall not be construed as limiting or prohibiting the sale or disposition of such improvements or materials at the site to duly licensed contractors or materials men, provided that the materials are removed by the Contractor. Removal of buildings as a unity, or in sections capable of reassembly as a structure, is expressly prohibited.

NO BURNING OF MATERIALS SHALL BE PERMITTED ON THE SITE.

300-2 UNCLASSIFIED EXCAVATION

Add Subsection 300-2-10 to the Standard Specifications:

300-2-10 Over-Excavation: During construction and excavation, soft and unstable sub-grade is expected to be encountered. The City’s soils engineer shall determine the method of stabilizing these areas. If, in the opinion of the Engineer, the existing areas of materials beneath the regular excavation depth are unsuitable, and/or contaminated, the Contractor may b e ordered to over - excavate those areas to a depth to be determined by the Engineer. A combination of stabilization fabric or aggregate base and asphalt concrete bridge mix shall be used to replace materials over- excavated as directed by the Engineer.

Light weight tracked type equipment shall be used to accomplish stabilization of unsuitable sub - grade.

Over optimum conditions are anticipated in isolated areas, and will require over excavation and replacement with a thickened pavement section. The Engin eer will determine the specific areas and limits of excavation during construction.

Operation of rubber tired equipment on marginal or soft sub-grade will not be permitted. All trucks shall be directed as necessary to prevent loaded trucks from driving o n sub -grade areas designated as soft or yielding. Areas designated for over excavation and replacement with thickened pavement sections shall utilize track excavators and/or loaders capable of operating on the exposed sub -grade. The Contractor shall be res ponsible for selection of the equipment necessary for excavation.

The Contractor shall submit a list of equipment t o be used to the Engineer for ap proval prior to beginning stabilization work. The list of equipment shall provide a complete detailed descr iption of each piece of equipment to include weight, type of drive (rubber, tire, track, steel drum, etc.)

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BOTTOM DUMP (AKA BELLY DUMP) TRUCKS SHALL NOT BE USED ON ANY PORTION OF WORK ON THIS CONTRACT.

300-4 UNCLASSIFIED FILL
Work shall be performed in accordance with Section 301 of the Standard Specifications. Disturbed subgrade and backfill materials shall be compacted to 95% relative compaction and optimum moisture content of 2%. Finished subgrade shall not deviate more than 0.05 foot (15 mm) from the theoretical grading plane and must be firm and unyielding.

All rocks, stones, debris and roots within 12 inches (300 mm) of the finished surface shall be removed and disposed of.

Backfill shall consist of placement of material necessary to fill voids adjacent to newly constructed curb and gutter, sidewalks drive approaches, etc.

Landscaping b ackfill material shall be topsoil and considered select material acquired from approved sources for sustaining healthy plant life. No backfill material shall be pl aced until approved by the Engineer.

SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS,

AND PLACEMENT OF BASE MATERIALS
Add Subsection 301-1.8 to the Standard Specifications:

301-1.8 Adjustment of Manhole Frame and Cover Sets to Grade : Water valves, manhole frames and covers and sewer cleanouts shall be adjusted to grade including paving within t en (10) working days after completion of paving.

Failure to comply shall result in a penalty of ONE THOUSAND ($1,000) DOLLARS A DAY.

Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After frames have been removed, the tops of each structure shall be carefully cleaned to provide a suita ble foundation for the new material. The existing frames and covers shall remain the property of the City.

The Contractor should be made aware that there are some existing coated/lined sewer manholes in the project areas as called out in the plans. The Co ntractor, when adjusting these sewer manholes to grade, shall replace the existing coating/lining to the new grades.

Upon completion of the roadway resurfacing or construction, circular holes shall be cut where the water valves and sewer cleanouts or manholes exist and the valve cans and sewer manhole and cleanout frames and covers adjusted to the proper grade, and a 6” x 6” concrete collar shall be placed around outside of valve cans sewer cleanouts and manhole frames. The pavement shall then be replaced with a structural section equivalent to the adjacent areas. Any valve cans or sewer manholes and cleanouts found to be located within areas to receive concrete surfaces shall be adjusted to grade prior to placing the concrete. Any valve cans which may be located in areas

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which will be excavated prior to placing of the base material shall be removed during excavation, stored, and reinstalled to proper grade by one of the above methods. The Contractor shall furnish any valve can parts, sleeves, grade rings and/or top sections needed to complete the installations.

These parts shall be in accordance with the City of Buena Park Standard Plan Nos. 504, 505, 511, 518, and 530.

Contractor shall tie -out locations of all manholes and water valve covers to three perm anent locations, prior to paving and supply the information to the Engineer.

If, when the frames are adjusted, it is determined that there will not be sufficient bearing in the opinion of the Engineer, between the ring and the remaining structure, two st eel bars, not less than 1” by 3” shall be placed in such a way as to properly support the ring, after which the exterior of the ring will be covered with masonry in the normal fashion.

Frames shall be set to the grade of the new surface after the surfacing has been placed. The area around the frame and cover shall be filled with paving materials after the 6” x 6” concrete collar is placed, the surface of which shall conform to the grade of the finished surface. Manholes and lines must be cleaned if any debris is dropped into manhole.

After the completion of finish course paving operations and prior to raising frames to grade, the Contractor shall allow two (2) working days before final striping. This does not include cat-tracking, which shall be done within 24 hours after paving as directed by the Engineer.

SECTION 302 ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT
PLACING SAND ON ANY ASPHALT SURFACE WILL NOT BE ALLOWED.

The asphalt concrete mix design and material list and source shall be submitted to the Engineer for approval a minimum of ten (10) working days prior to use.

No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.

Prior to paving, all grass or vegetation growing through cracks in the pavement or adjacent to curb and gutter shall be removed and the areas sprayed with a soil sterilizer approved by the Engineer. Streets that get full depth AC removal shall be treated with weed killer (colored type) spectracide or approved equal.

Tack coat shall be placed on one lane at a time and no further than 200 feet ahead of paving operation. Unit price bid for asphalt shall include tack coat.

The surface shall be cleaned by use of a mobile sweeper and washed with water and allowed to dry prior to surface course applications.

At least 75%, by weight, of the material retained in the No. 4 sieve shall have at least one fractured face as determined by Test Method No. Calif. 205.

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Asphalt Concrete Base Course shall be of the thick ness as shown on the plans and TYPE III-B2 PG 70-10 (3/4”).

A single AC layer as indicated on the plans shall be placed with suitable equipment and rolled lightly for grade control purposes only. Contractor shall exercise caution in these areas to prevent pumping of subgrade. Relative compaction requirement is waived for this initial base layer in the wet sub-grade areas only. The completed base layer shall be allowed to cool for a minimum of 15 hours prior to placing next layer of asphalt. No truck shall be permitted to operate on the sub - grade or the asphalt until the suitable cooling period is expired per the direction of Engineer.

Asphalt Concrete Leveling Course shall be of thickness as shown on the plans and be TYPE III-C3 PG 70-10. All asphalt leveling courses shall conform to Section 203-6 of the Standard Specifications. Hot tack coat shall be Grade SS-1h emulsified asphalt.

Asphalt Concrete Bridge Mix (Soft Areas) shall be used for backfilling in over-excavated soft areas encountered during work as directed by the Engineer. A one-ton batch shall contain:

 Sand……………………………………………. (24%)………... 458 lbs.
 3/8” (1 cm) Aggregate………………………... (35%)……...... 667 lbs.  ½” (1.5 cm) Aggregate………………………. (12%)……….. 229 lbs.
 ¾” (2 cm) Aggregate………………………..... (29%)……….. 553 lbs
 Asphalt viscosity grade PG 70-10………….. (4.9%)…….......93 lbs.

Sub-grade preparation shall conform to Section 301 -1 of the Standard Specifications and th ese Special Provisions. Bridge mix shall be placed without compaction effort. Care shall be taken to keep bottom of sub grade flat.

If applicable, 1 ½” Asphalt Concrete Leveling Course shall be used at the direction of the Engineer as deemed necessary by field conditions. Leveling course shall be a minimum of 1 ½” in thickness and will be required when, in the opinion of the Engineer, the base paving is not suitable to provide adequate support for the finish course of paving.

Rolling equipment shall con form to the provisions of Subsection 302 -5.6 of the Standard Specifications, except three-wheel rollers shall not be permitted and pneumatic rollers shall be used on base courses only. Rolling equipment on local roads shall be a minimum of one 8 -ton, 2–axle tandem roller for each fifty (50) tons, or fraction thereof, of asphalt concrete placed per hour by each asphalt paver.

The Engineer will vary paving rates as necessary or require additional compaction equipment in order to insure adequate compaction of the hot mixture.

All locations where new asphalt concrete pavement is joining or overlaying existing asphalt pavement, Contractor shall saw cut existing pavement to provide straight, neat lines and feather the new pavement to form smooth transition with the existing pavement.

Prior to the feathering process, the Contractor shall cold mill the existing pavement a minimum of five (5) feet (1500 mm) in width from the edge of gutter or from join lines as designated by the Engineer. Contractor shall remove all loose materials from site after cold milling. Asphalt joints shall be sealed with approved bituminous material.

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Note: Contractor shall water test all streets for drainage and drivability prior to final approval and payment for the work, at no cost to the City.

Temporary striping : Lane line delineation shall be accomplished using reflectorized slurry tabs, and shall b e placed after each paving operation. In accordance with the approved striping plan, twelve (12) inch wide reflectorized striping tape shall be used for stop bars and crosswalks. Said tape shall be removed from temporary surfaces prior to placement of additional asphalt. Temporary striping on cold milled surfaces shall be paint.

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY

INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
The Contractor shall provide and maintain a walkway area with a minimum unobstructed width of four (4) feet (1 ,200 mm) for pedestrian traffic at all times, whenever possible. “SIDEWALK CLOSED AHEAD” signs shall be posted per the Engineer’s direction whenever sidewalk is closed for construction.

