Garden Grove City Council
July 25, 2023

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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 





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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 





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Agenda Item - 6.i.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Award a contract to
Parkwood Landscape
Maintenance, Inc. for
landscape maintenance
services. (Cost:
$950,753.93) (Action Item)
Date: 7/25/2023

OBJECTIVE
To seek City Council approval to award a contract to Parkwood Landscape Maintenance, Inc. in response to RFP No. S-1304 to provide landscape maintenance services.

BACKGROUND
Public Works Department utilizes an outside contractor to assist in providing routine landscape maintenance at various locations, including medians, well sites, and frontage roads.

DISCUSSION
On April 5, 2023, RFP No. S-1304 was advertised and posted on the Planet Bids on-line bidding system. A mandatory pre-proposal meeting was held April 19, 2023.

Final submittals were received May 23, 2023 with Nine (9) proposals received. The Source Selection Committee (SSC) reviewed and scored each proposal and received best and final offers on June 22, 2023 from the highest rated proposals. The results of the SSC committee are listed below.

Business Score
Parkwood Landscape
Maintenance, Inc.
270
Mariposa Landscape, Inc. 266
Tropical Plaza Nursery, Inc. 245
Master Landscape Services, Inc. 239
Merchant’s Landscape Services,
Inc.
237
SGD Enterprises 220

Tapia Landscape 214
Beauty Scapes Landscape
Service
204
Stay Green, Inc. 174

Based on the SSC score and level of expertise in providing this service, Parkwood Landscape Maintenance, Inc. was deemed to best fit the needs of the City.

FINANCIAL IMPACT
Landscape maintenance services receives funding from several different sources, including the General Fund, Water Fund, and Park Maintenance Assessment District Fund. Funding for the agreement is available within the adopted Public Works Department operating budget. The amount of the initial year is $180,758.39, with contractual increments over a five-year period. The total cost of the agreement during the 5-year term is $950,753.93.

RECOMMENDATION
It is recommended that City Council:

Award the landscape maintenance contract, RFP No. S-1304, to Parkwood Landscape Maintenance, Inc. in the amount of $950,753.93 for a period of four (4) years and eleven (11) months executed one year at a time; and

Authorize the City Manager to execute the agreement on behalf of the City and make minor modifications as appropriate thereto.

By: Luis Tapia, Public Works Supervisor
ATTACHMENTS:

Description Upload
Date Type File Name
Pricing Sheet 7/6/2023 Backup
Material
ATTACHMENT_B_PROPOSAL_PRICING-
BEST_AND_FINAL_OFFER_PARKWOOD_LANDSCAPE(5).pdf
Contract-
Scope of
Work
7/6/2023 Backup
Material PROFESSIONAL_SERVICES_AGREEMENT_PARKWOOD_LANDSCAPE_FY24(2).pdf

•
•
Well Site Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
1 1,180 13421 Magnolia Street $393.33 $405.13 $417.29 $429.80 $442.70 2 8,392 10742 Woodbury Rd. $2,611.49 $2,689.83 $2,770.53 $2,853.65 $2,939.25 3 6,313 11502 Dolan Street $1,977.04 $2,036.35 $2,097.44 $2,160.37 $2,225.17 4 2,340 22 Fwy. Dakota Ave e/o Yockey St. $731.17 $753.10 $775.70 $798.97 $822.94 TOTALS $5,713.03 $5,884.42 $6,060.96 $6,242.79 $6,430.07 1)
Brookhurst Street.

Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
a. 3,409 Parkway s/o Melody Park Dr $1,489.98 $1,534.67 $1,580.72 $1,628.14 $1,676.98 b. 38,258 Parkway s/o Skylark Ln. $21,520.22 $18,386.46 $22,938.26 $20,506.21 $20,495.05 c. 9,513 Parkway s/o Hill Rd. $4,446.90 $4,580.31 $4,717.72 $4,859.25 $5,005.03 d. 6,267 Parkway s/o Orangewood Rd. $2,939.65 $3,027.84 $3,118.68 $3,212.24 $3,308.60 e. 2,724 Parkway s/o Parliament Ave. $1,072.00 $1,104.16 $1,137.29 $1,171.40 $1,206.54 f. 18,009 Parkway s/o Brookside Dr. $9,966.95 $10,265.96 $10,573.94 $10,891.15 $11,217.89 g. 5,200 Parkway s/o Aldgate Ave $2,438.77 $2,511.94 $2,587.29 $2,664.91 $2,744.86 h. 11,786 Parkway s/o Katella Ave $5,503.93 $5,669.05 $5,839.12 $6,014.29 $6,194.72 TOTALS $49,378.40 $47,080.39 $52,493.01 $50,947.60 $51,849.67 2) Chapman Ave. Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
1 a. 1,909 Chapman Ave e/o Bailey St. $744.99 $767.34 $790.36 $814.07 $838.49 2 b. 2,011 Chapman Ave. e/o Stonegate Ln. $792.20 $815.96 $840.45 $865.65 $891.63 3 c. 923 Chapman Ave. w/o Valley View $371.92 $383.08 $394.57 $406.41 $418.60 4 d. 684 Chapman Ave e/o Gilbert St. $277.50 $285.83 $294.40 $303.23 $312.33 5 e. 354 9572 Chapman Ave. $138.17 $142.32 $146.59 $150.99 $155.51 6 f. 2,568 9591 Chapman Ave. $1,008.67 $1,038.93 $1,070.10 $1,102.20 $1,135.27 7 g. 622 9665 Chapman Ave. $246.41 $253.80 $261.41 $269.26 $277.34 8 h. 1,266 9737 Chapman Ave. $496.27 $511.16 $526.50 $542.29 $558.56 9 i. 3,576 9755 Chapman Ave. $1,397.86 $1,439.80 $1,482.99 $1,527.48 $1,573.30 10 j. 2,714 Chapman Ave. w/o Brookhurst St. $1,055.88 $1,087.56 $1,120.19 $1,153.79 $1,188.40 11 k. 2,122 10040 Chapman Ave. $839.41 $864.59 $890.53 $917.24 $944.76 12 l. 1,495 Chapman Ave. e/o Euclid St. $589.54 $607.23 $625.45 $644.21 $663.54 13 m. 1,728 Chapman Ave w/o S. Della Ln. $683.96 $704.48 $725.61 $747.38 $769.81 ATTACHMENT "B" PROPOSAL PRICING (BEST AND FINAL OFFER)
GROUP I: WELL SITES
RFP S-1304: LANDSCAPE MAINTENANCE SERVICES
GROUP II: MEDIANS, MINI PARKS & FRONTAGES
GROUP II: MEDIANS, MINI PARKS & FRONTAGES

ATTACHMENT B
RFP S-1304
LANDSCAPE MAINTENANCE SERVICES Page 535 of 716
14 n. 3,316 Chapman Ave e/o S. Della Ln. $1,287.32 $1,325.94 $1,365.72 $1,406.69 $1,448.89 15 o. 568 Chapman Ave. w/o 9th St. $230.29 $237.20 $244.31 $251.64 $259.19 16 p. 3,051 Chapman Ave. e/o Debbie Ln. $1,197.51 $1,233.43 $1,270.44 $1,308.55 $1,347.81 17 q. 2,981 Chapman Ave. w/o Buaro St. $1,164.12 $1,199.04 $1,235.01 $1,272.06 $1,310.22 18 r. 1,922 Chapman Ave. e/o Buaro St. $759.96 $782.75 $806.24 $830.43 $855.34 19 s. 1,155 12361 Chapman Ave. $449.06 $462.53 $476.41 $490.70 $505.43 20 t. 4.706 Chapman Ave. w/o Harbor Bvd. $2,206.18 $2,272.37 $2,340.54 $2,410.75 $2,483.07 21 u. 4,345 Chapman Ave. e/o Harbor Blvd. $2,035.76 $2,096.83 $2,159.74 $2,224.53 $2,291.27 22 v. 1,638 Chapman Ave e/o Grant Pl. $636.75 $655.86 $675.53 $695.80 $716.67 23 w. 6,410 Chapman Ave. e/o N. Jetty Dr. $2,998.37 $3,088.33 $3,180.97 $3,276.41 $3,374.70 TOTALS $21,608.12 $22,256.35 $22,924.05 $23,611.76 $24,320.14 Harbor Blvd. Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
3) a. 9,675 Turf Triangle n/e Corner of Harbor Blvd & GG Blvd $4,524.04 $4,659.77 $4,799.56 $4,943.55 $5,091.86 4) b. 2,524 Harbor Blvd. s/o GG Blvd. $994.85 $1,024.70 $1,055.44 $1,087.10 $1,119.72 c. 2,835 13141 Harbor Blvd. $1,104.24 $1,137.37 $1,171.49 $1,206.63 $1,242.84 d. 3,633 Harbor Blvd. n/o Flagstone Ave. $1,470.41 $1,514.51 $1,559.95 $1,606.75 $1,654.95 e. 3,026 Harbor Blvd. n/o Banner Dr. $1,181.39 $1,216.83 $1,253.34 $1,290.93 $1,329.66 f. 6,098 Harbor Blvd. Trask Ave to Cardinal Cir. $398.13 $410.07 $422.37 $435.04 $448.09 g. 7,448 Harbor Blvd. Woodbury Rd. to Quatro Ave. $486.26 $500.84 $515.87 $531.35 $547.29 h. 1,350 Harbor Blvd. Second Median n/o Westminster Ave. $88.15 $90.79 $93.51 $96.31 $99.20 i 3,397 Harbor Blvd. First Median n/o Westminster Ave. $221.78 $228.43 $235.29 $242.35 $249.62 TOTALS $10,469.24 $10,783.32 $11,106.83 $11,440.02 $11,783.22 Katella Ave. Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
5) a. 16,685 Katella Ave. Frontage BWT Palmwood Dr & Stratford Dr. $7,790.71 $8,024.43 $8,265.17 $8,513.12 $8,768.51 b. 8,169 Katella Ave Frontage BWT Barclay Dr. & Fraley St. $3,823.97 $3,938.68 $4,056.85 $4,478.55 $4,903.21 6) c. 1,559 Katella Ave e/o Dale Ave. $606.81 $625.02 $643.77 $663.08 $682.98 d. 5,866 Katella Ave w/o Mac St. $2,738.15 $2,820.30 $2,904.90 $2,992.05 $3,081.81 e. 1,631 Katella Ave Frontage w/o Yana Dr. $636.75 $655.86 $675.53 $695.80 $716.67 TOTALS $15,596.40 $16,064.29 $16,546.21 $17,342.59 $18,153.17 Knott St. Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
7) a. 5,623 Knott St. Triangle n/o Stanford Ave $2,627.61 $2,706.44 $2,787.63 $2,871.26 $2,957.39 b. 5,871 Knott St. Triangle s/o Stanford Ave. $2,750.81 $2,833.34 $2,918.34 $3,005.89 $3,096.06 TOTALS $5,378.42 $5,539.78 $5,705.97 $5,877.15 $6,053.46 GROUP II: MEDIANS, MINI PARKS & FRONTAGES
GROUP II: MEDIANS, MINI PARKS & FRONTAGES
GROUP II: MEDIANS, MINI PARKS & FRONTAGES

ATTACHMENT B
RFP S-1304
LANDSCAPE MAINTENANCE SERVICES Page 536 of 716
Magnolia St. Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
8) a. 6,272 Magnolia St. btw Chapman Ave. & Blossom Ave. $409.48 $421.76 $434.42 $447.45 $460.87 b. 3,223 Magnolia St. btw Blossom Ave. &12192 Magnolia St. $210.42 $216.72 $223.23 $229.92 $236.82 c. 784 Magnolia St. btw 12202 Magnolia St. & Healey Dr. $51.18 $52.72 $54.30 $55.93 $57.61 d. 1,263 Magnolia St. btw Healey Dr. & Sherlock Cir. $82.45 $84.93 $87.48 $90.10 $92.81 e. 1,045 Magnolia St. btw 12292 Magnolia St. & Marlene Ave $68.22 $70.27 $72.38 $74.55 $76.79 f. 5,140 Magnolia St. btw Marlene Ave. & Lampson Ave. $335.58 $345.65 $356.02 $366.70 $377.69 g. 3,912 Magnolia St. btw Lampson Ave. & Ernest Fulsom Dr. $1,419.73 $1,462.33 $1,506.20 $1,551.39 $1,597.93 h. 5,688 Magnolia St. btw Ernest Fulsom Dr. and Stanford Ave. $2,658.70 $2,738.46 $2,820.61 $2,905.23 $2,992.39 i. 3,074 Magnolia St. btw Stanford Ave. & Acacia Ave. $1,196.36 $1,232.24 $1,269.22 $1,307.29 $1,346.51 j. 1,715 Magnolia St. btw Acacia Ave. & Anthony Ave. $666.69 $686.69 $707.29 $728.51 $750.36 k. 2,158 Magnoila St. btw Anthony Ave. & Garden Grove Blvd. $839.41 $864.59 $890.53 $917.24 $944.76 l. 20,995 Magnolia St. btw Garden Grove Blvd. & Central Ave. $1,370.71 $1,411.83 $1,454.19 $1,497.81 $1,542.74 m. 4,878 Triangle planter at Magnolia St. & Cannery St. $318.46 $328.02 $337.87 $348.00 $358.44 n. 1,916 Magnolia St. btw Central Ave. & Imperial Ave $125.09 $128.84 $132.71 $136.69 $140.79 o. 2,700 Magnolia St btw Imperial Ave. & Bestel Ave. $176.27 $181.56 $187.01 $192.62 $198.40 p. 1,785 Magnolia St. btw Bestel Ave. & Bestel Ave. $116.53 $120.03 $123.64 $127.35 $131.16 q. 3,484 Magnolia St btw Bestel Ave. & Trask Ave. $227.46 $234.28 $241.31 $248.55 $256.00 r. 2,613 Magnolia St. btw 22FWY on/off ramp & 13641 Magnolia St. $170.60 $175.72 $180.99 $186.41 $192.01 s. 5,924 Magnolia St. btw Mays Ave. & Hewitt Pl. $386.76 $398.36 $410.31 $422.62 $435.30 t. 3,789 Magnolia St. btw Ingram Ave. & Westminster Blvd $247.38 $254.80 $262.44 $270.31 $278.43 TOTALS $11,077.49 $11,409.81 $11,752.13 $12,104.68 $12,467.80 9)
Garden Grove Blvd.

Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
a. 2,992 GG Blvd. w/o Lewis St. $1,164.12 $1,199.04 $1,235.01 $1,272.06 $1,310.22 b. 941 Across from 13261 GG Blvd $370.77 $381.89 $393.35 $405.15 $417.30 c. 104 Across from 13252 GG Blvd $46.06 $47.44 $48.87 $50.33 $51.84 d. 2,265 w/o Haster St $885.46 $912.03 $939.39 $967.57 $996.59 e. 1,321 e/o Sungrove St. $527.36 $543.19 $559.48 $576.27 $593.55 f. 2,835 e/o Partridge St. $1,101.94 $1,135.00 $1,169.04 $1,204.12 $1,240.24 g. 3,304 w/o Partridge St. $1,288.48 $1,327.13 $1,366.94 $1,407.94 $1,450.18 h. 1,172 e/o Blackbird St. $465.19 $479.14 $493.51 $508.32 $523.57 i. 1,036 w/o Blackbird St. $403.01 $415.10 $427.55 $440.37 $453.59 j. 7,993 e/o Rainbow St. $3,729.55 $3,841.44 $3,956.68 $4,275.23 $4,589.24 k. 841 w/o Rainbow St. $339.68 $349.87 $360.36 $371.17 $382.31 l. 2,106 e/o Harbor Blvd. $823.29 $847.99 $873.43 $899.63 $926.62 m. 3,731 e/o West St. $1,458.89 $1,502.65 $1,547.73 $1,594.17 $1,641.99 n. 6,448 e/o Lemonwood St. $3,015.64 $3,106.12 $3,199.30 $3,295.28 $3,394.14 o. 2,617 e/o Newhope St. $1,023.64 $1,054.35 $1,085.98 $1,118.56 $1,152.12 p. 1,757 w/o Newhope St. $682.81 $703.29 $724.40 $746.12 $768.50 q. 1,456 Across from Sandra Pl. $574.57 $591.81 $609.56 $627.85 $646.68 r. 1,858 Across from Birchwood St. $728.86 $750.73 $773.25 $796.45 $820.35 s. 1,394 e/o Civic Center Dr. $542.33 $558.60 $575.36 $592.62 $610.40 GROUP II: MEDIANS, MINI PARKS & FRONTAGES
GROUP II: MEDIANS, MINI PARKS & FRONTAGES

ATTACHMENT B
RFP S-1304
LANDSCAPE MAINTENANCE SERVICES Page 537 of 716
t. 3,282 e/o Euclid St. $1,287.32 $1,325.94 $1,365.72 $1,406.69 $1,448.89 u. 3,284 w/o Taft St. $1,287.32 $1,325.94 $1,365.72 $1,406.69 $1,448.89 v. 1,023 w/o Nelson St. $403.01 $415.10 $427.55 $440.37 $453.59 w. 3,938 e/o Joy St. $1,536.03 $1,582.11 $1,629.58 $1,678.47 $1,728.82 x. 1,797 e/o Cypress St. $698.93 $719.89 $741.50 $763.74 $786.65 y. 5,638 e/o Rosewood Dr. $2,641.42 $2,720.67 $2,802.29 $2,886.36 $2,972.95 z. 2,510 w/o Brookhurst $978.73 $1,008.09 $1,038.34 $1,069.49 $1,101.57 aa. 4,181 Across from 10080 GG Blvd $789.30 $812.97 $837.36 $862.48 $888.36 bb. 5,174 w/o Kerry St. $2,423.80 $2,496.52 $2,571.41 $2,648.55 $2,728.01 cc. 5,128 e/o Galway St. $2,393.86 $2,465.68 $2,539.65 $2,615.84 $2,694.32 dd. 1,490 e/o Abbott Ct. $589.54 $607.23 $625.45 $644.21 $663.54 ee. 4,588 w/o Gilbert St. $1,785.90 $1,839.47 $1,894.66 $1,951.50 $2,010.04 ff. 1,054 w/o Casa Linda Ln. (short) $416.82 $429.33 $442.21 $455.48 $469.14 gg. 2,300 w/o Casa Linda Ln. (long) $1,054.73 $1,086.37 $1,118.96 $1,152.53 $1,187.11 hh. 2,021 e/o Shackelford Ln. $946.50 $974.88 $1,004.14 $1,034.26 $1,065.29 ii. 2,307 w/o Shackelford Ln. $1,055.88 $1,087.56 $1,120.19 $1,153.79 $1,188.40 jj. 4,737 e/o Magnolia St. $1,848.08 $1,903.52 $1,960.62 $2,019.45 $2,080.03 kk. 2,508 e/o Yockey St. $1,134.18 $1,168.21 $1,203.25 $1,239.35 $1,276.53 ll. 5,092 w/o Yockey St. $2,378.90 $2,450.26 $2,523.77 $2,599.48 $2,677.47 mm. 4,810 e/o Newland St. $2,254.54 $2,322.17 $2,391.84 $2,463.60 $2,537.51 nn. 5,728 e/o Dale St. $2,672.52 $2,752.69 $2,835.27 $2,920.33 $3,007.94 oo. 2,758 w/o Monroe St. $1,085.81 $1,118.39 $1,151.94 $1,186.50 $1,222.09 TOTALS $50,834.78 $52,359.79 $53,930.62 $55,748.39 $57,606.57 Springdale St. Sq. Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
10) a. 3,578 E/W Side Row BWT Santa Rita St. & Cypress City Border $1,555.61 $1,602.28 $1,650.34 $1,699.85 $1,750.85 b. 14,242 Springdale Slope Corner of Seneca Dr. & Anthony Ave. $6,655.38 $6,855.05 $7,060.69 $7,272.51 $7,490.69 TOTALS $8,210.99 $8,457.33 $8,711.04 $8,972.36 $9,241.54 Valley View St. Sq.

Ft. Location
Year 1:
7/1/23-
6/30/24
Year 2:
7/1/24-
6/30/25
Year 3:
7/1/25-
6/30/26
Year 4:
7/1/26-
6/30/27
Year 5:
7/1/27-
6/30/28
11) a. 967 Frontage n/o Santa Catalina Ave $1,012.39 $1,042.76 $1,074.04 $1,106.27 $1,139.46 b. 4,322 Frontage s/o Santa Catalina Ave. $134.35 $138.38 $142.54 $146.81 $151.21 12) c. 2,425 Valley View St. s/o Tiffany Ave. $75.38 $77.64 $79.97 $82.37 $84.84 d. 7,371 Valley View St. n/o Tiffany Ave $229.13 $236.00 $243.09 $250.37 $257.89 e. 6,116 Valley View St. s/o Cerulean Ave $190.11 $195.82 $201.69 $207.75 $213.98 f. 15,027 Valley View St. n/o Lampson Ave. $467.21 $481.23 $495.66 $510.54 $525.85 g. 1,554 Valley View St. n/o Belgrave $48.31 $49.76 $51.24 $52.79 $54.37 h. 4,744 Valley View St. s/o Chapman Ave. $147.47 $151.89 $156.45 $161.14 $165.97 i. 2,042 Valley View St. n/o Chapman Ave. $63.47 $65.38 $67.34 $69.36 $71.44 j. 2,818 Valley View St. s/o Santa Barbara Ave. $87.60 $90.22 $92.93 $95.72 $98.60 k. 1,148 Valley View St. n/o Santa Catalina Ave. $36.09 $37.16 $38.28 $39.43 $40.62 TOTALS $2,491.52 $2,566.26 $2,643.24 $2,722.55 $2,804.22 GROUP II: MEDIANS, MINI PARKS & FRONTAGES
GROUP II: MEDIANS, MINI PARKS & FRONTAGES

ATTACHMENT B
RFP S-1304
LANDSCAPE MAINTENANCE SERVICES Page 538 of 716
GROUP I: WELL SITES GROUP II -MEDIANS, MINI

PARKS & FRONTAGES
YEAR ONE $5,713.03 YEAR ONE $175,045.36
YEAR TWO $5,884.42 YEAR TWO $176,517.30
YEAR THREE $6,060.96 YEAR THREE $185,813.11
YEAR FOUR $6,242.79 YEAR FOUR $188,767.09
YEAR FIVE $6,430.07 YEAR FIVE $194,279.80
TOTAL FOR ALL FIVE YEARS $30,331.27 TOTAL FOR ALL FIVE YEARS $920,422.66

GENERAL LANDSCAPE

MAINTENANCE - HOURLY

LABOR CHARGE

FIVE YEAR TOTAL FOR GROUP
I AND GROUP II $950,753.93
YEAR ONE $38.00
YEAR TWO $39.00
YEAR THREE $40.00
YEAR FOUR $41.00
YEAR FIVE $42.00
Date 6/28/2023
Company Name Parkwood Landscape
Authorized Party Name David Melito
Phone Number 818-988-9697
Email Address
[email protected]
ATTACHMENT "B" PROPOSAL PRICING (BEST AND FINAL OFFER)
RFP S-1304: LANDSCAPE MAINTENANCE SERVICES
The undersigned having carefully examined the
specifications and conditions for furnishing landscape
maintenance services hereby proposes to furnish all labor, materials, equipment, and do all work required to complete said work in accordance with said Specifications and
Conditions for the above prices.

Please include a PDF copy of both worksheets
in your electronic proposal submittal.

ATTACHMENT "B"
RFP S-1304
LANDSCAPE MAINTENANCE SERVICES Page 539 of 716
_____ I._____ _ ______.__________.I
----- ~I --~I
1 PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2023, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and Parkwood Landscape Maintenance, Inc., herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CONTRACTOR Furnish all Labor, Materials and Equipment to Provide Landscape Maintenance Services for the City of Garden Grove per RFP S-1304.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term and Termination. The term of the agreement shall be from full execution of the agreement through June 30, 2024, with an option to extend said agreement for an additional four (4) fiscal years, for a total performance period of five (5) fiscal years. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with Specifications for Landscape Maintenance, which is attached as Attachment “A” and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.

2. Services to be Provided The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Specifications for Landscape Maintenance , which is attached as Attachment “A”, and is incorporated herein by reference.

The Specifications for Landscape Maintenance and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of One Hundred Eighty Thousand Seven Hundred Fifty Eight Dollars and 39/100 ($180,758.39), for the first fiscal year, payable in arrears and in accordance with the Contractor’s Proposal

2 Pricing, Best and Final Offer, (Attachment “B”). All work shall be in accordance with RFP No. S-1304.

3.2 Payment. For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in Proposal Pricing, Best and Final Offer, (Attachment “B”), which is as follows:

YEAR ONE $180,758.39
YEAR TWO $182,401.72
YEAR THREE $191,874.07
YEAR FOUR $195,009.88
YEAR FIVE $200,709.87
FIVE YEAR TOTAL $950,753.93

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4. Insurance Requirements.

COMMENCEMENT OF WORK. CONTRACTOR and all subcontractors shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY.

CONTRACTOR shall be responsible to collect and maintain all insurance from contractors and subcontractors. All subcontractors shall obtain and maintain the same insurance as required of CONTRACTOR. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. Each policy shall also contain a waiver of subrogation wherein the insurer waives its rights of subrogation against the City, its officers, officials, agents, employees, and volunteers.

4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable.`

3 4.3 INSURANCE AMOUNTS. CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount of
$1,000,000.00 per occurrence ( claims made and
modified occurrence policies are not
acceptable); Insurance companies must be
acceptable to CITY and have a Best’s Guide Rating of
A-, Class VII or better, as approved by the CITY.

(b) Automobile liability in an amount of $1,000,000.00
combined single limit. (claims made and modified
occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and
have a Best’s Guide Rating of A-, Class VII or better,
as approved by the CITY.

An On-Going and Completed Operations Additional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

4 6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor . It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (Contractor)
Parkwood Landscape Maintenance, Inc.

Attention: David Melito, President
16443 Hart Street
Van Nuys, CA 91406

b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands

5 the facilities, difficulties, and restrictions of the work under this Agreement.

Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.

13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement.

CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the Prevailing Wage Law, including the payment of the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. CONTRACTOR shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(3) and shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2). Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.

17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from

6 any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

18. Appropriations. This Agreement is subject to and c ontingent upon funds being
appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

\ \ \ \

(Agreement Signature Block on Next Page)

7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
Parkwood Landscape Maintenance, Inc.