Concrete driveway approaches shall be constructed per City of Buena Park Standard Plan 213 and as modified if shown on the Plans. The Contractor shall provide secondary access to all businesses/residents during construction of driveway approaches. If not possible, the Contractor shall construct the approaches so as to maintain private property accessibility.

New wheelchair ramps shall be constructed per Caltrans Standard Plan A88A, unless otherwise noted on the project plans. All new ramps shall have a zero -inch (0”) lip of gutter at t he ramp opening and a cast-in-place detectable warning surface 3’x4’ (blue in color). The PCC curb and gutter construction, which is related to the PCC wheelchair ramp construction, shall be considered as part of the wheelchair ramp.

Sidewalks, driveway a pproaches, curb ramps, and curb and gutter construction shall match existing adjacent improvements as nearly as possible.

Control joints for curb and gutter shall be 1/4" (6 mm) wide and shall be constructed 10' apart as directed by the Engineer.

Sub-grade preparation shall consist of cut or fill as is necessary to maintain specified concrete thickness at the grade established by the Engineer. Compaction of subgrade shall be as specified in Section 301 of the Standard Specifications.

Backfill material placed behind newly constructed curbs shall be topsoil in the upper twelve inches (12") (300 mm) to accommodate landscaping materials.

All concrete removal areas shall have new concrete improvements installed within three (3) calendar days from the date of the removal unless approved otherwise by the Engineer.

No paving materials shall be placed until authorized by the Engineer or required test reports indicate compaction is acceptable.

The Contractor is responsible for the protection of the concrete work for the duration of the project and shall replace all damaged or destroyed concrete to the satisfaction of the engineer at no additional cost to the City.

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Add Section 315 to the Standard Specifications:

SECTION 315 TRUNCATED DOME MAT
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp and shall be installed per the manufacturer's installation recommendations and as directed by the Engineer.

At a minimum the Contractor shall adhere to the truncated dome mat manufacturer's installation requirements including proper surface preparation and protection of the work and surrounding area.

Add Section 316 to the Standard Specifications:

SECTION 316 ACCESSIBLE RAMPS
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp and shall be installed per the manufacturer's installation recommendations and as directed by the Engineer.

At a minimum the Contractor shall adhere to the truncated dome mat manufacturer's installation requirements including proper surface preparation and protection of the work and surrounding area.

All new accessible ramp construction shall be constructed to meet ADA and any applicable regulations, including transitioning beyond the accessible ramp limits to meet grade tolerance.

Contractor shall retrofit existing wheelchair ramps by grinding the concrete ramp flush with the gutter flowline.

Add Section 317 to the Standard Specifications:

SECTION 317 AESBESTOS AND LEAD REMOVAL
The City has obtained asbestos abatement report prepared by Forensic Analytical for the project.

A copy of the report is attached to these specifications as Exhibit A. The work consists, in general, of the removal of all asbestos and lead containing materials from the project sites and includes, but is not limited to, project submittals, site preparation, asbestos and lea d materials removal, containment, disposal, area clean up and agency clearance.

Prior to the proposed start of work, the Contractor shall submit the following information to the Engineer for review and approval. The Contractor shall not proceed until he has received approval of the requested information.

 Copy of all required State notifications.

 Copy of State or local license for waste hauler.

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 Name and address of landfill where asbestos and lead containing waste materials are to be buried. Include contact person and telephone number.

 Chain-of-custody form and form of waste manifest proposed.  Sample of disposal bag and any added labels to be used.

 Designated full time certified project supervisors resume.

 Copies of certificates from an EPA-approved AHERA abatement workers course for each worker as evidence that each asbestos abatement worker is accredited as required by AHERA regulation.

 Evidence that all workers have been trained, certified and accredited as required by State of California and by local code or regulation.

Upon completion of the work and disposal of the material of the material, submit copies of all manifests and disposal site receipts.

The abatement of asbestos and lead containing building materials from the subject buildings must meet all the laws, regulations, and standards included in state and federal documents. The Contractor shall bring to the attention of the Engineer any conflict between State and Federal requirements and the requirements of these specifications.

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PART 4:

EXISTING IMPROVEMENTS

Unless otherwise noted, the provisions below shall supplement those provisions in Part 4 of the Standard Specifications.

SECTION 402 UTILITIES

402-1 LOCATION
The location and existence of any underground utility or substructure, if provided, is for reference only. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing condition s, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both.

Prior to start of construction and not less than 48 hours, the Contractor shall notify the Underground Service Alert (USA) at (800) 227 -2600. No compensation will be allowed for repairing of damage incurred by the Contractor to any utility.

For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.

Within five (5) working days after the completion of the work, or phase of work, the Contractor shall remove all USA utility markings. Any surface damaged by the rem oval effort shall be repaired to its pre-construction condition or better.

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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.

Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.

To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.

Dig Alert Identification Number: ________________________________________________

Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.

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402-2 PROTECTION
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.

Any portions of curb, gutter, sidewalk or any other City and/or private improvements damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in his /her or her Bid.
402-3 REMOVAL
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and native/non-native obstructions of any character encountered during the process of excavation. It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. The remaining portion of an existing Utility which is left in place shall be properly abandoned, accurately recorded, in elevation and plan, on the control set of Contract Drawings.
402-4 RELOCATION
The Contractor shall cooperate fully with all U tility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.

SECTION 404 COLD MILLING
Existing asphalt concrete shall be m illed at the locations and to the dimensions shown on the plans and in accordance with these Special Provisions. The milling of asphalt concrete will only be permitted to take place immediately prior to paving.

It is anticipated, due to the large amounts of milling to be performed, that traffic will be transferred onto milled surfaces for short intervals prior to placem ent of the asphalt concrete. The milled surfaces to receive traffic must have an approved satisfactory driving surface before traffic will be allowed to resume use. Abrupt changes in surface elevation of greater than 3/8 inch (10 mm) will not be allowed. Therefore, where milling depths as shown on the plans exceed 3/8 inch (10 mm) in depth, a tapered mill perpendicular to the direction of travel, at the rate of one 1 inch (25 mm) per five (5) feet (1500 mm), shall be required until the specified depth of mill is reached.

Abrupt changes in the pavement surface elevation in the longitudinal direction (parallel to the direction of travel) sha ll not be allowed. A minimum of three (3) foot (900 mm) transition is required for longitudinal grade differences over 3/8 inch (10 mm).

Upon completion of milling operations, the Contractor shall plac e hot mix AC to reduce the lip

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where wheelchair access ramps are located to assist use by handicapped persons. The hot mix will then be removed no sooner than 24 hours prior to paving.

Both the perpendicular and parallel temporary taper transition may be achieved by over milling outside of the specified full depth mill limits or by using a full depth mill inside the specified full depth mill limits followed by a temporary asphalt concrete ramp. The temporary asphalt concrete ramp must be rem oved just prior to the actual asphalt concrete base course placement.

Adherence to all of the preceding temporary pavement surface maintenance requirements shall be absorbed into the unit costs for the various mills. No additional compensation will be allowed.

Milled asphalt concrete pavement will be measured by the square foot. The quantity to be paid for will be the actual area of surface milled irrespective of the number of passes required.

All milled material shall become the property of the Contractor.

PART 5:

PIPELINE SYSTEM REHABILITATION

Unless otherwise noted, the provisions below shall supplement but not replace those provisions in Part 5 of the Standard Specifications.

SECTION 500 PIPELINE, MANHOLE, AND STRUCTURE

REHABILITATION

500-1 GENERAL
The Contractor shall field verify pipe diameter at the maintenance holes and lengths prior to ordering liner materials. The Contractor shall notify the Engineer of any discrepancies between information obtained in the field and existing plans.

A Contractor licensed by the manufacturer/owner of the process shall perform installation of the sewer lining. Bidders are required to submit copies of such licenses with their bids. A bidder’s failure to do so shall render their bid non-responsive.

Bidders shall prov ide proof of meeting the requirements for chemical resistance and physical testing of the above selected liner system along with their bid.

Minimum pipe liner wall thickness: The minimum finished liner thickness shall conform to Table 500-1.1.1.a below:

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Table 500-1.1.1.a
Host Pipe Diameter (inches) 6 8 12
Standard Dimension Ratio (SDR) 32.5 32.5 35
Liner Thickness (inches) 0.185 0.246 0.342

If the pipe liner process requires a thicker SDR for the site, or existing pipeline condition designed with a 2 to 1 safety factor the contractor shall provide the thicker pipe required.

CIPP designs shall use a minimum of 15% extra thickness to compensate for resin migration/seal factor to fill joints, cracked or deteriorated pipelines unless a higher % is noted on the plans or special provisions to fill cracked or detracted pipelines

500-2 SUBMITTALS

Submittals Required With The Bid:

Working Knowledge of the Scope of the Project, Submittal:

Name of person that inspected the job site and reviewed the CCTV video and log sheets (if available).

Manufacturers Material Certification, Submittal:

1. Copy of third party GREENBOOK chemical resistance test results (Pickle Jar Test) 210-

2.3.3 for each of the selected lining materials proposed.

2. Certification from manufacturer that the formulation has not changed since the chemical resistance testing was completed.

Product Trade Name, Submittal:

Submit the trade name of the selected process to complete this project.

Product Manufacturer, Submittal:

Submit copy of the manufacturer’s literature, material data sheets, and installation procedures.

Manufactured flattened or folded, plastic pipe liner supplier shall provide the pipe manufacturers company name, address, date of inspection, and, names of GREENBOOK committee review team that reviewed the quality control procedures and inspected the manufacturing facilities.

Submittals due at the pre-construction meeting
Cured-in-Place Material, Submittal:

A copy of an infrared spectrum analyses chart for the vinyl ester or epoxy resin proposed. This will be used to match field sample test results from each installation.

1. Submittals required before each installation of pipe

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Factory manufactured PVC pipe, Submittal:

Test results on each coil of pipe shall include all required testing results per the following GREENBOOK sections:

1. Folded and Re-Formed plastic pipe liner 500-1.10.2 (c) or 500-1.10.3 (c) Cured-in-Place Pipe, Submittals:

1. Manufacturers certification and test results that manufactured Cured -in-Place felt tubes meet the requirements of ASTM F1216-93 and meet the minimum strength requirements of ASTM D5035-95

2. Manufacturers certification and test results that the vinyl ester or epoxy resin meet t he physical requirements of the GREENBOOK table 500-1.1.4.2

3. The calculations for the quantity of resin required for each wet out shall be submitted and approved by the Engineer prior to wetting out the liner.

4. A copy of the wet out log sheet, including t he date, and the wet out supervisor s name.

This wet out log shall be certified by a registered California Engineer.

Samples for testing required at the end of each installation

1. A restrained test sample per specifications
Material Test Results required 30 days after installation Material test results from installation restrained test samples to verify compliance with the values specified.

500-4 PIPELINE POINT REPAIR AND/OR REPLACEMENT

500-4.3 Sewer Bypassing and Dewatering: Additional work to repair any damage to the pipe lining system caused by failure of the bypassing system shall be the Contractor’s responsibility

500-5 LINING

500-5.5 Cured-In-Place Pipe (CIPP) Liner

500-5.5.1 General: The Contractor shall obtain a permit from the wastewater treatment agency for the curing water. Permit for discharging curing water shall be obtained by the Contractor from the Industrial Waste Division. The curing water must be cooled to meet the discharge agencies’ standards before releasing the flow.

500-5.5.2 Material Composition and Testing: The side of the liner exposed to the sewer flow after inversion is completed shall have a layer of polyurethane bonded to it, with a minimum thickness of 0.01 -inch and shall be pinhole free. All seams and pat ches in the polyurethane coating shall be inspected under a black light. The tube shall be put under a vacuum at the factory and submerged in a die bath to verify that it is pinhole free.

The felt tube shall be continuous and of sufficient length to extend the entire reach (from entry to end or exit point) to be rehabilitated. No joints or laps will be permi tted between maintenance

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holes.

The factory test results for each batch of resin shall be submitted to the engineer before installation.

(Replace the last paragraph with the following.):

Testing of the installed CIPP liner is required for this project.

1. One 2-foot long sample shall be cut from each section of the pipe liner that has been inserted through a same diameter pipe mold, at the downstream and any intermediate maintenance holes in accordance with ASTM F 1216 Sections 8.1.1 and 8.1.2. A minimum of one sample shall be taken for each installation of pipe liner. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter and written verification by the onsite inspector.

2. The sample shall be checked by the inspector using ASTM D 2122 -90 #7 to verify the minimum water way wall thickness specified in table 500-1 .1.1. (A)

Each sample shall be submitted by the Engineer to an independent testing laboratory for Infrared spectrum analysis comparison testing. This test result will be compared against the infrared spectrum analyses chart submitted at the pre construction conference to verify that a vinyl ester or epoxy resin was installed. All costs for this testing shall be paid for by the Contractor and included in the bid price. (Test lab Harlan & Assoc. 11

3. Duboise Ave. San Francisco, CA 94103 -1228 (415) 621-7245 or other l ab approved by the Engineer).

4. The physical properties of the installed CIPP liner shall be verified through field sampling and independent laboratory testing as approved by the Engineer. The samples shall be submitted to an independent testing labora tory and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of the standard specifications section 500-5.5.2.

5. Resin cure quality shall be tested per ASTM F1216 a D 903 delamination te st shall be preformed for each inversion.

6. All costs for the above testing shall be paid for by the Contractor and included in the bid price.

7. Test results are due within 30 calendar days from the date the samples were taken. The Contractor shall be responsible for repairing non -compliant pipe liner in accordance with section 500-5.5.8 of the SSPWC. The Engineer may grant a time extension for this repair.

500-5.5.4 Chemical Resistance Testing: Proof of meeting these requirements shall be submitted with the Contractor’s bid.

500-5.5.5 Installation: The quantity of resin used for tube impregnation shall be sufficient to fill the volume of air voids in the tube with additional allowances for polymerization shrinkage, stretching during installation and loss of resin through cracks and irregularities in the host pipe.

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The calculations for the quantity of resin required shall be submitted and approved by the engineer prior to wetting out the liner. A roller system shall be used to unifo rmly distribute the resin throughout the tube. The gap in the rollers shall be verified every 50 feet.

The Contractor shall use either an end-stop or hold-back mechanism to prevent the felt tube from extending into conduits that are not to be rehabilitated.

500-5.5.6 Curing: The heat source shall be fitted with monitors to gauge the temperature of the incoming and outgoing water supply. Another such gauge shall be placed between the impregnated liner and the existing pipe invert at the remote maintenance hole to determine the temperature during cure.

The time required to cure is a function of the pipeline section diameter and length and shall be determined by the Contractor in accordance with the lining manufacturer’s instructions. The Contractor shall be responsible for determining when curing has been accomplished to meet the specified properties. Care shall be taken during the elevated curing temperatures so as not to over stress the fiber felt liner.

The cured liner shall have a smooth finish inside. Any roughness that may affect the hydraulic conditions shall be removed by sanding or trimming the “fins” or folds. The Contractor may either apply a sealant compatible with the material to areas where sanding has taken place or reline from maintenance hole to maintenance hole as approved by the Engineer.

500-5.5.7 End Seals: After installation the ends of the liner shall be cut off at the maintenance hole. The cuts shall be smooth and parallel with the maintenance hole wall. The finished liner shall not protrude into the maintenance hole over 2 inches.

If the maintenance hole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined.

500-5.10 Folded and Re-Formed PVC Pipe Liner

Subsection 500 -5.10.2 (c) - Material and Equipment Acceptance (add to the end of second paragraph):

The factory test results for each coil of pipe shall be submitted to the Engineer before installation.

Subsection 500 -5.11.5 - Chemical Resistance and Ph ysical Testing (modify the last sentence of the paragraph as follows):

Proof of meeting these requirements shall be submitted with the Contractor’s bid.

Subsection 500-5.10.3(f) - Installation and Field Inspection (replace the last paragraph with the following):

Testing of the installed PVC liner is required for this project.

1. Before installation the pipe coils shall be checked by the Engineer using ASTM D 2122 - 90 #7 to verify compliance with the minimum wall thickness in table 500-5.1.1. (A).

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2. Before each installation the Contractor shall measure the OD of the liner pipe and the ID of the host pipe to verify that the liner will fit tightly and is not too small or to large.

3. One 2-foot long sample shall be cut from a section of the pipe liner that has been inserted through a same diameter pipe mold, at the upstream, downstream, intermediate, or above ground maintenance hole. One sample shall be taken for each 1,200 feet or fraction thereof of pipe with a minimum of two (2) samples. The samplin g location(s) shall be designated by the Engineer. The samples shall be tagged with information including, but not limited to, the location of sample(s), date, pipe diameter, and written verification by the onsite inspector.

4. The physical properties of the installed PVC liner shall be verified through field sampling and laboratory testing as approved by the engineer. The samples shall be submitted to a testing laboratory and tested in accordance with ASTM D 638 and ASTM 790 to confirm that the pipe liner conforms to the minimum requirements of the standard specifications section 500-5.10.2 (B) or 500-5.10.3. (B)

5. Pipe quality shall be verified through testing per ASTM F 1504 an F 1057 heat reversion test shall be performed on each test sample.

6. All costs for testing shall be paid for by the Contractor and included in the bid price.

7. Test results are due within 30 calendar days from the date the samples were taken. The contractor shall be responsible for repairing non -compliant pipe liner in accordance w ith section 500-5.10.9 of the SSPWC. The Engineer may grant a time extension for this repair.

500-5.10.4 End Seals: After installation, the liner shall be cut off in the maintenance hole. The cut shall be smooth and parallel with the maintenance hole wall. The finished liner shall not protrude into the maintenance hole. The contractor shall cut off the liner as close to flush with the maintenance hole as possible.

If the maintenance hole has been lined through, the top half of the liner pipe may be cut off even with the top of the shelf leaving the channel lined.

500-8 SERVICE CONNECTION RE-ESTABLISHMENT

Protruding laterals: The Contractor shall assume that there are no protruding laterals unless it is noted in the special provisions, CCTV video or log sheets made available to the Contractor before the bid opening. Prior to insertion of the liner, the contractor shall cut off interfering identified protruding laterals as close to the flush with the pipe interior as practicable.

The Contractor shall pay for all costs for required point repairs or excavation made for the service connections that are found plugged by the rehabilitation process.

To prevent maintenance problems such as roots, infiltration, exfiltration, or loss of backfill material into the newly lined pipe, all plugged service connections identified in the prelining videotape shall not be opened unless specifically directed by the engineer in the special provisions.

The lateral opening cuts shall conform to the shape and size of the inside diameter of the existing

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service connection.

All final lateral cuts shall be finished off with a wire brush to remove chips, strings, and curlicues to provide a smooth opening.

Service connections shall not be made until the liner pipe has stabilized. The use of mechanical restraining devices (such as red heads) that will restrict the pipe from completely stabilizing will not be allowed.

Lateral cut coupons shall be trapped and removed at the downstream manhole after the laterals have been opened. The Engineer will deduct up to fifty dollars for each lateral cut coupon two inches or larger left inside the sewer system.