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

DIR Registration No._______________

Contractor License No._____________

If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

____________________________
Date

8 ATTACHMENT “A”
RFP S-1304

SPECIFICATIONS FOR LANDSCAPE MAINTENANCE CONTRACT

1. INTRODUCTION
a. Contractors should clarify any questions they may have prior to submission of a bid by contacting the Facilities Supervisor, Public Works, phone number (714) 741-5386. The submission of a bid shall indicate that the Contractor thoroughly understands the scope of the work and the services to be performed.
b. While the initial agreement is to be awarded for a 12-month period, it may, at the option of the City, be extended for additional 12-month periods not to exceed 60 months.
c. It is the Contractor’s responsibility to visit and inspect each site listed, for taking their own measurements for the purpose of preparing his bid. Any dimensions or measurements provided by the City shall not be considered accurate by the Contractor for the purpose of preparing their bid. d. The City reserves the right to reject any and all bids and to waive any informality in any bid received not affected by law. Acceptance of any proposal will be subject to approval of submitted data and maintenance equipment.
e. Contractor must submit with his bid a brief history of the company and a Financial Statement reflecting the activity of the last five years. f. Bids must show the applicable monthly Lump Sum charge and square footage for each property in each group. The City reserves the right to award the contract for any group or parts of a group. Properties may be added or deleted during the term of the contract at any time. (1) Properties
Group I - Well Sites
1) 13421 Magnolia Street
2) 10742 Woodbury Road
3) 11502 Dolan Street
4) 22 Frwy. Dakota Avenue/ East of Yockey Street

9 Group II - Medians, Mini Parks and Frontages
1) Brookhurst St. Green Belt/east side, Melody Park Dr. to Katella Ave. 2) Chapman Ave. Bailey St to Lewis St.
3) Harbor Blvd./Garden Grove Blvd. Triangle/N/E corner of Harbor Blvd. and Garden Grove Blvd.
4) Harbor Blvd. Medians/Garden Grove Blvd. to Westminster Avenue 5) Katella frontage. Palmwood Dr. to Stratford Wy., Barclay Dr. to Fraley St.,
6) Katella Ave.-First two medians E/O Dale Ave., Frontage area W/O Yana Dr.
7) Knott/Stanford N/W corner and S/W corner
8) Magnolia St. Medians/Westminster Avenue to Chapman Ave. 9) Garden Grove Blvd. Lewis St. to Fern St.
10) Springdale St. N/O Santa Barbara Ave. to Chapman Ave., Anthony Ave. and Seneca Dr. (Springdale Slope)
11) Valley View St. Frontage/W/S of Valley View St. S/O Santa Barbara Ave. to N/O of Santa Catalina Ave.
12) Valley View Medians/Garden Grove FWY. N/B exit to N/O Santa Catalina Ave.

10 1. GENERAL CONDITIONS
The agreement shall be in effect from full execution of the agreement through and including June 30, 2024, with options to continue said agreement through and including June 30, 2028. In order to exercise this option, City shall provide contractor thirty (30) days’ notice prior to the renewal date of its desire to extend the agreement. Contractor agrees to provide the services described herein and for the compensation described in the Proposal Pricing, Best and Final Offer, Attachment “B”, for said additional years, should the City give the required notice. a. City reserves the right to terminate the agreement pursuant to the following provisions:
(1) Whenever the Contractor shall default in performance of the Agreement in accordance with its terms and shall fail to cure such default within a period of ten (10) days after receipt from the City of a notice specifying the default; or
(2) City reserves the right to terminate the Agreement upon thirty (30) days’ notice to Contractor. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying whether termination is for default of the Contractor or for convenience of the City, the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective.
b. The amount due the Contractor by reason of termination shall be the amount Contractor is entitled to for all work and services satisfactorily performed to the date of termination.
c. The Contractor shall not be in default by reason of any failure in performance of this Agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to acts of God or of a public enemy, acts of the government in its sovereign capacity, riots, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.
d. The Contractor shall not assign any interest in the Agreement and shall not transfer any interest in the same (whether of assignment or novation) without the prior written consent of the City thereto: provided, however, that claims for money due or to become due to contractor under this agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City.

11 e. No subcontractors will be employed by the contractor unless specifically approved by the City's Facilities Supervisor. All persons engaged in the work will be employees of the contractor, and the Contractor will be held directly responsible for their work and supervision.
f. The Contractor hereby agrees to and shall hold the City, its elective and appointive boards, offices, agents and employees, harmless from any liability for damage or claims from damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of subcontractor’s operations under this agreement. g. In view of the policy of the City with respect to endorsement of products, materials or equipment of any manufacturer, the Contractor shall not permit endorsements by photographs or written statements involving the City without prior written approval of the City through the Public Works Department.
h. All work under this contract shall be inspected by the City (Supervisor), to insure strict compliance with the specifications.
i. Since the City cannot be responsible for losses of Contractor's supplies, tools, or equipment, Contractors are hereby notified of their responsibility for providing proper identification and security for such items at their own expense.
j. The Contractor will be responsible for all damages to City property caused by his employees. Such damage shall be repaired promptly within 24 hours of notification by the Contractor to the satisfaction of the City, at no expense to the City.
k. The Contractor shall be responsible for payment of all of his payrolls including withholding taxes, social security, unemployment compensation insurance, and for payment of his public liability insurance and employee bonds.
l. Payment for services shall be made to the Contractor once a month upon submission of an invoice. To ensure prompt payment, all invoices should include the purchase order number, if applicable. Please submit all invoices to the City’s Accounts Payable Department using one of the following two methods:

1. Email an electronic version of your invoice
to: [email protected]
or

2. Mail your invoice to:

City of Garden Grove (Accounts Payable Department)
Subject: Invoice Submission

12 P.O. BOX 3070
Garden Grove, CA 92842
m. The Contractor shall provide all necessary machines, equipment, tools and labor, etc., as may be necessary to perform the work outlined herein.

The Contractor shall be identifiable. Employees shall wear uniforms and present a neat overall appearance at all times. There shall also be identification of the company on all vehicles assigned to Garden Grove and will include the company's phone number and the following language, “CONTRACTED TO THE CITY OF GARDEN GROVE.”

2. SCOPE
Supply all necessary labor and materials and equipment to provide the complete landscape maintenance service of all work sites, including, but not limited to weed control; plant disease and pest control; mowing; edging; drainage systems; pruning, shaping and training of young trees, shrubs and ground cover; and other maintenance required to maintain the work sites in safe, attractive and usable conditions and maintain all plant material in good condition with horticulturally accepted standards for growth, color, and appearance.

3. SCHEDULING OF WORK
The Contractor shall accomplish all normal landscape maintenance required under this contract between the hours of 7:00 A.M. and 6:00 P.M., Monday through Friday.

The Contractor may not be on any median after 4:00 P.M. The Supervisor may grant, on an individual basis, permission to perform contract maintenance at other hours.

No maintenance functions that generate excess noise, which would cause annoyance to residents of any area, shall be commenced before 7:00 A.M. The Contractor shall establish a schedule of routine work to be followed in the performance of this contract. A copy of this schedule shall be provided to and approved by the Supervisor prior to the performance of any work required by these specifications, and any changes in scheduling shall be reported in writing, and approved by the Supervisor.

The Contractor shall conduct the work at all times in a manner which will not interfere with normal recreation programs, pedestrian traffic on adjacent sidewalks or vehicular traffic on adjacent streets. In addition, a special notification listing exact starting date for periodic maintenance shall be furnished to the Supervisor at least ten (10) working days in advance of performing these operations.

4. METHOD OF PERFORMING WORK
a. Plant Maintenance
All shrubs and ground cover plants growing on the property shall be pruned, as required, to maintain plants in a healthy, growing condition and to maintain plant growth within reasonable bounds to prevent encroachment of passage ways, walks, streets, view of signs or in any manner deemed objectionable by the Supervisor.

Dead or damaged limbs or branches shall be removed with sharp pruning tools, with

13 no projections or stubs remaining. Pruning shall be done in a manner to permit plants to grow naturally in accordance with their normal growth characteristics except box hedging is prohibited unless authorized on some hedges or shrubs or narrow medians and at some public buildings as designated by the Supervisor. Shearing, hedging, or severe pruning of plants is prohibited, unless authorized by the Supervisor.

Overhanging shrub/vine material, extending into the property boundaries, shall also be the contractor’s responsibility (e.g. Brookhurst Frontage walls). b. Tree Maintenance
(1) The Contractor shall be responsible for all low branches. Low branches overhanging sidewalks, bike trails and parkways shall be removed to a height of nine (9) feet above grade. Young trees needing training and shaping and trees needing suckering shall be trimmed and/or suckered on a continuing basis as needed. Contractor shall not prune trees whose crown height exceeds fifteen (15) feet in height.
(2) The Contractor shall bring to the attention of the Supervisor immediately any tree that shows signs of root heaving, mushrooming at base of tree, leaning, or has hanger limbs, or for any reason is a safety hazard.
(3) The Contractor shall be responsible for the complete removal and replacement of plant material lost due to Contractor's faulty maintenance or negligence, as determined by the Supervisor.

Replacement shall be made by the Contractor in the kind and size of plant material determined by the Supervisor. Where there is a difference in value between the plant material lost and the replacement of plant material, this difference will be deducted from the contract payment. In all cases the Supervisor will determine the value of the plant material lost.
(4) All trees requiring staking shall be securely staked at all times. Tree ties shall be inspected regularly to ensure against girdling and abrasion.

To prevent mechanical girdling around tree bases, weed growth will be chemically controlled.
c. Weed Control
(1) All landscaped areas within the specified maintenance area including but not limited to lawns, shrub and ground cover beds, planters, tree wells, and areas covered with ornamental rocks shall be kept free of all weeds at all times. This means: complete removal of all weed growth shall be accomplished on a continuing basis as weeds appear. For the purpose of this specification, a weed will be considered as "any undesirable or misplaced plant." Weeds shall be controlled either by hand, mechanical or chemical methods. The Supervisor may restrict the use of chemical weed control in certain areas. Inclement weather may

14 require the contractor to mechanically pull weeds to provide a weed- free appearance.
(2) Weeding shall also include the removal of weeds growing in all paved or unpaved surfaces within property boundaries: all bullnose, bominite, curb/asphalt junctions.
(3) Contractor shall provide a monthly schedule to Supervisor of all locations to be sprayed on that specific month and in which order each location will be sprayed.
d. Disease and Pest Control
(1) The Contractor shall regularly inspect all landscaped areas for presence of disease or insect infestation. The Contractor shall notify the Supervisor within three (3) days that disease or insect infestation is found.
(2) All rodent control shall be the City's responsibility. The Contractor shall pay for loss of plant material resulting from lack of notification by the Contractor.
e. Replacement of Material
(1) The Contractor shall notify the Supervisor within twenty-four (24) hours of the loss of plants material due to any cause.
(2) The Contractor shall, within 24 hours remove shrub, turf or ground cover, which is damaged or lost due to any cause after notification to City. The size and species of replacement shrubs, turf or ground cover plants shall be as directed by the Supervisor. At the time of planting, soil will be amended based on soil needs. The Contractor shall replace plant material lost at their own expense as a result of inadequate maintenance. The cost of plants not replaced by the Contractor will be taken from the monthly contract payments. City labor costs will also be billed to the Contractor.
f. Where redevelopment/or construction may involve any of the work area, the Supervisor may delete a property or properties from contractual maintenance during the construction period. The deletion of this property will reflect in the monthly reimbursement to the Contractor.

15 Turf Grass Mowing
(1) Grass in this contract may be mowed with power-propelled mowers.

Mowing height shall be per Industry Standard for the respective turf.

Tall fescue grass shall be cut at a height of 2 inches to 2 1/2 inches.

The mowers shall be maintained so as to provide a smooth even cut without tearing. The reel or blade adjustment will provide a uniform, level cut without ridges or depressions. Grass clippings shall be collected and removed after each mowing. Any use of mulching mowers must receive prior approval from the Supervisor.
(2) Frequency: Refer to the maintenance schedule for detail. Inclement weather may preclude adherence to the frequency schedule. The Contractor may request alteration of this mowing frequency from the Supervisor, for reasons of rain or prolonged cold. During which time the Contractor may be requested to provide up to five (5) employees to assist City crews.

Contractor will not be permitted to use a line trimmer around trees. Line trimmers may be used around posts, valve boxes, and sprinkler heads upon approval from Supervisor.
g. Edging
Turf growing adjacent to tree trunks shall be sprayed to a minimum of six inches in all directions. Contractor shall not remove turf to create a dirt basin around trees, boulders, fencing light standards, valve boxes, or other obstacles. Areas near sprinklers shall be trimmed when necessary to allow for maximum sprinkler coverage.

All turf shall be edged adjacent to all improved surfaces, and where no improved surface exists turf edges shall be maintained as if the turf area abuts a shrub bed, property line or to maintain a turf delineation. Edging shall be accomplished weekly.

Clippings from edging must be swept and picked up when edging medians. Chemical edging is permitted along chain-link fences and block walls without concrete edging strips. The width of the chemical edge shall not exceed ten (10) inches. h. Ground Covers
Ground cover beds shall be maintained within their intended bounds, edged every week and shall not be permitted to encroach into lawns, shrub beds or adjacent areas.

Use of a line trimmer is not acceptable.

All ground cover beds shall be chemically sprayed with the approved herbicide or other Supervisor approved method to maintain a weed-free environment.

16 i. Sidewalks and Other Paved Surfaces
All sidewalks and other paved surfaces shall be maintained in a safe, non-hazardous and usable condition at all times. The Contractor shall remove stones, paper weeds, leaves, twigs and all other debris from paved areas. Sweeping and removal of debris from sidewalks and paved areas shall be done on a continuing basis. Any damage to sidewalks or surfaced areas requiring repair shall be promptly reported to the Supervisor (e.g., tree roots creating a tripping hazard). j. Reporting Damage or Malfunction
Any damages to or malfunction of any facility not specifically provided for above shall be promptly reported to the Supervisor within 24 hours of issue. k. Inspection
The City shall inspect the work area to insure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the contractor of the duty to provide continuous inspection of the work area. The Contractor shall correct discrepancies and deficiencies in the work immediately. After verbal notification, the Contractor has five working days to correct the discrepancies or forfeit the monthly payment for that property.
l. Vandalism
Any vandalism damage caused to the irrigation system, landscaping, and other City property shall be reported to the Supervisor immediately. All damages caused by vandalism shall be repaired and replaced at City cost. City may elect to repair with City forces or contract with Contractor on time and material basis. m. Site Cleanup
All landscape debris must be disposed of and removed from the site by the Contractor. Areas, which are blown off, must either be blown back on to the turf or blown into a pile to be picked up and removed. Blowing debris into the street will not be allowed. No City container shall be used for the disposal of landscape debris.

On medians string trimmers are prohibited.
n. Chemical Application
The Contractor is responsible for providing recommendations made by a licensed pest control advisor. All chemicals are to be applied by a certified applicator in accordance with current State regulations. SDS and label information sheets shall be given to the City for those chemicals or products used by the Contractor. The Contractor shall also give the City three (3) working days’ notice prior to the application of any chemical. Contractor on an annual basis must provide usage reports to the division for the previous year.

17 o. Traffic Control
It shall be the Contractor's liability to ensure that work performed in the streets (right-of-way) is conducted in a safe manner for both adjacent traffic and the Contractor's crew. Proper coning of work areas or lanes closed, as the result of median maintenance, must follow State standards. During any lane closure, the Contractor must retain a crew at the work site for the duration of the closure. p. Safety
Contractor shall be responsible for insuring that his crews are furnished with proper safety gear and instructed in the safe use of any equipment used for their operation.

Copies of safety tailgate meeting records must be supplied upon request to the City.

Failure to comply with proper safety standards may result in termination of the Contract.

18 MAINTENANCE STANDARDS FOR GROUPS I - II

I - Well Sites
II - Medians, Mini-Parks and
Frontages

Task Daily Weekly Monthly Other Comments
Mow I - II Mulching mowers must be
approved by Supervisor
Edge I – II
Weed beat I – II
Trimming I - II
Trash Pick Up I - II Trash cans emptied weekly.

Fertilize I - II
Quarterly
Time, rate and material must
be approved by Supervisor.

Broadleaf Weed Control (turf) I - II
Semi-
annual
Time, rate and material must
be approved by Supervisor.

Crabgrass Control (turf) I - II
Feb.- April
Time, rate and material must
be approved by Supervisor.

Aerate (turf) I - II
April,
September

Vertical Mowing/Dethatching I – II
May

Median Weed Control

I - II

Agenda Item - 6.j.

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM
To: Lisa L. Kim From: William E. Murray
Dept.: City Manager Dept.: Public Works
Subject: Award a contract to CEM
Construction Corporation for
the construction of the
Anabel-Woodbury Water
Improvement Project No.

CP1287000.
(Cost: $2,097,545) ( Action
Item)
Date: 7/25/2023

OBJECTIVE
To recommend that City Council award a contract to CEM Construction Corporation for the construction of Project No. CP1287000 – Anabel - Woodbury Water Improvement Project.

BACKGROUND
The 2020 Water Master Plan has identified the Anabel - Woodbury Water Improvement Project as a priority project due to fire flow deficiency. The construction of this project will increase fire flow capacity and meet the Orange County Fire Authority (OCFA) fire flow requirements surrounding Woodbury Elementary; Anabel Avenue, from school entrance to Libby Lane, Libby Lane from Anabel Avenue to Woodbury Road, and Woodbury Road from Euclid Street to Newhope Street.

The water improvements include the installation of approximately 970 feet of 12-inch polyvinyl chloride (PVC) pipe, 3,140 feet of 8-inch PVC pipe, and 110 feet of 6-inch PVC domestic water pipe. It also includes the construction of approximately 11 fire hydrant assemblies, 82 water service connections and nine (9) connection points at existing mains. This project will abandon approximately 4,245 feet of 4 and 6-inch AC pipe.

DISCUSSION
Six (6) bids were received and opened by the City Clerk’s Office on June 19, 2023, at 10:00 a.m. (see Bid Summary Sheet). The lowest responsive bidder is CEM Construction Corporation, with a total bid of $2,097,545. The licenses and

references of the contractor have been reviewed and verified by staff, and all other documentation is in order. The anticipated contract schedule is as follows:

Award contract July 25, 2023
Begin construction August 16, 2023
Complete construction December 15, 2023

FINANCIAL IMPACT
There is no impact to the General Fund. This project is included in the Adopted Fiscal Year 2023-24 Capital Improvement Plan, and will be funded in the Water Utility Fund.

RECOMMENDATION
It is recommended that the City Council:

Award a contract to CEM Construction Corporation for $2,097,545 for the construction of Project No. CP1287000, Anabel - Woodbury Water Improvement Project; and

Authorize the City Manager to execute the agreements on behalf of the City, and make minor modifications as appropriate.

By: Jessica Polidori, Associate Engineer
ATTACHMENTS:

Description Upload Date Type File Name
Conformance
Agreement 7/17/2023 Agreement Conformance_Copy_CP1287000_071723.pdf Attachment No. 1 - Bid
Summary Sheet 7/17/2023 Backup Material ATTACHMENT_NO._1_- _BID_SUMMARY_SHEET.pdf

•
•
SPECIFICATION NO. 780

FOR THE CONSTRUCTION OF
ANABEL ~ WOODBURY

WATER IMPROVEMENT PROJECT

PROJECT NO. CP.1287000 -- DRAWING NO. W-632

May 2023

Owner:

City of Garden Grove
Public Works Department
Water Services Division
13802 Newhope Street
Garden Grove, CA 92843

contormance copy

SPECIFICATION NO. 780

FOR THE CONSTRUCTION OF
ANABEL~ WOODBURY

WATER IMPROVEMENT PROJECT
PROJECT NO. CP. 1287000 -- DRAWING NO. W-632
Design Engineer
City of Garden Grove
Public Works Department
Water Serices Division
Prepared By:

Checked By:

Re 7a Li, P.E.

Project Manager
RCE No. C70167
Expiration Date 9/30/2024
Owner
City of Garden Grove
Public Works Department
Water Services Division
Daniel
City En
RCE No. C52 l 25
Expiration Date 12/31/2024
Approved By:
w·
Pu
RC
Expiration Date 06/30/2023
ii
SPECIFICATION NO. 780

FOR THE CONSTRUCTION OF
ANABEL ~ WOODBURY

WATER IMPROVEMENT PROJECT

PROJECT CP. NO. 1287000 -- DRAWING NO. W-632

TABLE OF CONTENTS

SECTION TITLE PAGE(S)
INSTRUCTIONS TO BIDDERS ........................................................................................ 2 SECTION 1 - NOTICE TO CONTRACTORS .................................................................... 3 A - INFORMATION FOR BIDDERS ............................................................. 3 B – ADVERTISEMENT FOR BIDS ............................................................... 6 C – ENGINEER’S QUANTITY ESTIMATE ................................................... 9 SECTION 2 - CONTRACTOR'S PROPOSAL ................................................................ . 12 SECTION 3 - DESIGNATION OF SUBCONTRACTORS/REFERENCES ....................... 19 SECTION 4 – AFFIDAVIT TO ACCOMPANY PROPOSAL ............................................. 20 A - PREVIOUS DISQUALIFICATION QUESTIONNAIRE .......................... 22 B - QUESTIONNAIRE TO GENERAL CONTRACTORS ........................... 23 C - QUESTIONNAIRE REGARDING BIDDERS ........................................ 23 D - CONTRACTOR'S QUESTIONNAIRE .................................................. 26 BID BOND ................................................................................................ . 27 CONSTRUCTION AGREEMENT ............................................................. 29 AGREEMENT ........................................................................................... 29 FAITHFUL PERFORMANCE BOND .......................................................... 43 LABOR AND MATERIAL BOND ................................................................ 45

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF
RETENTION ............................................................................................. 47 SECTION 6 - GENERAL CONDITIONS ......................................................................... 50 SECTION 7 - SPECIAL PROVISIONS ............................................................................ 63

APPENDICES
APPENDIX A: CITY OF GARDEN GROVE WATER SERVICES DIVISION STANDARD

SPECIFICATIONS / STANDARD PLANS
APPENDIX B: ADDITIONAL INSURED ENDORSEMENT
APPENDIX C: WATER SERVICE AND METER SURVEY REPORT

- 1 -

SPECIFICATION NO. 780

FOR THE CONSTRUCTION OF
ANABEL ~ WOODBURY

WATER IMPROVEMENT PROJECT

PROJECT CP. NO. 1287000 -- DRAWING NO. W-632

The Anabel ~ Woodbury Water Improvement Project consists of installing new 8 & 12-inch PVC pipe and abandoning 6-inch AC pipe. There will be approximately 4,200 linear feet of PVC pipe installed and 4,245 linear feet abandoned. The construction will include the installation of fittings, gate valves, fire hydrants, water services and appurtenances, trenching, shoring, backfilling, compaction, asphalt repair and replacement, street replacement and pipe disinfection and testing.

The project area extends to Woodbury Elementary School and Woodbury Park. A portion of the work will be within an existing easement in The Bungalow Apartments. Project phasing will be determined necessary based on school operations, efforts to minimize impact on school traffic is a priority.

The project will also require traffic control plans, permits and implementation, storm water protection, potholing, cutting and capping to be abandoned existing water mains, cutting and capping to be abandoned service laterals, temporary offsets of the existing water main to allow installation of the new water main, coordinating customer shutdown time, distributing shutdown resident notification letters, demolition and disposing of Asbestos Cement Pipe (ACP) hazardous waste material, traffic striping and appurtenant work.

Construction hours in front of Woodbury Elementary School on Woodbury Avenue, Anabel Avenue, Libby Lane and Phyllis Place must be restricted to the hours of 9:00 A.M. to 2:00 P.M. while school is in regular session. Class schedules vary throughout the week. See school website for current schedule information.

INSTRUCTIONS TO BIDDERS
SUBJECT: ANABEL~ WOODBURY WATER IMPROVEMENT PROJECT
PROJECT CP. NO. 1287000 -- DRAWING NO. W-632
Gentlemen/Ladies:

Enclosed are the plans, specifications, proposal, and contract forms for the subject project.

Please submit your bid on the proposal form provided and include the Designation of SUBCONTRACTORs/References and appropriate affidavit properly filled out.

The remaining documents need not be returned since the fee paid for them is not refundable. Two (2) sets of plans and specifications will be furnished to the successful bidder and one (1) set each to all designated SUBCONTRACTORs, free of charge, after award of contract.

The CONTRACTOR will be required to pay the latest prevailing wage rates as established by the latest State of California, Department of Industrial Relations.

Any questions regarding this project should be directed to the Project Manager, Jessica Polidori, at (714) 741-5349.

Daniel J. Can
City Engineer
Public Works Department
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- 3 -
SECTION 1 - NOTICE TO CONTRACTORS

SECTION A - INFORMATION FOR BIDDERS

1. Minimum Qualifications: General CONTRACTOR shall have a current Class “A” license in good standing with the Department of Consumer Affairs - California State License Board.

The General Contractor shall submit, along with their proposal, Section 3, Section 4 (4-B, 4-C, and 4-D) of this document. List five (5) projects in Section 4- C performed by the Contractor that includes the installation of 8-inch and larger diameter pipe, minimum 1,000 linear feet encroaching the public right-of-way. This list shall include the size of the project in dollars, the agency or client for whom the work was performed and the name and title of the agency or client for whom the work was performed.

2. Preparation of Bid Form: Bids must be submitted on the prescribed form. All blank spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. The signature of all persons signing shall be in longhand. The completed bid form shall be without alterations or erasures.

All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted.

It is the sole responsibility of the bidder to see that their bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be considered. No oral, telephonic or telegraph modifications will be considered.

Before submitting bids, bidders and their SUBCONTRACTORs shall be licensed in accordance with the provisions of the Business and Professions Code.

The bidder shall state in words and figures, the unit prices or the specific sums, as the case may be, for which he/she proposes to perform the work as required by the specifications.

In case words and figures do not agree, the words shall govern and the figures shall be disregarded. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention and the totals will be corrected to conform.

Failure by CONTRACTOR to fill in appropriate blanks in bid proposals may cause rejection of his/her proposal at the discretion of the City Engineer.

3. Examination of Site, Drawings, etc.: Each bidder shall visit the site of the proposed work.

He shall fully acquaint himself with all conditions relating to construction and labor involved so that he may fully understand the facilities, difficulties and restrictions attending the execution of the work under the contract. Bidders shall thoroughly examine any form, instrument, addendum or other document and be familiar with the drawings and specifications. The failure or omission of any bidder to receive or to examine any form, instrument, addendum or other document or to visit the site and become familiar with existing conditions shall in no way relieve any bidder from obligation with respect to their bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

SECTION A - INFORMATION FOR BIDDERS (Continued)

- 4 -

4. Withdrawal of Bids: Any bidder may withdraw their bid, either personally or by telegraphic or written request, at any time prior to the scheduled closing time for receipt of bids.

5. Agreement and Bonds: The construction agreement, which the successful bidder, as CONTRACTOR, will be required to execute and the forms and amounts of the bonds which it will be required to furnish at the time of the execution of the Agreement, are included in the Contract Documents, and should be carefully examined by the bidder. The Agreement and the Bonds will be executed in one original.

6. Interpretation of Drawings and Documents: If any person contemplating submitting of a bi d for the proposed contract is in doubt as to the meaning of any part of the plans, specifications, or other proposed omissions from the drawings, etc., he may submit to City of Garden Grove (CITY) a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of documents. CITY will not be responsible for any other explanation or interpretation of the proposed documents.