Visible gaps 1/8 of an inch or larger between the outside liner waterway and the host pipe at the cut service connection wil l be sealed at the contractor’s expense using the following service connection sealing methods:

Method 1: Shore and excavate to expose the connection, use approved sealant to caulk the circumference of rehabilitation pipe to host pipe joint, seal the service connection to the host pipe with acid-resistant epoxy/resin mortar and backfill. The epoxy/resin mate rial shall have proof of having passed the same chemical resistance test as the pipe liner materials.

Method 2: Robotic-access repair. Isolate the service connection to prevent unintended migration of grout. Pressure injects grout to seal the connection , annulus, broken joints, cracks, and etcetera. A resin or Grout mix: Portland cement, fly ash, water reducer and plasticizers to yield 2,000-psi compressive strength at 28 days. Pressure injects grout until 0.25 cu. ft. is injected for pipe 12 inches or less and a gage measured at the service connection is maintained for five minutes without grout take. If the grout isolation system fails or is ineffective, use Method 1 to seal all remaining connections. Remove errant grout that restricts full, laminar flow from the service connection or pipe liner.

If the end of the liner pipe in the maintenance hole shrinks back inside the pipe during the warranty period the pipeline shall be re-televised by the Contractor. Any service laterals connections that have slipped or are offset shall be repaired by ether method 1 or 2 specified above as approved by the Engineer. No extra compensation shall be paid for this.

1. Sanitation Facilities
A clean portable unisex sanitation facility with a light shall be provided at each of the CCTV, cleaning, lining, and lateral cutting job sites for use by the Contractors crews, City Inspector, and Engineer.

2. Bypass pumping
Bypass pumps sized to adequately handle the flow and hoses shall be set up for every run.

The bypass shall be set up and run prior to the pre -lining CCTV inspection and continued throughout the entire lining process, lateral cutting, and not shut down until after the post - lining CCTV inspection is completed.

A spare pump of equal size and power to the one required to adequately handle the flow and extra fuel to operate eight hours shall be onsite as a backup for every bypass to prevent a sewer spill.

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3. Air testing of the installed Liner.

After the liner is installed and before the laterals are cut the installed liner pipe shall be air pressure tested per GREENBOOK Section 306-7.8. The air pressure shall be stabilized at 5-psi gauge pressure. The pressure shall be held for a time specified in Table 306-7.8.2.4 to the pipeline length with 0 feet house connections. The pressure shall not drop to less than 4-psi gauge pressure after testing to the time specified.

If the time lapse is less than shown in the table, the Contractor shall make the necessary corrections to the liner pipe to reduce the leakage to acceptable limits and retest.

Add Section 500-13 to the Standard Specifications:

500-13 HANDLING

The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated felt tube liner shall be vacuum impregnated prior to installation. The Contractor shall allow the Engineer to inspect all materials and procedures. T he Contractor shall pay all inspection costs required for this wet out process and shall include this cost in the bid price.

SECTION 502 MANHOLE AND STRUCTURE REHABILITATION

Manhole lining material shall be of the type and kind approved by the Orange County Sanitation District (OCSD) and shall comply with Section 500 of the Standard Specifications for Public Works Construction “GRE ENBOOK” and its Supplements, 2021 or latest edition, and need to be approved by the City Engineer, and these Special Provisions.

Epoxy Lining System in compliance with Section 500-5.4 shall be used

Resurfacing of all uneven surfaces to a smooth finish shall be completed in ac cordance with Subsection 502 -4 Repair Resurfacing and Active Infiltration, p rior to application of the lining system.

502-2 SUBMITTALS
Submittals Required With The Bid:

1. Working Knowledge of the Scope of the Project, Submittal: Name of person that inspected the job site and the condition of the maintenance manholes to have lining repairs.

2. Manufacturers Material Certification, Submittal:

a. Copy of third party GREENBOOK chemical resistance test results (Pickle Jar Test) 210-2.3.3 for each of the lining materials proposed.

b. Copy from the liner material manufacturer’s certifying that the formulation of the liner has not changed since the lining material was

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tested per the current version of the (Pickle Jar Test) 210-2.3.3.

3. Product Trade Name, Submittal: Submit the trade name of the process, or process proposed to complete this project.

4. Product Manufacturer, Submittal : Copy of the manufacturer’s literature, material data sheets, and installation procedures.

5. Protective Lining Material Suppliers 5 Year Warranty, Submittal: A copy of the protective lining material manufacturers written 5 year protective lining material warrantee complying with the Warranty Section of these Special Provisions.

6. Protective Lining Contractors 5 Year Workmanship Warranty, Submittal:

A copy of the Contractors written 5 year protective lining installation workmanship warranty complying with the Warranty Section of these Special Provisions.

7. Reference Submittal: County Sanitation District approval letter, Reference List and approval l etters of other “major” agencies who have used and approved the product.

8. Workers’ Compensation Experience: Submit your Workers’ Compensation Rating Form from the WCIRB California.

502-3 CLEANING, SURFACE PREPARATION AND INSPECTION

Surface preparation shall be provided for the interior of every manhole where lining repair is needed, including shaft.

Repairs with rapid setting repair mortars compatible with liner shall be provided for the interior of every manhole including shaft, prior to the manhole being lined. Contractor shall apply epoxy coating 16” below the top of the sewer manhole.

1. Repair method for interface of Epoxy & Epoxy or Epoxy & Polyurethane:

Contractor shall provide 4” overlap at repair interface. The overlap is included in the 16” epoxy coating.

2. Channel and Shelf/Bench Rebuilding

Concrete channel and shelf areas shall be brought back to their original dimensions using cement mortar. Shelves or benches shall be finished with a hand trowel to provide a smooth and uniform width channel.

3. Channel and Shelf Spray Applied Coating

After the manhole wall lining is completed the shelves shall be coated with epoxy lining system, per applicable section 502-5.4, from the bottom six inches of the manhole wall lining to the top of the channel. The minimum thickness shall be 125 mils. All exposed concrete above the low flow

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line shall be covered. The coating thickness shall be verified during installation by use of a wet mill gauge.

4. Water Tightness before Lining

After surface preparation and prior to concrete repair, the Contractor shall stop all active leaks in the existing structure. The method of stopping these leaks shall be by injection of chemical grout as approved by the Engineer. Chemical grout shall be 3M 5610 or equal. All grouting will be performed in accordance with NASSCO Specifications, (Refer to 10th edition, 2000 NASSCO Specification on manhole sealing, page 216, Section 3). Grouting if required by the Engineer shall be paid for on a time and material basis.

5. Finished Diameter of the Maintenance Hole

The finished inside diameter of the manhole shall be not less than 1 inch of the original inside diameter of the Maintenance Hole to preserve the maximum working area for mai ntenance equipment and worker safety.

6. Final Inspection Spark Testing

The finished Protective liners will be 100% spark tested for pinholes with a s park tester set at minimum of 15,000 volts. All areas in question shall be marked and patched. These patched areas shall be retested with the spark tester set at 15,000 volts.

Add Sections 503 to the Standard Specifications:

SECTION 503 COMPOSITE UTILITY ACCESS FRAMES AND COVERS
Composite utility access cover and frames shall be manufactured in the United States of America.

Composite utility access covers and frames shall consist of a fiber reinforced polymer (FRP) matrix consisting of between 45% to 70% fiber reinforcement by we ights. Fiber reinforcement shall consist of fiberglass, carbon, aramid, basalt and/or hybrid chemical composition. The finished product will inherently feature strength to weight ratio of 750:1. All products shall be audited by an Independent Third Party.

Composite utility access covers and frames must be of a weight that is safe for one individual to handle. Covers and frames must also contain a surface feature that facilitates easy removal and product handling. Covers should also contain a locking feat ure or mechanism that retains the cover to the frame. Composite utility access covers and frames will be tested to ASTM Standard C1028 – finished products will feature a skid slip ratio of 0.6 in both wet and dry applications.

Product shall meet AASHTO M306-05 H-20 & H-25 EN 124 D400 load rating.

Frames and covers shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface. Manhole lining repairs and spark testing shall be done for the existing lined manholes where specified in the bid items. Contractor shall dispose of the removed access frames and covers and debris from removal.

Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.

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Construct 12” Portland cement concrete collar (560-C-3250 concrete) around manhole cover and frame. Circular collar in paved areas, manhole shall be raised to grade and concrete collar poured after final surface course is placed. See City of Buena Park Standard STD-505 and STD-510 for additional information.

PRODUCTS:

1. GMI Composite Cover, 2600 Series Frame and Cover, with TwistLIFT Lock manufactured by Titus Industrial Group, Inc.

2. Or approved equal. Any substitutes shall be approved by the Engineer.

Add Section 504 to the Standard Specifications:

SECTION 504 SEWER MANHOLE FRAME AND COVER
Replacement of sewer manhole covers shall comply with City of Buena Park Standards STD-505 and STD-510.

Existing frames shall be adjusted to grade with materials of the same kind or quality as those in the original structures and in accordance with the Standard Specifications. After the frame has been removed from the top of each structure, it shall be cleaned to provide a suitable foundation for the new liner material. The existing frames and covers shall remain the property of the City of Buena Park.

Frames shall be set to the grade in the immediate area. The area around the frame and cover shall be filled with paving materials, the surface of which shall conform to the grade of the finished surface.

Manholes and sewer lines must be cleaned of any debris that is dropped into the manhole.

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PART 6:

TEMPORARY TRAFFIC CONTROL

Unless otherwise noted, the provisions below shall supplement those provisions in Part 6 of the Standard Specifications.

SECTION 600 ACCESS

600-1 GENERAL

All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular and pedestrian traffic.

The Contractor shall be responsible for the protection of all modes of transportation until the Work called for in the Contract Documents and as directed by the Engineer is complete.

Access to properties shall be maintained at all times during construction. Temporary drive approach ramps constructed of recycled materia ls or temporary asphalt (12" minimum width) shall be installed as approved by the Engineer.