7. Opening of Bids: Bids will be opened and publicly read aloud at the time set in the ADVERTISEMENT FOR BIDS in the Planning Conference Room at City Hall.

8. Bidder's Security: CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.

In addition, if CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the time as stated above, his or her bidder’s bond or check and the monies represented thereby, or the cash guaranty, shall be and remain the property of the CITY and shall be subject to deposit with the finance director of the CITY as other monies belonging to the CITY.

9. Other Requirements : The bidders’ attention is specifically directed to the requirements of the Contract Documents with reference to insurance, maintenance of facilities at the site of the project, and the inspection and testing of materials.

10. Award of Contract: The Contract will be awarded to the lowest responsible bidder, or bidders, complying with these instructions and with Section B - ADVERTISEMENT FOR BIDS. CITY, however, reserves the right to reject any or all bids and to waive any informality in the bids received.

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

SECTION A - INFORMATION FOR BIDDERS (Continued)

- 5 -

11. Lowest Responsible Bidder: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing, but also to the general competence of the bidder for the performance of the work covered by the proposal. To receive favorable consideration, a bidder must present evidence that he has successfully performed similar work of compatible magnitude or submit other evidence satisfactory to the CITY that he or his associates are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements.

12. Bidders Interested in More than One Bid: No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are called for. A person, firm, or corporation who has submitted a sub-proposal to a bidder or who has quoted prices of materials to the bidder is not thereby disqualified from submitting a sub-proposal or quoting prices to other bidders.

13. Non-Collusion Affidavit: The CITY reserves the right, before any award of the contract is made, to require any bidder to whom it may make an award of the principal contract to execute a Non-Collusion Affidavit.

CITY also reserves the right to require that the principal CONTRACTOR shall, before awarding any subcontract, secure a Non-Collusion Affidavit from the proposed SUBCONTRACTOR.

14. Non-Discrimination Policy: CITY hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county in which the work is to be done has been determined and the Department has listed these wage rates in the Department of Transportation publication entitled Equipment Rental Rates and General Prevailing Wage Rates.

15. In order to help eliminate combinations or schemes, which restrain free competition in the procurement of bids on public construction projects and, in compliance with a request from the Department of Justice, the c ompletion of all the “Questionnaires” to General CONTRACTORs is mandatory for a valid bid. Said questionnaire, in Section 4-B, 4-C, and 4-D of this document, shall be returned with bid proposal.

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

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SECTION B – ADVERTISEMENT FOR BIDS

1. Sealed Bids, marked "CONSTRUCTION OF ANABEL ~ WOODBURY WATER IMPROVEMENT PROJECT CP. NO. 1287000" will be received by the City Clerk in the City Hall, 11222 Acacia Parkway, Garden Grove, California until 10:00 AM, on Monday, June 19, 20 23, at which time they will be publicly opened in the Planning Conference Room CH-1 North (1st Floor) at City Hall. Any questions regarding this project should be directed to the Project Manager, Ms. Jessica Polidori, at (714) 741-5349.

2. The plans, specifications and contract documents may be purchased from ARC for the price of ninety-seven dollars and seventy six cents ($ 97.76). The price does not include tax or shipping if needed. The documents may be made available for “will call” or shipped directly to you. Please contact:

ARC
345 Clinton Street
Costa Mesa, CA 92626
www.e-arc.com/ca/costamesa
(949) 660-1150 (ask for the Planwell Department)
Or you can e-mail your order to [email protected]

3. In conformance with Section 37931 of the Government Code, all bids shall be presented under sealed cover on the proposal form provided and accompanied by one of the following forms of bidder's security:

a. Cash.
b. Cashier's check made payable to the City of Garden Grove. c. A certified check made payable to the City of Garden Grove. d. A bidder's bond executed by an admitted surety insurer, prepared on the forms provided and made payable to the City of Garden Grove.

4. The security shall be in an amount equal to at least 10 percent of the amount bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it.

5. A Surety Bond for payment of Labor and Material in the amount of 100 percent of the estimated total contract price and Faithful Performance Bond in the amount of 100 percent of the total contract price, both prepared on the forms provided, will be required at the time of signing the contract agreement.

6. The CITY reserves the right to reject the bid of any or all Bidders for any reason and to waive any informality or irregularity in the bids received. The CITY also reserves the right to withdraw this Invitation for Bids at any time for any reason without prior notice and the CITY makes no representations that the contract will be awarded to any Bidder responding to this Invitation for Bids.

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

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The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements specified. The award will be made within 90 days after the opening of the proposals. This period will be subject to extension for such further period as may be agreed upon in writing between the CITY and the lowest responsible bidder. All bids will be compared on the basis of the Engineer’s Estimate of the quantities of work to be done.

The CITY also reserves the right to determine whether a Bidder is a responsible Bidder based on the Bidder’s trustworthiness, quality, fitness, capacity, experience, and ability to perform as required under this Invitation for Bids. Any Bidder, or any officer of such Bidder, or an employee of such Bidder who has a proprietary interest in such Bidder, who has been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of law or a safety regulation, may be determined to be a non-responsible Bidder.

A designee or designees of the Public Works Director shall perform the evaluation of a Bidder’s responsibility. When the Public Works Director’s designee determines that a Bidder is disqualified as non-responsible, the Public Works Director’s designee shall mail to the affected Bidder the disqualification determination, the basis for the determination, and any supporting evidence that the Public Works Director’s designee received or relied on relating to such determination.

Any Bidder who disagrees or disputes the non-responsible determination, may appeal such rating or determination. Such appeal may only be taken by filing a written notice of appeal with the City Manager within five working days after the Public Works Director’s designee has mailed notice of the rating or determination. Within five working days of the receipt of an appeal, the City Manager, or a designee of the City Manager who has not been involved in the evaluation of qualifications of CONTRACTORs for the subject project, shall conduct a hearing on the appeal. During the hearing, the affected Bidder shall have the opportunity to rebut any evidence used as a basis for the non-responsible determination and to present evidence to the City Manager or the City Manager’s designee hearing the appeal as to why the Bidder should be found responsible. Within five working days of the conclusion of the hearing, the City Manager or the City Manager’s designee hearing the appeal shall issue a written decision on the appeal and such decision shall be final.

7. The CITY has determined the prevailing rate of per diem wages for the doing of this work, the scale of wages is set forth by Resolution No. 5730-79 of the City Council, this resolution is on file in the office of the City Clerk of the City of Garden Grove, and is hereby made a part of and is incorporated herein.

8. Apprentices may be employed in conformity with Section 1777.5, 1777.6 and 1777.7 of the California Labor Code. Every apprentice shall be paid the standard wage paid to apprentices under the regulations of the trade at which he/she is employed. Information relative to the employment of apprentices shall be obtained from the Director of the Department of Industrial Relations, who is the Administrative Officer of the California Apprenticeship Council.

9. Copies of all collective bargaining agreements relating to the work as set forth in the aforementioned Labor Code are on file and available for inspection in the office of the State of California, Department of Industrial Relations, Division of Labor Statistics and Research.

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

SECTION B - ADVERTISEMENT FOR BIDS (Continued)
- 8 -

10. In order to help eliminate combinations or schemes, which restrain free competition in the procurement of bids on public construction projects and, in compliance with a request from the Department of Justice, the completion of the "Questionnaire to General CONTRACTORs" is mandatory for a valid bid. Said questionnaire, in Section 4-B, 4-C, and 4-D of this document, shall be returned with bid proposal.

11. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

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SECTION C – ENGINEER’S QUANTITY ESTIMATE

ANABEL – WOODBURY WATER IMPROVEMENT PROJECT

PROJECT CP. NO. 1287000 -- DRAWING NO. W-632

TOTAL

ITEM DESCRIPTION OF WORK
APPROX.

QUANTITY UNIT

1. Clearing and Grubbing including Mobilization/Demobilization 1 LS

2. Furnish and Install 12-inch PVC Pipe, C-900 DR-14 Class 200 water pipe including fittings, thrust blocks and other appurtenances. Work includes sheeting, shoring and bracing at all excavations, trenching, backfill, compaction and asphalt repair and replacement per Std. Plan B-134, B-101-104 and Plans.
970 LF

3. Furnish and Install 8-inch PVC Pipe, C-900 DR-14 Class 200, water pipe, including fittings, thrust blocks and other appurtenances. Work includes trenching, backfill, compaction and asphalt repair and replacement per Std. Plan B-134, B-101-104 and Plans.
3140 LF

4. Furnish and Install 6-inch PVC Pipe, C-900 DR-14 Class 200, water pipe, including fittings, thrust blocks and other appurtenances. Work includes trenching, backfill, compaction and asphalt repair and replacement per Std. Plan B-134, B-101-104 and Plans.
110 LF

5. Furnish and Install 4-inch PVC Pipe, C-900 DR-14 Class 200, water pipe, including fittings, thrust blocks and other appurtenances. Work includes trenching, backfill, compaction and asphalt repair and replacement per Std. Plan B-134, B-101-104 and Plans.
24 LF

6. Furnish and Install 12-inch ductile iron, resilient wedge gate valves per City Standard Plans B-712, and B-752
6 EA

7. Furnish and Install 8-inch ductile iron, resilient wedge gate valves per City Standard Plans B-712, and B-752
17 EA

8. Furnish and Install 6-inch ductile iron, resilient wedge gate valves per City Standard Plans B-712, and B-752
1 EA

9. Connect new main (tie-in) to existing 4”, 6", 8" AC mains, and 12" Steel mains per location. Include all pipes, and fittings include welding for 12” Steel Main
9 EA

10. Tie-in and abandonment at Salinaz Dr. and Newhope St. to existing 12” Steel Main (See Detail 5)
1 LS

11. Abandonment at Westminster Ave. and Newhope St. (See Detail 6) 1 LS

12. Abandonment of existing 8-inch at Apartment Complex Easement including trenching, backfill, compaction, asphalt and cross gutter repair and replacement. Removal of existing pipe, fittings, thrust blocks and or appurtenances necessary to complete reconnection per Detail 3 on Sheet 4.
1 LS

13. Abandon in place and/ or remove existing 4”, 6”, 8” and 12” mains and plug open ends per Plans
4,245 LF

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

SECTION C – ENGINEER’S QUANTITY ESTIMATE (Continued)

- 10 -

14. On abandoned main, turn valves into the “closed” position and abandon valve in place. Remove and dispose of valve can and lid.

Include backfill, compaction and pavement repair and replacement. 10 EA

15. Install 1-inch water service assembly per City Std. Plan B-721 (Sheet 9 – Exclude Note 4). Include replacement of existing meter (size on size) with sensor Sensus SR11 AMI smart meter, and new meter box with anti-float lid within 3-10 feet from existing meter box. Install meter box with new concrete replacement per Std. Plan B-718 of these Specifications
1 EA

16. Install 1-inch water service assembly per City Std. Plan B-721 (Sheet 9 – Exclude Note 4). Include replacement of existing meter (size on size) with sensor Sensus SR11 AMI smart meter, and new meter box with anti-float lid within 3-feet from existing meter box. Install meter box with new concrete replacement per Std. Plan B-718 of these Specifications
82 EA

17. Install Temporary Vertical Offset and Remove/Relocate as Needed per Detail 10
7 EA

18. Install Permanent Half Vertical Offset as Needed per City Std. Plan B-765.
1 EA

19. Remove and salvage existing Fire Hydrant Assembly. Return FH to City.
8 EA

20. Furnish and Install new fire hydrant assembly per City Std. Plan B-701 and B-702 including a 6-inch fire hydrant, PVC lateral, gate valve, tee/tapping sleeve, bury, concrete ring and coating (See Article 38) 10 EA

21. Furnish and Install new fire hydrant assembly per City Std. Plan B-701 and B-702 including a 6-inch fire hydrant, PVC lateral, gate valve, tee/tapping sleeve, bury, concrete ring and coating, sidewalk repair.

Connect new fire hydrant to existing 6-inch main at 11191 Anabel Avenue (See Article 38)
1 EA

22. Construct Air Release Valve Assembly, complete with appurtenances, trenching, backfill, compaction, pavement repair and concrete repair. (If Needed)
1 EA

23. Remove and Replace sections of existing concrete cross gutter to the nearest joint per City Std. Plan B-119 and Article 24. Location per Plans.
800 SF

24. Remove Existing and Construct PCC Curb & Gutter (Type C-8) per City Standard Plans B-113-116
15 LF

25. Remove Existing and Construct PCC Sidewalk per City Standard Plans B-105/B-106
30 SF

26. Remove Existing and Construct PCC Spandrel per City Standard Plan B-119
90 SF

27. Remove Existing and Construct PCC Bus Pad per City Standard Plan B-126
95 SF

SECTION 1 - NOTICE TO CONTRACTORS (Continued)

SECTION C – ENGINEER’S QUANTITY ESTIMATE (Continued)

- 11 -

28. Traffic Control including Traffic Control Plans, Construction Information Signs (5), electronic Changeable Message Board signs (4), See Article 14
1 LS

29. Allowance to Accommodate Unknown Underground Obstructions, as Directed by City and Only If Required
1 T&M

30. Additional Over-Excavation and ¾” Crushed Rock Bedding and/or SE 30 or better sand including disposal (Only if Required) 50 TON

31. Removal, Transport, Treatment and/or Disposal of Contaminated Soil (Only if Required)
50 TON

32. Additional Potholing on Utilities that are not Identified in the Plans (Only if Required)
5 EA

33. Implement Rule 1166 and obtain Permits 1 LS

34. Remove, Dispose and Reconstruct Full Depth of A.C. and A.B.

Pavement, Outside of Trench Areas and T-Cap (Only if Required) 1,000 SF

SECTION 2 -CONTRACTOR'S PROPOSAL
CONTRACTOR'S NAME: CEM CONSTRUCTION CORPORATION

THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS

CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92840
SUBJECT PROJECT:

Gentlemen:

ANABEL -WOODBURY WATER IMPROVEMENT PROJECT
PROJECT CP. NO. 1287000 --DRAWING NO. W-632
The undersigned, having carefully examined the Plans and Specifications for the above subject project and having personally visited the site of the work and been made familiar with the conditions, HEREBY PROPOSE to furnish all labor, materials, equipment and transportation, and do all the work required to complete the said work in accordance with the said Plans and Specifications for the unit prices named in the following bid proposal. Furthermore, the following bid items include removal and replacement of Concrete and/or AC pavement, markers, and striping.

Approx.

Item Quantity

1. 1 LS

TOTAL BID PROPOSAL
Item With Unit Price Written In Words
Clearing and Grubbing including
Mobilization/Demobilization
Per Lump Sum
Furnish and Install 12-inch PVC Pipe, C-900 DR-
14 Class 200 water pipe, fittings, thrust blocks and
appurtenances. Work includes sheeting, shoring,

2. 970 LF and or bracing at all excavations, trenching, backfill, compaction and asphalt repair and
replacement per Std. Plan B-134, B-101-104 &
Plans
Per Linear Foot
Furnish and Install 8-inch PVC Pipe, C-900 DR-14
Class 200, water pipe, fittings, thrust blocks and

3. 3,140 LF appurtenances. Work includes sheeting, shoring, and or bracing at all excavations, trenching,
backfill, compaction and asphalt repair and
-12 -
Unit
Price
Item
Total
$ 100,000.00 $ 100,000.00
$ 200. 00 $ 194,000.00

SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Item
Item Quantit~ Item With Unit Price Written In Words Price Total replacement per Std. Plan B-134, B-101-104 &
Plans 580,900.00
$
185.00
$
Per Linear Foot
Furnish and Install 6-inch PVC Pipe, C-900 DR-14
Class 200, water pipe, fittings, thrust blocks and
appurtenances. Work includes sheeting, shoring,

4. 110 LF and or bracing at all excavations, trenching, backfill, compaction and asphalt repair and
replacement per Std. Plan B-134, B-101-104 &
Plans $ 285.00 31,350.00
$
Per Linear Foot
Furnish and Install 4-inch PVC Pipe, C-900 DR-14
Class 200, water pipe, fittings, thrust blocks and
appurtenances. Work includes sheeting, shoring,

5. 24 LF and or bracing at all excavations, trenching,
backfill, compaction and asphalt repair and
replacement per Std. Plan B-134, B-101-104 &
Plans
$
325.00
$
7,800.00
Per Linear Foot
Furnish and Install 12-inch ductile iron, resilient

6. 6 EA wedge gate valve per City Std. Plan B-712 & B-
752 $ 60,000.00 $10,000.00
Per Each
Furnish and Install 8-inch ductile iron, resilient

7. 17 EA wedge gate valves per City Std. Plan B-712 & B- 752 $ 7,000.00 119,000.00
$
Per Each
Furnish and Install 6-inch ductile iron, resilient

8. 1 EA wedge gate valves per City Std. Plan B-712 & B- 752
$ 5,000.00 $ 5,000.00
Per Each
Connect new main to existing 4", 6", 8" AC mains,

9. 9 EA and 12" Steel main per locations. Include all pipes, and fittings. Include welding for 12" steel main.
$10,000.00 90,000.00
$
Per Each
-13 -
June 2013

SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Item
Item Quantity Item With Unit Price Written In Words Price Total Tie-in and abandonment at Salinaz Dr. and

10. 1 LS Newhope St. to existing 12" Steel Main (See Detail 5) $12,000.00 12,000.00
$
Per Lume Sum

11. 1 LS Abandonment at Westminster Ave. and Newhope
St. (See Detail 6)
$5,000.00 $
5,000.00
Per Lump Sum
Abandonment of existing 8-inch at Apartment
Complex (The Bungalows Apartments) Easement
including trenching, backfill, compaction, asphalt

12. 1 LS and cross gutter repair and replacement. Removal of existing pipe, fittings, thrust blocks and
appurtenances necessary to complete connection
per Detail 3 $ 8,000.00 8,000.00
$
Per Lume Sum

13. 4,245 LF Abandon in place and or remove existing 4", 6" 8" and 12" main and plug open ends per Plans.
$ 6 .00 25,470.00
$
Per Linear Foot
On Abandoned main, turn valves into the "closed"
position and abandon valve in place. Remove and

14. 10 EA dispose of valve can and lid. Include backfill, compaction and pavement repair and
replacement.
$ 1,200.00 $ 12,000.00
Per Each
Install 1-inch water service assembly per City
Std. Plan B-721 (Sheet 9-Exclude Note 4).

Include replacement of existing meter (size on

15. 1 EA size) with Sensus SR11 AMI smart meter, and
new meter box with anti-float lid within 3 to 10
feet from existing meter. Install meter box with
new concrete replacement per Standard Plan B-
718 of these Seecifications.
$3,000.00 $ 3,000.00
Per Each
-14 -
June 2013

SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Item
Item Quantity Item With Unit Price Written In Words Price Total Install 1-inch water service assembly per City Std.

Plan 8-721 (Sheet 9-Exclude Note 4). Include
replacement of existing meter (size on size) with

16. 82 EA Sensus SR11 AMI smart meter, and new meter
box with anti-float lid within 3-feet from existing
meter. Install meter box with new concrete
replacement per Standard Plan 8-718 of these
Specifications.
$ 3,200.00 $ 262,400.00
Per Each
Install Temporary Vertical Offset and

17. 7 EA Remove/Relocate as Needed per Detail 10, Sheet

9. $ 8,200.00 $ 57,400.00
Per Each

18. 1 EA Install Permanent Half Vertical Offset as Needed per City Standard Plan 8-765
$7,000.00 $ 7,000.00
Per Each

19. 8 EA Remove and salvage existing Fire Hydrant
Assembly. Return FH to City.
$ 2,000.00 $ 16,000.00
Per Each
Furnish and Install new fire hydrant assembly

20. per City Standard Plan 8-701 and 8-702
10 EA including a 6-inch fire hydrant, PVC lateral, gate valve, tee/tapping sleeve, bury, concrete ring
and coating (See Article 38)
$ 13,800.00 $ 138,000.00
Per Each
Furnish and Install new fire hydrant assembly
per City Standard Plan 8-701 and 8-702
including a 6-inch fire hydrant, PVC lateral, gate

21. 1 EA valve, tee/tapping sleeve, PVC pipe, couplings, bury, concrete ring, coating and sidewalk repair.

Connect new fire hydrant to existing 6-inch
main at 11191 Anabel Avenue (See Article
38)
$ 15,000.00 $ 15,000.00
Per Each

22. 1 EA Construct Air release Valve Assembly, complete with appurtenances, trenching, backfill,
-15 -
June 2013

SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx. Unit Item
Item Quantitl Item With Unit Price Written In Words Price Total compaction, pavement and concrete repair. (If
Needed)
$ 10,000.00 $ 10,000.00
Per Each
Remove and replace sections of existing

23. 800 SF concrete cross gutter to the nearest joint per City Std. Plan B-119 and Article 24. Location
per Plans.
$ 35 .00 $ 28,000.00
Per Sguare Feet

24. 15 LF Remove Existing and Construct PCC Curb and
Gutter (Type C-8)
$ 300.00 $ 4,500.00
Per Linear Foot

25. 30 SF Remove Existing and Construct PCC Sidewalk
$ 75,00 $ 2,250.00
Per Sguare Feet

26. 90 SF Remove Existing and Construct PCC Spandrel $ 65. 00 $ 5,850.00 Per Sguare Feet

27. 95 SF Remove Existing and Construct PCC Bus
Pad
$ 75.00 $ 7,125.00
Per Sguare Feet
Traffic Control including Traffic Control

28. 1 LS Plans, Construction Information Signs (5),
electronic Changeable Message Board Signs
(4), See Article 14 $109,000.00 $ 109,000.00
Per Lump Sum
Allowance to Accommodate Unknown

29. 1 T&M Underground Obstructions as directed by
City and Only if Required
$100,000 $100,000
Per Time and Material
-16 -
June 2013

SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
Approx.

Item Quantity Item With Unit Price Written In Words

30. 31.

32. 33.

Additional Over-Excavation and ¾ Crushed
50 TON Rock Bedding SE 30 or better sand including
disposal (Only if required)
Per TON
Removal, Transport, Treatment and/or
50 TON Disposal of Contaminated Soil (Only if
required)
5 EA
1 LS
Per TON
Additional Potholing on Utilities that are not
identified in the Plans (Only if Required)
Per Each
Implement Rule 1166 and Obtain Permits
Per Lump Sum
Remove, Dispose and Reconstruct Full

34. 1000 SF Depth of A.C. & AB. Pavement, Outside of
Trench & T-Cap (Only if Required)
Per Square Feet

TOTAL BID PROPOSAL

TOTAL BID PROPOSAL WRITTEN IN
Unit
Price
200.00
Item
Total
10,000.00
$ ____ $ ___ _
980.00 49,000.00
$ ____ $ ___ _
900.00 $ 4,500.00
$ ___ _
$ 12,000.00 $ 12,000.00
$ 6 .00 $ 6,000.00
$ 2,097,545.00
WORDS: two million, ninety-seven thousand, five hundred forty-five hundred and zero cents The foregoing quantities are approximate only, being given as a basis for the comparison of bids, and the City of Garden Grove does not expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Engineer.

NOTE: The contract will be awarded to the lowest responsible bidder, based on the amount shown under TOTAL BID PROPOSAL. IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

It is understood and agreed that:
(a) Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates set forth in the Department of Transportation publication entitled General Prevailing Wage Rates, which is -17 -
June 2013

SECTION 2 -CONTRACTOR'S PROPOSAL (Continued)
a part of the contract shall be posted by the CONTRACTOR at a prominent place at the site of the work.

If there is a difference in the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rates determined by the Director of Industrial Relations, for similar classifications of labor, the CONTRACTOR and its SUBCONTRACTORs shall pay not less than the highest wage rate.
(b) No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal.
( c) CITY will not be responsible for any errors or omissions on the part of the undersigned in making up their bid, nor will bidders be released because of errors. (d) The undersigned is licensed in accordance with the laws of the State of California. (e) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other bidder to put in a sham bid; or any other person, firm or corporation to refrain from bidding, that the undersigned has not in any manner sought, by collusion, to secure for itself an advantage over any other bidder and that the unit prices proposed herein shall remain fully in effect for 85 calendar days from bid opening.

I declare under penalty of perjury that all statements or representations made herein are true and correct.

DATE: 06 .-I( -'2..::.1.J

JESUS E CARRILLO
TYPE OF ORGANIZATION: INDIVIDUAL,

PARTNERSHIP OR CORPORATION
1412 ESPANOL AVENUE MONTEBELLO CA 90640

ADDRESS
323-597-1084 562-381-9129

TELEPHONE FAX
08/31/2024 951234
Expiration Date STATE OF CALIFORNIA LICENSE NUMBER
-18 -
June 2013

SECTION 3-DESIGNATION OF SUBCONTRACTORS/REFERENCES

1. The undersigned certifies that the sub-bids of the following listed SUBCONTRACTORs have been used in making up this bid, and that the SUBCONTRACTORs listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications.

Bidder's Name __ c_E_M_c_o_N_sT_R_u_c_T_ro_N_c_o_R_Po_RA_T_r_oN ______________ _

LIST OF PROPOSED SUBCONTRACTORS
Each bidder is to set forth below the name and business address of each SUBCONTRACTOR with whom the bidder intends to enter into subcontracts for the performance of any work in excess of one-half of one percent of the bidder's total bid, and the portion of the work to be performed by each SUBCONTRACTOR. Substitution of bidders may only be made in accordance with Section 4107 of the Government Code of the State of California. THAT PORTION OF THE WORK TO BE PERFORMED BY SUBCONTRACTORS SHALL, IN THE AGGREGATE, NOT EXCEED 40% OF ALL THE WORK PERFORMED, BASED UPON THE TOTAL DOLLAR VALUE OF THE WORK.

THE GENERAL CONTRACTOR MUST PERFORM AT LEAST 60% OF THE WORK.

Name of
SUBCONTRACTOR Address Phone No. Item of Work

1. N/A N/A N/A
Amount$
License Number:

Exniration Date:

2. N/A
N/A N/A Amount$
License Number:

Exoiration Date:

3. N/A N/A N/A
Amount$
License Number:

Exniration Date:

4. N/A
N/A N/A Amount$
License Number:

Exoiration Date:

5. N/A
N/A N/A Amount$
License Number:

Expiration Date:
-19 -
June 2013

SECTION 4 -AFFIDAVIT TO ACCOMPANY PROPOSAL

USE THIS FORM WHEN BIDDER IS AN INDIVIDUAL
State of California )
) SS. N/A
County of Orange )
(Name) N/A Aff1·ant ~--'-="-'=-'-----------------------------' I being first duly sworn, deposes and says:

That it is the bidder who makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

Subscribed and sworn to before me
N/A
----------------------
This ___ N_/_A _____ day of ______ N_/_A ________ , 20 N/A_ N/A Signature: ---------------
Notary Public in and for the County of ___ N_/A ___ , State of N/A

USE THIS FORM WHEN BIDDER IS A CORPORATION
State of California )
County of Orange ) ss.