SECTION 601 TEMPORARY TRAFFIC CONTROL FOR

CONSTRUCTION AND MAINTENANCE WORK ZONES

601-2 TEMPORARY TRAFFIC CONTROL PLAN (IF APPLICABLE)

All Work shall require maintenance and control of traffic during the construction period. The Contractor shall provide a detailed Traffic Control Plan (“TCP”) for all phases of construction for review and shall conform to the Standard Specifications, General Provisions, Special Provisions, the latest edition of the California Edition of the Manual on Uniform Traffic Control Devices (“MUTCD”), the latest edition of Caltrans Standard Specifications and the latest edition of Caltrans Standard Plans and must be approved by the Engine er before construction. The TCP shall be prepared under the supervision of and signed and stamped by a California -registered Professional Civil Engineer or a Traffic Engineer, as determined by the Engineer.

The TCP shall be drawn to a 1 -inch = 40 feet sc ale on either 11 x 17 inches or 24 x 36 inches plan sheets as dictated by the length of the Work. The TCP shall cover signing, flagging, detour, geometric, delineation and channelization, barriers and barricades, separation of opposing traffic streams, an d hours of flash operation at signalized intersection(s). The Contractor shall not commence work before receiving an approved TCP. Any delay in acquiring TCP approval will be at the Contractor’s expense and no additional Working Days will be granted.

For construction in the vicinity of a school, the Contractor shall contact the School District, obtain a school schedule and school circulation plan, and incorporate information into the Project’s schedule and traffic control, such that within one thousand (1,000) feet of the appropriate school district(s) on routes serving the school for student arrivals and departures are not impacted

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between one (1) hour before and one-half (1/2) hour after the school day start time and one (1) hour before or one-half 1/2) hour after school day end time.

Add Subsection 601-2.3 to the Standard Specifications:

601-2.3 Work Area Traffic Control:

Lane closures shall conform to the requirements of the Work Area Traffic Control Handbook (WATCH Manual) and the traffic control plans for the project. At the close of each working day access to private property and cross streets shall be provided. All signs shall conform to and be placed in accordance with current City, State Standards and approved traffic control plans and as directed by the Engineer. Delineators shall be single column 42” plastic type with reflective sleeves. Barricades shall have flashers.

Clearances from traffic lanes shall be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

When entering or leaving streets, the Contractor's equipment, whether empty or loaded, shall in all cases yield to traffic.

Flagmen and guards, while on duty and assig ned to give warning to the public that an area is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment by the Contractor in accordance with t he current "Instructions to Flagmen," contained in the State of California, Department of Transportation, Traffic Manual. The equipment shall be furnished and kept clean and in good repair by the Contractor at the Contractor’s own expense. Signs, lights, flags, and other warning and safety devices shall conform to the requirements set forth in the current "Manual of Warning Signs, Lights and Devices for Use in Performance of Work Upon Highways." Contractor shall provide solar-powered battery, sequential arrow boards for all lane closures per the traffic control plan of this contract.

The Contractor shall provide and maintain all signs, barricades, pedestals, flashers, delineators, and other necessary facilities for the protection of the motoring public w ithin the limits of the construction area. If any traffic control facilities are damaged, displaced or are not in an upright position from a cause, said cones or portable delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor. The Contractor shall also post proper signs to notify the public regarding detours and the condition of the street, all in accordance with the provisions of the Vehicle Code and the current State of California Manual on Uniform Traffic Control Devices (MUTCD) . Covering of signs and signal heads shall be accomplished by using burlap sacks only; no taping will be allowed. The base material of construction area signs shall not be plywood.

Portable delineators shall be spaced as necessary for proper delineation of the travel way. The length of taper for each lane width of closure shall be per the California Work Area Traffic Control Handbook (WATCH) manual.

Upon completing each phase, the Contractor shall immediately remove all temporary devices associated with the traffic control from the job site while restoring all pre-existing devices to their original condition.

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The Engineer shall have the authority to order field changes for alleviating potentially hazardous and/or traffic congestion-causing conditions, at no cost to the City.

PART 7:

STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

Unless otherwise noted, the provisions below shall supplement those provisions in Part 7 of the Standard Specifications.

SECTION 701 CONSTRUCTION

701-4 DAMAGE TO EXISTING SYSTEMS

The Contractor is to take special note of existing traffic signal detectors, conduits, pull boxes and other electrical facilities that are located in the proposed construction areas.

The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electric al facilities before using any tools or equipment that may damage or interfere with such facilities. The Contractor will be held responsible for any damage to the facilities and claims related to damage caused by his operations. Said costs and/or claims will be deducted from any moneys due to or to become due to the Contractor.

The cost of any temporary systems, which becomes necessary due to damage of existing facilities or the convenience of the Contractor, shall be at the Contractor's expense and no compensation will be allowed therefore.

Add Subsection 701-17.6.7 to the Standard Specifications:

701-17.6.7 DETECTORS

All limit line detector loops shall be able to detect the Reference Bicycle Rider (RBR) per the requirements of Revision 3 to the 2014 (or Latest Edition) California Manual on Uniform Traffic Control Devices (CA MUTCD) Section 4D.105(CA).

Limit line detector loops shall be Caltrans Type D per Caltrans 2018 (or Latest Edition) Standard Plan ES -5B. All other detector loops shall be Caltr ans Type E per Caltrans 2015 (or Latest Edition) Standard Plan ES -5B. Installation of all detector loops shall be per Caltrans 2015 (or Latest Edition) Standard Plan ES-5A and ES-5B.

Prior to project acceptance, all loops shall be megger-tested from the controller cabinet to verify continuity of all splices as well as inductance of loops. Continuity tests and reading shall be documented and witnessed by the City Traffic Engineer or their representative. Bicycle loops

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shall be tested to detect the RBR with 95% accuracy within a 6 foot by 6 foot limit line detection zone. This RBR testing shall require the Contractor to provide a bicycle and rider matching the definition of the RBR. Full compensation for testing costs shall be considered as included in the contract bid prices for various items of work, and no additional compensation will be allowed.

For reference, Revision 3 to the 2014 (or Latest Edition) CA MUTCD defines the Reference Bicycle Rider as: “a minimum 4 feet tall person, weighing minimum 90 lb, riding on an unmodified minimum 16 inch wheel bicycle with a non -ferromagnetic frame, non -ferromagnetic fork and cranks, aluminum rims, stainless steel spokes, and headlight.”

PART 8:

LANDSCAPING AND IRRIGATION

Unless otherwise noted, the provisions below shall supplement those provisions in Part 8 of the Standard Specifications.

SECTION 800 MATERIALS

Add Section 800-1.6 to the Standard Specifications:

800-1.6 Root Barrier

Where tree roots have been cut to repair curb and gutter, root barrier systems shall be installed where indicated on the plans at the discretion of the Engineer in accordance with the Orange County Public Works Standard Plan 1708.

These root barrier systems shall be constructed/ installed per manufacturer’s brochures/plans as approved in place by the Engineer or his designee prior to covering each site and replacing soil, landscaping irrigation, grass, etc.

General Contracting / Development / Project Management

March 12, 2025

City of Buena Park
Attn: Mr. Jaden Miller, P.E.
6650 Beach Blvd.

Buena Park, CA 90621

PROJECT: On-Call Emergency Sewer Repair Services

Dear Mr. Miller,

Big Ben Engineering Inc. is pleased to submit this proposal in response to the On-Call Emergency Sewer Repair Services project. Our proposal is based on a thorough understanding of the City's requirements and the scope of work involved.

With a proven track record of successful projects in Southern California and extensive experience working with public entities, Big Ben Engineering is well-equipped to meet the City's needs. We currently partner with several cities to address their emergency sewer and water needs. Our main staging yard in the City of Orange allows us to respond to emergencies promptly and efficiently.

Additionally, our team possesses in-depth knowledge of all aspects of sewer repair and installation. We are confident that we would be a valuable asset in assisting the City with any emergency situations.

Thank you for the opportunity to submit our proposal. We look forward to the possibility of continuing our work with you and the City of Buena Park. Please do not hesitate to contact me if you have any questions.

Sincerely,

Sep Sharifi

CEO

4 7 9 0 I R V I N E B L V D . # 1 0 5 - 4 0 4 , I R V I N E , C A 9 2 6 2 0 P H O N E : ( 9 4 9 ) 6 6 0 - 9 4 0 0 • F A X : ( 9 4 9 ) 3 3 3 - 3 6 7 2 BBBiiiggg BBBeeennn EEEnnngggiiinnneeeeeerrriiinnnggg 2 Personnel Qualifications

Key personnel for this project will included the following:

Sep Sharifi (CEO): Over 20 years’ experience in pipeline and public works construction

Art Dominguez (Superintendent): 30+ years’ experience in all wet underground utilities.

Sergio Avina (Forman): 25+ years’ experience in all wet underground utilities.

Cesar Garcia (Forman): 30+ years’ experience in all wet underground utilities.

BID QUESTIONAIRECompliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety1.NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.YesNotion about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision.2. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citationand the Appeals Board has not yet rules on your appeal, or if there is a court appeal pending, you need not include information about the citation.YesNo.3. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contactor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet rules on your appeal, or if there is a court appeal pending, you need not include information about the citation.YesNo.4. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project?_______________ ___________________________________________________5. Lisinsurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm.Current year: _______Previous year: ______________Year prior to previous year: _________ Weekly1.081.121.22 If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation.6. Within the last five years has there ever been a period when your firm had employees but was or state-approved self-insurance?YesNocompensation insurance carrier that verifies periods of workers compensation insurance coverage for the last five years. (If your firm has been in the construction business for less continuous insurance coverage for the period that your firm has been in the construction business.)Prevailing Wage and Apprenticeship Compliance Record7. Has there been more than one occasion during that last five years in which your firm was prevailing waprevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.YesNoidentifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of the back wages and penalties that you were required to pay.8. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federalDavis-Bacon prevailing wage requirements?YesNoidentifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of the back wages you were required to pay along with the amount of any penalty paid.9. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprenticeson public works? NOTE: You may omit reference to any incident that occurred prior to .YesNoyes,findings, and attach copies of thedecision(s).