PRESIDENT
_J_Es_u_s_E_C_AR_R_I_L_L_o ________ affiant, the--------------- Pres., Sec., or Mgr. Ofer
of __ cE_M_c_o_N_S_TR_u_c_T_r_o_N_co_R_P_O_RA_T_I_ON ____________________ _ Name of Corporation
The corporation who makes the accompanying proposal, having first been duly sworn, deposes and says: That such proposal is genuine and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

Subscribed and sworn to before me
This _\ .... f1__,__ day of ~
Notary Public iOilt County of
Signature: /)I\
June 2013
~ ..\\.;SY e-C4-AA,U..,
~ Signature
ging Officer
I 20 '2.,..-,?
( lJ> ~ State of _C ____ 'JJi_uj __ tJVvvL-~-
-20 -
) ao ~ •.• :. °C!AUDIA rnRNm' MIRAMONlES ~
~ •• COMM. #2394337 o
(.) • NOTARY PUBLIC -CALIFORNIA -i
Q . .· . LOS ANGELES _.

J o • v • v S°'J": exeree. f~:V J 7:.3°:6 (

SECTION 4-AFFIDAVIT TO ACCOMPANY PROPOSAL (Continued)

USE THIS FORM WHEN BIDDER IS A CO-PARTNERSHIP
State of California ) N/A
) ss.

County of Orange ) N/A
N/A Affiant(s),
Being first duly sworn, each for itself deposes and says:

That N/A
(Names of all Partners)
are partners, doing business under the firm name and style of ____ N_/_A ______________ and that said co-partnership
(Name of Firm)
makes the accompanying proposal; that such proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

Subscribed and sworn to before me N/A
---------------------
N / A N/A / This _________ day of _______________ , 20~.

Notary Public in and for the County of
____ N_/A ________ , State of ____ N/_A ____ _
N/A Signature: ______________________ _
-21 -
June 2013

SECTION 4-A -PREVIOUS DISQUALIFICATION QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire:

QUESTIONNAIRE
Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bid, ever been disqualified, removed, or otherwise prevented from bidding on; or completing a federal, state, or local government project because of a violation of law of a safety regulation?
Yes ___ _ No X
If the answer is yes, explain the circumstances in the following space.

N/A
NOTE:

June 2013
This questionnaire constitutes a part of the Proposal and signature on the signature porti~ Pr~~shall constitute signature of this questionnaire. ~~
-22 -

SECTION 4-B -QUESTIONNAIRE TO GENERAL CONTRACTORS

1. Were bid depository or registry services used in obtaining SUBCONTRACTOR bid figures in order to compute your bid?
Yes ( ) No(X)

2. If the answer to No. 1 is "yes," please forward a copy of the rules of each bid depository you used with this questionnaire. N/A

3. Did you have any source of SUBCONTRACTORs' bids other than bid depositories? Yes() No(x)

4. Has any person or group threatened you with SUBCONTRACTOR boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories?
Yes ( ) No (X)

5. If the answer to No. 4 is "yes," please explain the following details:
(a) Date(s): N/A
(b) Name of person or group: N/A
(c) Job involved (if applicable): N/A
(d) Nature of threats: N / A
(e) Additional comments: N/A
(Use additional paper if necessary)
We declare under penalty of perjury that the foregoing is true and correct.

Dated this U' / 6 day of ~ Ur/CS-
~ <l(_

CEM CONSTRUCTION CORPORATION
Name of Company
PRESID
Title
-23 -
June 2013

SECTION 4-C -QUESTIONNAIRE REGARDING BIDDERS
Number of years engaged in the contracting business under present business name 13 years
List of last five contracts performed which show experience in potable water main replacement projects work involved should include installation of 8-inch and larger in diameter pipe for a minimum stretch of 1,000 linear feet within public right-of-way, new water service assemblies and all pertaining work necessary to complete all items in the bid proposal. Failure to submit a complete list will render a proposal informal or nonresponsive and may result in its rejection by Owner.

For whom
Year 11,e work lo be doneTiXRire,R!eY.YePt,r.~ consist Contract Amt. Location Performed & of furnishing all labor, equipment services, transportation 2 0 2 3 and materials necessary for mobilizations, demobilizations, $1 , Q 8 6 1 2 4 Q • Q 0 constructions, installation, testing and completion of a new Phone Number
City of Orange Ryan Visperas
8" and 12" vinyl chloride PVCwater main per project plans & specs. 714.288.2487 / [email protected] fillliilSII 311 l,ibOI, IIIUieJIUI and eqolpiileiil fill h1st,tll,itl0ii 01 Alex Sanchez 2021 l2"and8"C-900mainlinennd4"C-900firelinefornew $1,1001 700. 00 City of Perris development plaza. Installed tire hydrants and valves at street intersections. 949.243.4784/ [email protected]
2023
Remove oml cepl·we existing 8
11 VCP mitb oem 12"VCP
and existing 6" VCP with new 8u VCP, perfom1 Air Test,
Install new 48" manholes, perfonn concrete and asphalt work, $1 , 7 21 , 9 4 5 . 5 0 installation of new stonn drain inlet over 24
11 stonn drain
City of Anaheim Joel Jordan
714.765.5052/[email protected]
ThomasC Lee Re111ovem1u1ep1aceex1st111g4 ,6 ,8, 10 u11u12 vcrplpe, ON-GOING work includes but not limited to 8w feet deep excavation, $ saw cutting, bedding, slurry backfill, new VCP pipe instnllation, 3 4 4 , 2 5 0 • 0 0 sewer Dow rontwl tie*io connection & trnffic contrnl
City of Inglewood 310.412.5333 / [email protected] 2022
Rehabilitation/ replacement approx. 36 sewer lateral at various locations. lnstallednew8",6"and4"VCPandperfomedtestingasneeded. $550,225.00 City of Long Beach Valeri Karakanov Pre and Post CCTV, Jetted and cleaned old lines, Pipe Bursting of8" and 6" 562 570 2331 / l • k k @lb t ---11lim,11e"'"""'""'dHE,t!PPIP'-,o,fft!'B''-,' am,11d,t-,,lr',"-lllim,11c,ss.,tS!C'ctl"Tun,p-s,sc,..11e,c..-tb,.,.Jmp1"'""""• st,h.,,mmi1n,,g-,,mm:1drtt.muttffiie-c-----------------------· --· ___ va_er_i. ara anov t wa er.org control as needed.

REFERENCES:

Following are the names, addresses and telephone numbers of firms or agencies with which you may confirm the past performances of the company in performing work in potable water main replacement projects:

Contact Person Contract
Firm/Address Type of Work Telephone No. Amount
City of Santa Ana
uemontton, grac11ng taramage water quanty e1emen Sean Thomas site Utilities, on site paving, fencing RO Civic Center Plaza M-36 Santa AnaCJ Site Fumishings, Playground &Fitness ,v. 2,776,406.00 ·-.. =---··• in·:_,,,;_,. nnd "•-~~• [email protected] Temple City Site preparation removal & grading of existing Okan Demirci 9701 Las Tunas Drive. Temple City CA
pavement, concrete improvements including grading 2,470,087.50 for proposed restroom building. [email protected] City of Commerce l um1sh/mstall bus shelters and 2 seatmg elements, Ted Villegas 11etered pedestal TYPE III-AF, 3" PVC SCH electrica 494,050.00 2535 Commerce Way Commerce CA
nduit,pull boxes, relocate existing speed readers, 323-722-4805 ext4421 econstruct. curb an~ ~utter, 4" PCC fumish/install City of Inglewood emove /replace ex1stmg 4", 6", 8", 10" 12" VCP pip 1cludes 8-feet deep excavation, saw cutting, bedding
, Thomas C Lee 344,250.00
1 w. Manchester Blvd. Inglewood CA lurry bac~fi.11, new V~P pi~e installation, sewer flow 310-412-5333 ext 5611 City of Norco ·-Sam Nelson \pprox. 1,000 lfof varying size, 30"/ 24" RCP tom1 drain pipe along with 18" RCP lateral pipes, 1,103,644.00 2870 Clark Ave. Norco CA 92860 manholes,und catch basins. 951-270-5677 -24-
June 2013

Bidder's
Name:

Authorized

CEM CONSTRUCTION CORPORATION
Date: 06/12/2023
tate of California CONTRACTOR's License No. __ 9_5_1_2_3_4 ____________ _ '
CONTRACTOR's License Expiration Date ___ o_s_/_3_1_/_2_02_4 ____________ _ -25 -
June 2013

SECTION 4-D -CONTRACTOR'S QUESTIONNAIRE

1. List any lawsuit(s) filed against you or your firm over the past ten (10) years for breach or non-performance of contract:_N_/_A __________________ _

2. List the results of any lawsuit(s):_N_/_A _________________ _

3. List any claim(s) filed by SUBCONTRACTORs against you or your firm over the past ten (10) years:_N_/A ________________________ _

4. List the results of each claim: N/A ---------------------

5. List any disciplinary action and the ultimate disposition within the past ten (10) years taken against you or your firm by the State CONTRACTOR's License Board: __ N_/A ____ _

6. List projects that include the installation of 8-inch and larger in diameter pipe, new water service laterals and meter boxes, fire hydrant assemblies meanwhile keeping the existing water system and customers in service which you have worked on:_N_/_A _____ _

I DECLARE UNDER PENAL TY OF PERJURY THAT THE FOREGOING IS TRUE, COMPLETE, ACCURATE AND CORRECT.

S'~ '--
Dated: e>C -ef-lb -v'l.'3
o<;,-r E; -'lo~
June 2013
-26 -

- 27 -
June 2013

BID BOND
Bond No.

Premium
ANABEL ~ WOODBURY

WATER IMPROVEMENT PROJECT
CP NO. 1287000 -- DRAWING NO. W-632
(10% of aggregate amount of bid)
(Not required if cash, cashier's check or certified check in the required amount accompanies the bid)

KNOW ALL PERSONS BY THESE PRESENTS: those we, ________________________ _______________________________________________________________, As Principal and ___________________________________________________________________, as Surety, are held and firmly bound unto the City of Garden Grove (“CITY”), State of California, the sum of ten percent of the aggregate amount of bid, the payment of which we hereby bind ourselves, our successors, heirs, executors, and administrators, jointly and severally, firmly by these presents.

That the Surety's office is located at ___________________________________________ ____________________, California, Telephone No. ________________________________ and the Surety is licensed to do business in the State of California, and the California resident agent for Surety is __________________________California Insurance Agent License No. ______________.

That the following clause must be completed if in fact a non-resident agent for the Surety is a party to the transaction:

Name of non-resident agent
Non-resident agent's office address

Telephone No. ____________________________________.

The condition of the foregoing obligation is such that, whereas the above principal is about to submit to the Board of the CITY a bid or proposal for the performance of the work therein mentioned, in compliance with the plans and specifications therefore, pursuant to published notice inviting bids:

Now, if the bid or proposal of the principal is accepted and the work awarded to the principal by the CITY, and if the principal shall fail or neglect to enter into a contract in accordance with the provisions of said bid or proposal and the accompanying Instructions and Information for Bidders, and to execute adequate faithful performance and labor and material surety bonds to the satisfaction of the General Counsel of the CITY, then the sum guaranteed by this bond is forfeited to the CITY.

WITNESS OUR HANDS AND SEALS THIS ________ DAY OF ______________ 20____.

Principal
By

Surety

By
Attorney-in-Fact

- 28 -
May 2023
BID BOND (Continued)

STATE OF CALIFORNIA )
) ss.

COUNTY OF )

On this ______________ day of ________________________, 20________, before me, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared _________________________________________________________ known to me to be the Attorney-in-Fact of the _______________________________________ a corporation, (Corporation)
of, _________________________________
(City) (State)
and acknowledged to me that he executed the attached bond to the City of Garden Grove as such Attorney-in-Fact and as the free act and deed of said corporation, and that said bond was executed on behalf of said corporation by authority of its board of directors.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year in this certificate first above written.

____________________________

Notary Public in and for said County and State
My Commission expires: ______________

(Acknowledgment by Non-resident
Agent as Attorney-in-Fact must
be attached)
Approved as to Form:

City of Garden Grove Date
City Attorney

SECTION 5 - AGREEMENT

- 29 -
May 2023

CONSTRUCTION AGREEMENT

THIS AGREEMENT is made this 25th day of July, 2023, by the CITY OF GARDEN GROVE (“CITY”), and CEM CONSTRUCTION CORPORATION , hereinafter referred to as (“CONTRACTOR”)
RECITALS:

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to City of Garden Grove Council Authorization dated July 25, 2023.

2. CITY desires to utilize the services of CONTRACTOR to furnish material, equipment, and labor for the ANABEL ~ WOODBURY Water Improvement Project - CP No. 1287000 -- Drawing No. W-632, Specification No. 780.

3. CONTRACTOR is qualified by virtue of experience, training, education, and expertise to accomplish services.

AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:

5.1 General Conditions. CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the Contract Documents as hereinafter defined, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon CONTRACTOR'S investigation of all such matters and is in no way relying upon any opinions or representations of CITY. It is agreed that this Contract represents the entire agreement. It is further agreed that the Contract Documents including the Notice Inviting Bids, Special Instructions to Bidders, if any, Plans, Specifications and CONTRACTOR's Proposal, are incorporated in this Contract by reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its SUBCONTRACTORs, if any, will be and are bound by any and all of said Contract Documents insofar as they relate in any part or in any way, directly or indirectly, to the work covered by this Contract.

"Project" as used herein defines the entire scope of the work covered by all the Contract Documents. Anything mentioned in the Specifications and not indicated in the Plans, or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy in the Plans or Specifications, the matter shall be immediately submitted to CITY’S Engineer, without whose decision CONTRACTOR shall not adjust said discrepancy save only at CONTRACTOR's own risk and expense. The decision of the Engineer shall be final.