Project Name / AddressContact
Person Owner SCOPE of WORK Total Contract
Amount Completion
Taft Branch
Improvements
(Orange, cA)
Dickie
Fernandez
949-966-8541
Orange County
Sanitation District
11,000 LF of 18" and 21| VCP Sewer
Main and Street Improvements $ 20,549,487.00 05/26
Palm Avenue
Infrastructure
Lucilla
Martinez
562-567-9527
City of Whittier
6,000 of Sewer Main
6,100 Water Main
Complete Street Rehab
$ 8,300,000.00 01/25
Edinger Ave. Sewer
Improvements
John Dettle
714-536-5509
City of Huntington
Beach
2,500' of 12" and 15" VCP Sewer
Replacement.

Extensive Dewatering
$ 4,367,000.00 11/24
Emegrency Sewer
Replacement
Luanne Bean
951-377-1566City of ComptonRemove and Replace 2,600' of 8" PVC Sewer Main $ 1,400,000.00 04/24
Annual Sewer
Replacement Project
Sal Munoz
714-453-7928 City of Orange
6,100 LF of 8" VCP; 1,200 LF of
18" VCP Sewer Main Replacement
1,000 LF of 24" RCP Storm Drain
$ 3,100,000.00 10/23
Willard Neighborhood
Improvements
Ed Torres
714-719-0013City of Santa Ana
3,000 PVC Watermain, 3,000 VCP Sewer
Main, 100 Water services and Street
Improvements
$ 3,200,000.00 08/23
Lincoln Ave. Water and
Sewer Improvements
Robert Aguirre
714-647-5051City of Santa Ana
2,000 LF of new Sewer and Water Main
and Street Improvements
Install Contech CDS Unit
$ 1,500,000.00 12/22
Valley Blvd. Sewer
Improvements
Chris
Marquardt
760-201-3479
City of Alhambra 2000' of 50" VCP Sewer Main
15' - 21' Deep $ 2,500,000.00 10/21
Annual Sewer
Replacement Project
Kevin
Yamakawa
714-744-5553
City of Orange 3300' New VCP Sewer Main $ 1,100,000.00 10/21 Big Ben Engineering RECENT SEWER Work Reference
Glenwood-Baker Sewer
Upgrade
Mike Ortiz
714-615-0892
City of
Santa Ana
1500' of 10" PVC Sewer Main
10' - 12' Deep $ 900,000.00 06/21
Commonwealth Ave.

Improvements
Jose Medina
714-738-6863 City of Fullerton 2500' of 10" VCP Sewer
10'- 12' Deep $ 4,500,000.00 04/21
North Hills Water & Street
Replacement Project
Chris Baca
310-502-6335 City of Brea 1000' of 12" VCP Sewer
15' - 19' Deep
$ 5,200,000.00 05/21
Walnut Ave. Street
Improvements
Youichi
Nakagawa
714-744-5572
City of Orange 2000' of 18" VCP Sewer
9' - 12' Deep
$ 1,700,000.00 10/20
Sewer Main Repair
Project
Anthony
Reynoso
714-412-1116
City of Fullerton Various Sewer Repair Projects
Manhole 22' Deep $ 250,000.00 Ongoing
OWNER Contact Person SCOPE
City of Fullerton Andrew Grajeda
714-412-1150 Water
City of Fullerton Tony Reynosa
714-412-1116 Sewer
City of Glendora Jason Forsberg
626-733-6507 Water
Yorba Linda Water DistrictDanielle Logsdon
714-981-0196 Water/Sewer
City of Santa Ana Kathia Reyes
714-647-3319 Water/Sewer/Storm Drain
City of La Palma Jake Chavira
714-690-3313 Water
Golden State Water Ryan Lee
909-305-5428 Water
City of Anaheim Jake Hester
714-713-2975 Water/Sewer
City of Sierra Madre Steven McGee
626-833-4414 Water/Sewer
City of Buena Park Mina Mikhael
714-562-3672 Water
Big Ben Engineering Emergency and MSA Contracts
Big Ben Engineering, Inc.
4790 Irvine Blvd. #105-404
Irvine, CA 92620
Standard Time
(per hour)
Overtime
(per hour)
Double Time (per
hour)
135.00$ 202.50$ 270.00$
135.00$ 202.50$ 270.00$
105.00$ 157.50$ 210.00$
103.00$ 154.50$ 206.00$
A/C Grinder w/ Broom 125.00$
Arrow board 15.00$
Blade 500.00$
Cement Mixer 10.00$
Compaction Testing 125.00$
Compactor 7.00$
Compressor 20.00$
Concrete/Asphalt Saw 15.00$
Concrete Finisher 100.00$
Dump Truck 110.00$
Excavator (140 – 270 Net HP) 130.00$
Excavator (80 – 125 Net HP) 75.00$
Hydraulic Breaker, Backhoe 30.00$
Jackhammer 20.00$
Loader Backhoe (70 – 99 Net
HP) 70.00$
Loader Backhoe (100 – 129
Net HP) 60.00$
Pneumatic Tools 10.00$
Power Broom 25.00$
Saw Truck 150.00$
Dump Truck (Super 10) 125.00$
Skid Steer Loader 35.00$
Skip Loader 45.00$
Street Sweeper 175.00$
Test Pump 30.00$
Trench Plates 175.00$
Tool/Service Truck 35.00$
Vacuum Truck 550.00$
Vibra Plate 10.00$
Whacker Walk Behind Roller 20.00$
Wheel Loader (2 – 3 yards) 50.00$
Water Pump 5.00$
Water Truck 40.00$
Zipper (asphalt trencher) 40.00$
Company Name
Name Sep Sharifi
Title President
Date 01/01/2025
*** Rates for 2025 Only (Rates subject to increase for each year after.) Big Ben Engineering
Pipe layer
Laborer
Base Equipment (Owned) Per Hour
Labor and Equipment Rate Sheet
(BIG BEN 2025)
*Ovetime multiplier shall be applied
to hourly rates only
Base Labor
Superintendent/Foreman
Operator
1/1

Issued: Monday, March 3, 2025

CITY OF BUENA PARK
Department of Public Works

Addendum No. 1

ON-CALL EMERGENCY SEWER REPAIR SERVICES

Note the following notes/changes:

Bond Requirements
 The selected Contractor will be required to provide the proof of ability to obtain payment and performance bonds for each Work Order up to 100% of the maximum Contract of $300,000, as further specified in the Contract Documents.
o Payment and Performance Bonds. For Work that will cost more than $25,000 on public works projects, the City will request in the task order that the Contractor post payment and performance bonds. The cost for the payment and performance bonds must be included as a separate line item in any quote submitted by the Contractor.

By: __________________________
Mina Mikhael, P.E.

Director of Public Works/City Engineer

I (We) the undersigned hereby acknowledge that I (We) have received Addendum No. 1 as issued on Monday, March 3, 2025, and that all changes, additions, deletions, clarifications and corrections specified herein have been incorporated into my bid.

THIS ACKNOWLEDGMENT MUST BE SIGNED BY THE CONTRACTOR AND RETURNED WITH THE PROPOSAL.

_______________ ________________________________________ Date: Contractor/Title
03/11/2025
Big Ben Engineering
Sep Sharifi (CEO)

-i-

CITY OF BUENA PARK

COUNTY OF ORANGE

STATE OF CALIFORNIA

CONTRACT DOCUMENTS

ON-CALL EMERGENCY SEWER REPAIR

SERVICES

PROJECT NO. N/A
BID NO. N/A
APRIL, 2025

Prepared under the Supervision of:

Mina Mikhael, P.E.

Director of Public Works/ City Engineer

Recommended by:

___________________________
Deepthi Arabolu, P.E., T.E.

Assistant City Engineer
R.C.E. 75742
Approved by:

____________________________
Mina Mikhael, P.E.

Director of Public Works/City Engineer
R.C.E. 84166

-ii-

TABLE OF CONTENTS

CONTRACT………………………………………………………………………….................... C-1

PAYMENT BOND (LABOR AND MATERIALS)……………………………………………….. C-10

FAITHFUL PERFORMANCE BOND…………………………………………………………… C-12

WORKERS’ COMPENSATION CERTIFICATE OF INSURANCE………………….………. C-14

PROGRESS PAYMENT SIGNATURE AUTHENTICATION…………………………………. C-15

ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY……………………………………………. C-16

ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY…………………….. C-18

ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY…………………………… C-20

SPECIAL PROVISIONS………………………………………………………………………. SP-1

PART 1: SPECIAL PROVISIONS DEFINED…………………………………. SP-1

SECTION 1. TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF
MEASURE, AND SYMBOLS………………………………………….. SP-1

SECTION 2. SCOPE AND CONTROL OF THE WORK…………………………… SP-5

SECTION 3. CONTROL OF THE WORK…………………………………………… SP-8

SECTION 4. CONTROL OF MATERIALS…………………………………………... SP-14

SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES……………………. SP-15

SECTION 6. PROSECUTION AND PROGRESS OF THE WORK………………. SP-21

SECTION 7. MEASUREMENT AND PAYMENT…………………………………… SP-26

SECTION 8. FACILITIES FOR AGENCY PERSONNEL………………………….. SP-27

SECTION 9. ADDITIONAL TERMS………………………………………………….. SP-27

PART 2: CONSTRUCTION MATERIALS…………….. ……………………….. SP-31

PART 3: CONSTRUCTION METHODS………………………………………… SP-36

PART 4: EXISTING IMPROVEMENTS…………………………………………. SP-46

PART 5: PIPELINE SYSTEM REHABILITATION……………………………… SP-49

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PART 6: TEMPORARY TRAFFIC CONTROL…………………………………. SP-60

PART 7: STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM……………. SP-62

PART 8: LANDSCAPE AND IRRIGATION……………………………………... SP-63

C-1

CONTRACT

C-1

CONTRACT

CITY OF BUENA PARK CONTRACT FOR

ON-CALL EMERGENCY SEWER REPAIR SERVICES
“Project”

Project Number: N/A
Bid Number: N/A

This CONTRACT (“Contract”) is made and entered this 8th day of April , 2025 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City”) and Mike Prlich and Sons , Inc. , a California Corporation (“Contractor”). Contractor’s California State Contractor’s license number is 760474. The Contractor and the City are sometimes referred to herein collectively as the “Parties” and singularly as “Party.” In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of the following, each of which are attached hereto and incorporated herein by this reference:

A. This Contract;
B. The Request for Proposals (RFP) for On-Call Emergency Sewer Services issued by the City of Buena Park, dated February 20th, 2025;
C. The Contractor’s Bid Proposal for the City of Buena Park On -Call Emergency Sewer Repair Services, dated March 12th, 2025, (including documentation accompanying the Bid and any post-Bid documentation.

D. Any “Notice to Proceed” issued by the City to Contractor under the terms of this Contract;
E. The Contractor’s Payment and Performance Bonds for any scope of work that is described i n a Notice to Proceed issued by the City with a value in excess of $25,000;
F. The City of Buena Park’s Special Provisions for Public Works Projects, Latest Edition;
G. Any and all permits from regulatory agencies with jurisdiction issued for the Project; and
H. Any addenda or change orders for the Project approved by the City subsequent to the Effective Date of this Contract.

2. Scope of Services.
(A) At any time during the term of this Agreement, the City may issue to Contractor a “Request for Emergency Work Proposals” setting forth the on -call services needed by the City (“Request for Work”) and requesting that Contractor provide a written bid to the City in the form attached hereto was Exhibit “A” setting forth Contractor’s not -to-exceed bid t o perform the services described in the City’s Request for Work (“Letter Proposal”). Contractor shall provide a Letter Proposal to the City not later than 5 days following receipt of a Request for Work from the City.

C-2

(B) Within 5 days following receipt of a Letter Proposal from Contractor, the City may accept the Letter Proposal by issuing Contractor a “Notice to Proceed” which shall authorize Contractor to perform the services described in the Request for Work for the Compensation set forth in the Letter Proposal. Nothing in this Contract requires the City to accept any Letter Proposal from Contractor, issue any Notice to Proceed to Contractor, to pay Contractor any Compensation or consideration of any kind except as indicated in at Notice to Proceed issued by the City. (C) Contractor shall provide and perform the on-call emergency sewer repair services that are set forth in any Notice to Proceed issued under this Contract (collectively, the “Services”), all to CITY’s reasonable satisfaction. The Public Works Director is the task administrator for this Agreement (“Designate d Official”), and the Contractor shall provide the Services under the direction of the Designated Official (or his/her designee). The Contractor shall commence performance of the Services upon receipt of a written Notice to Proceed from the Designated Official authorizing the Contractor to proceed, and only to the extent of such authorization or task order. The City may, from time to time, request changes in the scope of services of the Contractor to be performed under this Agreement. Such changes shall be in the form of a written amendment to this Agreement signed by both Parties and shall include any additional compensation agreed to by the Parties.

3. Compensation. The Contractor shall perform the Services described in each Notice to Proceed at the direction of the City, and City shall pay Contractor in consideration for such Services on a time and materials basis as enumerated in the fee schedule included in the Notice to Proceed issue d by the City for each scope of Services . The maximum “NOT -TO-EXCEED” compensation amount, including reimbursement for expenses, if any, that the Contractor is entitled to receive pursuant to this Agreement shall equal to the total value of Notices to Proceed for Services approved by the City under this Contract. No claims for additional compensation shall be allowed unless authorized in advance by the City in writing. Any additional work or expenses authorized by the City shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate agreed to by the Parties.

4. Term of Contract: The term of this agreement shall commence on April 8, 2025 and shall remain in full force and effect until April 8, 2027. The Contractor agrees to complete the work to City’s satisfaction within the amount of working days agreed upon for each task order. The Contractor further agrees to the assessment of liquidated damages in the amount of FIVE HUNDRED DOLLARS ($500) for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the Contractor under this Contract.

5. Incorporation by Reference . All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

6. Insurance: The Contractor shall not commence work under this Contract until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor a llow any subcontractor to commence work on a subcontract until all insurance required of its subcontractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance:

C-3

A. Compensation Insurance.

1. Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the Contractor may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this Contract. Further such policy of insurance shall provide tha t the insurer waives all rights of subrogation against City and its elected officials, officers, employees, volunteers, and agents.

2. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment o f compensation to his employees.

Contractor, prior to commencing work, shall sign and file with the City, a certification 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 worker’s 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.”

B. General Insurance Requirements

1. Types of Coverage. Contractor shall maintain the following insurance coverage throughout the term of this Contract, and upon request Contractor shall show City evidence of such coverage, which may include visual inspection of all policies, copies of declarations page, endorsements signed by an authorized representative of the underwriting company, or certificates of insurance. Insurance coverage shall be provided in the following form:
a. Insurance Services Office Commercial General Liability coverage occurrence form number CG 00 01 11 85 or 88.
b. Automobile Liability insurance with coverage at least as broad as Insurance Services Office Form Number CA 0001 06 92 covering “Any Auto” (Symbol 1).
c. Workers Compensation insurance as required by the State of California and Employer's Liability insurance.

2. Minimum Limits of Insurance. Contractor shall maintain insurance coverage limits no less than:
a. 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, and shall contain specified language creating a duty to defend against any suit seeking damages. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

C-4

C. Deductibles and Self -Insured Retentions. Any deductibles and/or self -insured retentions must be declared to and approved by the City. At the option of the City, either:
the insurer shall reduce or e liminate such deductibles or self -insured retentions as respects the City, its officers, elected officials, employees, agents, and volunteers; or, the Contractor shall provide a financial guarantee satisfactory to the City, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions. The Contractor and City further agree as follows:

1. All insurance coverage and limits provided pursuant to this Contract shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Contract or any other agreement relating to the City or its operations limits the application of such insurance coverage. Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Contract.

2. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

3. For any claims related to this Project, the Contractor's insurance coverage shall be primary to any other similar insurance. Any insurance or self-insurance maintained by the City, its officers, employees or volunteers, shall be excess of the Contractor's insurance and shall not contribute with it.

4. The City, its officers, elected officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by o r on behalf of the Contractor and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

5. For purposes of insurance coverage only, this Contract will be deemed to have been executed immediately upon any party hereto taking an y steps that can be deemed to be in furtherance of or towards, performance of this Contract.

6. All general or auto liability insurance coverage provided pursuant to this Contract, or any other agreements pertaining to the performance of this Contract, shall not prohibit Contractor, and Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor waives its right of subrogation against City.

7. In the event any policy of insurance required under this Contract does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

8. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies

C-5

providing at least the same coverage. Such proof will be furnished within 72 hours of the expiration of the coverages.

9. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Contract in no way waives any right or remedy of City or any additional insured, in this or any other regard.

10. All insurance coverage shall contain a provision that prohibits cancellation, modification or lapse without thirty (30) days' prior written notice from insurer to the City. Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11 All insurance coverage shall include a severability of interests clause substantially similar to the following: "The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability."

12. All insurance coverage shall contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days' prior writte n notice to the City of Buena Park of such cancellation or material change as evidence by a return receipt for a registered letter."

13. All insurance coverage shall cover the operations of the Contractor pursuant to the terms of this Contract.

14. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

15. In the event of any loss that is not insured due to the failure of Contractor to comply with these requirements, Contractor agrees to be personally responsible for any and all losses, claims, suits, damages, defense obligations and liability of any kind attributed to City, or City's employees, or any of the additional insureds as a result of such failure.

16. Coverage will not be limited to the specific location or individual or entity designated as the address of the Project.

17. Contractor agrees not to attempt to avoid its defense and indemnity obligations to City and its employees, agents, officials and servants by using as a defense Contractor's statutory immunity under workers' compensation and similar statutes.

18. Contractor agrees to require all parties or subcontractors, including architects or others, with which it enters into contracts or hires pursuant to or related in any way with the performance of this Contract, to provide insurance covering the operations contracted for and naming as additional insureds all parties to this Contract.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided as required here.

C-6

Contractor agrees that no contract, standard form or otherwise, used by any party in any way connected with this Contract, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this or any other agreement.

E. Acceptability of Insurers . Coverage shall be written by insurers with a current A.M.

Best's rating of no less than "A:VIII," and be admitted to conduct business in the State of California by the Department of Insurance.

F. Verification of Coverage . Contractor shall furnish the City with evidence of the insurance required by this Section, satisfactory to City, consisting of original certificates of insurance and amendatory endorsements, and an additional insured endorsement at least as broad as Insurance Services Office form CG 20 10 11 85. The endorsements should be on forms provided by the City or on other than the Cit y's forms or a separate owner’s policy, provided those forms or policies are approved by the City, and amended to conform to the City's requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Contractor agrees to provide complete certified copies of policies to City within 10 days of City's request for said copies.

G. Subcontractors. Contractor shall include all subcontractors or any other party involved in the Project by Contractor as insured under its policies or shall require subcontractors or any othe r party involved in the Project by Contractor to carry the same insurance as required herein. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here.

Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Contract. Contractor agrees that upon request, al l agreements with subcontractors or others with whom Contractor contracts with on behalf of City and all certificates of insurance obtained in compliance with this paragraph will be submitted to City or review. Failure of City to request copies of such do cuments will not impose and liability on City, or its employees.

7. Indemnitifcation.

A. Contractor and City agree that City, its employees, officers, agents and elected officials should, to the extent permitted by law, be fully protected from any los s, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Contract.

Contractor acknowledges that CITY would not have ent ered into this Contract in the absence of the commitment of Contractor to indemnify and protect City as set forth here.

B. To the full est extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected officials, employees, agents, volunteers and offic ers (“Indemnitees”), from any and all liabilities, claims, suits, actions, arbitration proceedings, administrative proceedings, stop notices, regulatory proceedings, losses, expenses or costs of any kind, actual attorneys fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part

C-7

to the Contractor’s performance of this Contract. All obligations under this provision are to be paid by Contractor as they are incurred by the City.

C. Without affecting the rights of City under any provision of this Contract or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City 's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all -inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the City.

D. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is other than the sole fault of City. Contractor has no obligation under this Contract for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City.

E. The obligations of Contractor under this or any other provision of this Contract will not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnitees.

The Contractor’s indemnity obligation set forth in this section shall not be limited by the limits of any policies of insurance required or provided by the C ontractor pursuant to this Contract.

8. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action i t may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract.

This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

9. Prevailing Wages. City and Contractor acknowledge that th e Project is a public work to which prevailing wages apply.

10. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

11. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the power and authority to execute this Contract on behalf of Contractor and has the power and authority to bind Contractor to the performance of its obligations hereunder.

12. Entire Agreement; Modification. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. Each Party to this Contract acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract

C-8

may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

13. Exhibits; Precedence. All documents referenced as exhibits in this Contract are hereby incorporated into this Contract by this reference. In the event of any inconsistency between the express provisions of this Contract and any provision of an exhibit, the provisions of this Contract, then the City’s invitation for bids, if any, shall prevail.

14. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

C-9

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.

CITY OF BUENA PARK

By:

City Manager

ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney

Dated:
(“CONTRACTOR”)

By:

C-10

Bond No. __________

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), State of California, has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

NAME OF THE PROJECT
(Project Name)

WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), and not less than 100% of total contract amount.

Lawful money of the United States of America, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the cour t, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code

C-11

Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the plans and Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

C-12

Bond No. __________

FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Buena Park (“Public Agency”), has awarded to

(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

NAME OF THE PROJECT
(Project name)

which is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of

Dollars ($ ), this amount being not less than
100% of the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal ’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Publ ic Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judg ment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the plans and specifications accompanying the same shall in anywise affect its obligations under

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this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the pro visions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

Dated:

“Principal”

By:

Its

By:

Its

(Seal)

“Surety”

By:

Its

By:

Its

(Seal)

Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney -in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

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WORKERS’ COMPENSATION

CERTIFICATE OF INSURANCE
WHEREAS, the City of Buena Park (“City”) has required certain insurance to be provided by:

NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time:

1. This certificate is issued to:

City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621
The insureds under such policy or policies are:

2. Workers’ Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds as follows:

Policy Number Effective Date Expiration Date

By:

Its Authorized Representative

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PROGRESS PAYMENT SIGNATURE AUTHENTICATION

All company billings submitted for payment shall have the signature of an official of the company authorized to sign a bill and/or collect a check from the City, either on the invoice or an attached cover letter.

The following personnel of _______________________________________________________ ____________________________________________________________________________ (Contractor)
are authorized to sign bills and/or receive checks.

NAME TITLE SIGNATURE

Any subsequent changes to supersede this signature list must be requested in writing and accompanied by a
facsimile of this form to be complete in its entirety.

By: ________________________________________________
(name and title)

For: _______________________________________________
(Bidder)

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ADDITIONAL INSURED ENDORSEMENT

COMPREHENSIVE GENERAL LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company’s liability.

4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured und er the policy against another insured under the policy. All such claims shall be covered as third-party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increas e or replicate the Company’s limits of liability as provided under the policy.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability ass umed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non - renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereof. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

C-17

above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is her eby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Contractual Liability □ Explosion Hazard
□ Owners/Landlords/Tenants □ Collapse Hazard
□ Manufacturers/Contractors □ Underground Property Damage □ Products/Completed Operations □ Pollution Liability □ Broad Form Property Damage □ Liquor Liability
□ Extended Bodily Injury □
□ Broad Form Comprehensive □
General Liability Endorsement □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except:
if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on at 12:01 a.m. and forms a part of Policy Number .

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

C-18

ADDITIONAL INSURED ENDORSEMENT

AUTOMOBILE LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park (“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply sep arately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company ’s liability.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assume d by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to whi ch this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt re quested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

C-19

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes:
□ Any Automobiles □ Truckers Coverage
□ All Owned Automobiles □ Motor Carrier Act
□ Non-owned Automobiles □ Bus Regulatory Reform Act
□ Hired Automobiles □ Public Livery Coverage
□ Scheduled Automobiles □
□ Garage Coverage □

12. A □ deductible or □ self-insured retention (check one) of $ applies to all coverage(s) except: (if none, so state) . The deductible is applicable □ per claim or □ per occurrence (check one).

13. This is an □ occurrence or □ claims made policy (check one).

14. This endorsement is effective on ______________ at 12:01 a.m. and forms a part of Policy Number _________.

I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company.

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

C-20

ADDITIONAL INSURED ENDORSEMENT

EXCESS LIABILITY

Name and address of named insured (“Named Insured”):

Name and address of insurance company (“Company”):

General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:

Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the “Policy”) or in any endorsement now or hereafter attached thereto, it is agreed as follows:

1. The City of Buena Park(“Public Agency”), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named ad ditional insureds are hereafter referred to as the “Additional Insureds”) under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy.

3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought, except with respect to the limits of the C ompany’s liability.

5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds.

6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) Days before the effective date thereto. In the event of Company ’s failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement.

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regard to operations performed by or on behalf of the Name d Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds.

8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance.

9. This endorsement and all notices given hereunder shall be sent to Public Agency at:

City Manager
City of Buena Park
City Hall
6650 Beach Boulevard
Buena Park, CA 90621

TYPE OF COVERAGES TO WHICH THIS

ENDORSEMENT ATTACHES

POLICY PERIOD

FROM/TO

LIMITS OF

LIABILITY

□ Following Form
□ Umbrella Liability
□

11. Applicable underlying coverages:

INSURANCE COMPANY POLICY NUMBER AMOUNT

12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages:

14. This is an □ occurrence or □ claims made policy (check one).

15. This endorsement is effective on ________ at 12:01 a.m. and forms a part of Policy Number ________.

C-22

Executed , 20

Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)

SPECIAL

PROVISIONS

SP-1

CITY OF BUENA PARK
Special Provisions

PART 1:

SPECIAL PROVISIONS

The following amendments, additions and deletions shall be incorporated into the Green Book:

Unless otherwise noted, the provisions below shall supplement those provisions in Part 1 of the Standard Specifications.

SECTION 1. GENERAL
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Contract Documents the following terms are used, they shall be understood to mean the following:

Agency – The City of Buena Park
Board – The City Council of the City of Buena Park.

Clerk or City Clerk - The City Clerk of the City of Buena Park.

Contract Documents – As defined in Standard Specifications Section 1-2, but also including the Special Provisions.

County – County of Orange, California.

SP-2

Days - Working days, unless otherwise specified.

Engineer – The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.

Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.

Laboratory – A laboratory authorized by the City to test mate rials and Work involved in the Contract.

Project – See Work.

Standard Plans - the Standard Plans of the Department of Public Work/Engineering, City of Buena Park unless otherwise specified in these Contract Documents Standard Specifications – Standard Specifications for Public Works Construction, 2021 Edition or Latest Edition and all supplemental documents issued thereafter.

Caltrans Specifications – Latest Edition.

1-7 AWARD AND EXECUTION OF THE CONTRACT

SP-3

subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2.

All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.

Add Subsection 1-7.3 to the Standard Specifications:

1-7.3 Consideration of Bid : Bids will be opened publicly by the City Clerk or a designated representative on the date and at the time set forth in the “Notice Inviting Sealed Bids or Proposals.” The right is reserved by the Agency, by action of the Board to reject any or all bids, to advertise for new proposals, to negotiate in the open market for a contract at a reasonable price, to purchase in the open market, or to have the work performed by Agency employee s, or to abandon the work, if, in the judgment of the Board, the best interests of the Agency will be promoted thereby.

Add Subsection 1-7.4 to the Standard Specifications:

1-7.4 Award of Contract : The award of the contract, if it be awarded , will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. The award, if made, will be made within sixty (60) calendar days after the opening of the proposal unless otherwise specified in the “Notice to Bidders”.

The Agency reserves the right to extend the award of contract period an additional thirty (30) calendar days.

All bids will be compared on the basis of the Agency’s estimate of the quantities of work to be done.

Add Subsection 1-7.5 to the Standard Specifications:

Add Subsection 1-7.6 to the Standard Specifications:

Add Section 1-8 to the Standard Specifications:

1-8 REQUIREMENTS AND CONDITIONS

1-8.1 Availability of Plans and Specifications: Plans and specifications may be examined at and obtained from the office of the Engineer. Copies of the Notice to Bidders and proposal

SP-4

forms are included with the plans and specifications.

In case of error, unit prices will govern over extensions and written words will govern over numerals, unless it can be established that an obviously incorrect entry has been made.

SP-5

1-8.10 Experience of Bidders : After the bid opening, the Engineer may re quire the three lowest bidders to present satisfactory evidence of sufficient experience and that the successful bidder is fully prepared with the necessary capital, materials, machinery and skilled workmen to carry out the contract.