SECTION 5 - AGREEMENT (Continued)

- 30 -
May 2023

5.2 Materials and Labor. CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at CONTRACTOR'S own expense, all labor and materials necessary, except such as are mentioned in the Specifications to be furnished by the CITY, to construct and complete the project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or materials when due, CITY may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, CITY may settle them directly and deduct the amount of payments from the Contract price and any amounts due to CONTRACTOR. In the event CITY receives a stop notice from any laborer or material supplier alleging non-payment by CONTRACTOR, CITY shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees.

5.3 Project. The PROJECT is described as: ANABEL ~ WOODBURY Water Improvement Project - CP No. 1287000 -- Drawing No. W-632, Specification No. 780.

5.4 Plans and Specifications. The work to be done is shown in a set of detailed Plans and Specifications entitled: ANABEL ~ WOODBURY Water Improvement Project - CP No. 1287000 -- Drawing No. W-632, Specification No. 780.

Said Plans and Specifications and any revision, amendments or addenda thereto are attached hereto and incorporated herein as part of this Contract and referred to by reference. The work to be done must also be in accordance with the General Provisions, Standard Specifications and Standard Plans of the CITY, which are also incorporated herein and referred to by, reference.

5.5 Time of Commencement and Completion. CONTRACTOR shall have twenty-one (21) calendar days from the award of the Contract to execute the Contract and supply CITY with all of the documents and information required by the Instruction to Bidders and the other Contract Documents, including but not limited to, the necessary bonds and insurance certificates and endorsements. Once the CITY receives the executed Contract and all of the other properly drafted and executed documents and information, it may issue a Notice to Proceed to the CONTRACTOR. If CONTRACTOR refuses or fails to execute the Contract or refuses or fails to provide the required documents and information within the twenty-one (21) calendar days, the CITY may then rescind the award of the Contract and then award the Contract to the next lowest responsive and responsible bidder.

Upon receipt of the Notice to Proceed, CONTRACTOR agrees to submit shop drawings, proof of payment for materials from supplier and traffic control plans within fourteen (14) calendar days. Further, upon receipt of the Notice to Proceed the CONTRACTOR shall diligently prosecute the work to completion within eighty five (85) total working days excluding delays caused or authorized by the CITY as set forth in Sections 5.7, 5.8 and 5.9 hereof.

SECTION 5 - AGREEMENT (Continued)

- 31 -
May 2023

5.6 Time is of the Essence. Time is of the essence of this Contract. As required by the Contract Documents, CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of CONTRACTOR'S work in conformance with an approved construction progress schedule. CONTRACTOR shall coordinate the work covered by this Contract with that of all other CONTRACTORs, SUBCONTRACTORs and of the CITY, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 5.5 herein. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other SUBCONTRACTORS, and, in general, all matters representing the timely and orderly conduct of the work of CONTRACTOR on the premises.

5.7 Excusable Delays. CONTRACTOR shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which CONTRACTOR is not responsible; any act of negligence or default of CITY; failure of CITY to make timely payments to CONTRACTOR; late delivery of materials required by this CONTRACT to be furnished by CITY; combined action of the workers in no way caused by or resulting from default or collusion on the part of CONTRACTOR; a lockout by CITY; or any other delays unforeseen by CONTRACTOR and beyond CONTRACTOR's reasonable control.

CITY shall extend the time fixed in Section 5.5 herein for completion of the Project by the number of days CONTRACTOR has thus been delayed, provided that CONTRACTOR presents a written request to CITY for such time extension within fifteen (15) days of the commencement of such delay and CITY finds that the delay is justified. CITY 'S decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by CONTRACTOR.

No claims by CONTRACTOR for additional compensation or damages for delays will be allowed unless CONTRACTOR satisfies CITY that such delays were unavoidable and not the result of any action or inaction of CONTRACTOR and that CONTRACTOR took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities would be determined in accordance with SPECIAL PROVISIONS and Section 3-3 of the Standard Specifications for Public Works Construction 2009 Edition (GREEN BOOK). The CITY’S decision will be conclusive on all parties to this Contract.

5.8 Extra Work. The Contract price includes compensation for all work performed by CONTRACTOR, unless CONTRACTOR obtains a written change order signed by a designated representative of CITY specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 5.9 hereof.

CITY shall extend the time fixed in Section 5.5 for completion of the Project by the number of days reasonably required for CONTRACTOR to perform the extra work, as determined by CITY’S Engineer. The decision of the Engineer shall be final.

5.9 Changes in Project.

SECTION 5 - AGREEMENT (Continued)

- 32 -
May 2023

5.9.1 CITY may at any time, without notice to any surety, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes:
a. In the Specifications (including drawings and designs); b. In the time, method or manner of performance of the work; c. In the CITY -furnished facilities, equipment, materials, services or site; or d. Directing acceleration in the performance of the work.

If CONTRACTOR believes that the written order issued as part of this Section 5.9.1 has caused an increase in costs or time, the CONTRACTOR shall submit a written request for equitable adjustment to the CITY that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. Said notice shall be submitted via certified mail within twenty (20) days of the CONTRACTOR’S receipt of the written order. CONTRACTOR’S failure to submit the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of any potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.2 A change may also be any other conflict, difficulty or issue which the CONTRACTOR believes caused any change to the CONTRACTOR’S costs or project schedule, provided CONTRACTOR gives the CITY written notice and a request for equitable adjustment that includes a detailed cost breakdown and time impact analysis in sufficient detail to allow the CITY to analyze the request. The notice shall also state the date the CONTRACTOR became aware of the issue, circumstances and source of the issue and that CONTRACTOR regards the issue as a change order. Said written notice shall be delivered to the CITY via certified mail within twenty (20) days of CONTRACTOR’S first notice of the issue.

CONTRACTOR’S failure to submit the notice, which includes the written request for equitable adjustment within the required twenty (20) days shall constitute a waiver of ant potential change order or claim for said alleged change. The CITY shall review CONTRACTOR’S request and shall provide a written response within thirty (30) days of receipt of the request either approving or denying the request.

5.9.3 Except as provided in this Section 5.9, no order, statement or conduct of the CITY or its representatives shall be treated as a change under this Section 5.9 or entitle CONTRACTOR to an equitable adjustment.

5.9.4 Except for claims based on defective specifications, no claim for any change under paragraph 5.9.1 or 5.9.2 above shall be allowed for any work performed more than 20 days before the CONTRACTOR gives written notice as required in paragraphs

5.9.1 and 5.9.2. In the case of defective specifications for which the CITY is responsible, the equitable adjustment shall include any increased direct cost CONTRACTOR reasonably incurred in attempting to comply with those defective specifications.

SECTION 5 - AGREEMENT (Continued)

- 33 -
May 2023

5.9.5 If CONTRACTOR intends to assert a claim for an equitable adjustment under this Section 5.9, it must, within thirty (30) days after receipt of a denial of a request for equitable adjustment under paragraphs 5.9.1 and 5.9.2, submit a written statement to the CITY setting forth the general nature and monetary extent of such claim.

The CITY may extend the 30-day period. CONTRACTOR’S failure to submit the notice of a claim, within the required thirty (30) days shall constitute a waiver of the claim by the CONTRACTOR.

5.9.6 No claim by CONTRACTOR for an equitable adjustment shall be allowed if made after final payment under this Agreement.

5.9.7 CONTRACTOR hereby agrees to make any and all changes, furnish the materials and perform the work that CITY may require without nullifying this Contract.

CONTRACTOR shall adhere strictly to the Plans and Specifications unless a change there from is authorized in writing by the CITY. Under no condition shall CONTRACTOR make any changes to the Project, either in additions or deductions, without the written order of the CITY and the CITY shall not pay for any extra charges made by CONTRACTOR that have not been agreed upon in advance in writing by the CITY. CONTRACTOR shall submit immediately to the CITY written copies of its firm's cost or credit proposal for change in the work.

Disputed work shall be performed as ordered in writing by the CITY and the proper cost or credit breakdowns therefore shall be submitted without delay by CONTRACTOR to CITY.

5.10 Liquidated Damages for Delay. The parties agree that if the total work called for under this Contract, in all parts and requirements, is not completed within the time specified in Section 5.5 herein, plus the allowance made for delays or extensions authorized under Sections 5.7, 5.8 and 5.9 herein, the CITY will sustain damage which would be extremely difficult and impractical to ascertain. The parties therefore agree that CONTRACTOR will pay to CITY the sum of One Thousand Five Hundred dollars ($1,500.00) per day for each and every calendar day during which completion of the Project is so delayed.

CONTRACTOR agrees to pay such liquidated damages and further agrees that CITY may offset the amount of liquidated damages from any monies due or that may become due CONTRACTOR under the Contract.

5.11 Contract Price and Method of Payment. CITY agrees to pay and the CONTRACTOR agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Two Million, Ninety-Seven T housand, Five Hundred Forty-Five Hundred Dollars and 00/100 ($ 2,097,545.00) as itemized in the bid proposal.

Progress payments shall be made to the CONTRACTOR on a monthly basis for each successive month as the work progresses. The CONTRACTOR shall be paid such sum as will bring the total payments received since the commencement of the work up to ninety-five percent (95%) of the value of the work completed, less all previous payments, provided that the CONTRACTOR submits the request for payment prior to the end of the day required to meet the payment schedule. The CITY will retain five percent (5%) of the amount of each such progress estimate and material cost until 35 days after the recordation of the Notice of Completion.

SECTION 5 - AGREEMENT (Continued)

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May 2023
Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the CITY’S Engineer, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract. Partial payments of the Contract price shall not be considered as an acceptance of any part of the work.

5.12 Substitution of Securities in Lieu of Retention of Funds. Pursuant to Public Contract Code § 22300, the CONTRACTOR will be entitled to post approved securities with the CITY or an approved financial institution in order to have the CITY release funds retained by the CITY to ensure performance of the Contract. CONTRACTOR shall be required to execute an addendum to this Contract together with escrow instructions and any other documents in order to effect this substitution.

5.13 Completion. Within 10 days after the contract completion date of the Project , CONTRACTOR shall file with the CITY’S Engineer its affidavit stating that all workers and persons employed, all firms supplying materials, and all SUBCONTRACTORs upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed under the provisions of the statutes of the State of California. CITY may require affidavits or certificates of payment and/or releases from any SUBCONTRACTOR, laborer or material supplier.

5.14 CONTRACTOR's Employees Compensation

5.14.1 General Prevailing Rate. CITY has ascertained that State prevailing wage requirements of the California Labor Code including Sections 1770, 1771.5, 1773, 1777.5, and 1776 are required to execute this Contract. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the CONTRACTOR and the SUBCONTRACTORs shall pay not less than the higher wage rate. The CITY will not accept the lower State wage rates. This includes “helper” (or other classifications based on hours of experience) or any other classification. A copy of the prevailing rate of per diem wages shall be posted at the job site.

5.14.2 Forfeiture for Violation. CONTRACTOR shall, as a penalty to the CITY, forfeit one hundred dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or any SUBCONTRACTOR under it) less than the greater of State minimum wage rate associated with the duties of the employee in question, in accordance with the State prevailing wage requirements of the California Labor Code, including Sections 1770, 1771.5, 1773, 1777.5, and 1776.

5.14.3 Apprentices. The greater of Section 1777.5, 1777.6 and 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices is applicable to this Contract and the CONTRACTOR shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20)

SECTION 5 - AGREEMENT (Continued)

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working days, or more; or if contracts of specialty CONTRACTORs not bidding for work through the general or prime CONTRACTOR are two thousand dollars ($2,000.00) or more for five (5) working days or more.

5.14.4 Workday. In the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and CONTRACTOR shall not require more than eight (8) hours of labor in a day from any person employed by him hereunder except as provided in paragraph (5.14.2) above. CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et seq.) of the Labor Code of the State of California, and shall forfeit to the CITY as a penalty, the sum of twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by CONTRACTOR or any SUBCONTRACTOR for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one calendar day and forty (40) hours in any one week in violation of said Article.

CONTRACTOR shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by CONTRACTOR in connection with the Project.

5.14.5 Record of Wages: Inspection. CONTRACTOR agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual State prevailing wage paid to each journeyman, apprentice, worker or other employee employed by it in connection with the Project and agrees to require that each of its SUBCONTRACTORs does the same. The applicable CONTRACTOR or SUBCONTRACTOR or its agent having authority over such matters shall certify all payroll records as accurate. CONTRACTOR further agrees that its payroll records and those of its SUBCONTRACTORs shall be available to the employee or employee's representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. CONTRACTOR shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3).

The CONTRACTOR shall submit copies of certified payroll reports and cancelled checks for laborers, every week to the CITY. Certified payroll and cancelled checks submittals are due one month after start of construction and every week thereafter. If the certified payroll and cancelled checks are not submitted, the CONTRACTOR will be notified that compliance is required within five (5) working days or contract work must cease. The CITY will not be responsible for any delay or acceleration charges or any incurred costs or damages as a result of the work stoppage due to CONTRACTOR’s failure to comply. Work shall be cease in an orderly, safe fashion with all vehicle access restored, should this not occur, CITY will correct the deficiencies and deduct the cost from funds due to the CONTRACTOR. In addition, no progress payment shall be made until the copies of certified payroll reports and cancelled checks are submitted.

5.14.6 Contractor Registration. CONTRACTOR and its subcontractors must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement shall not be effective until CONTRACTOR provides proof of registration to the CITY.

SECTION 5 - AGREEMENT (Continued)

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May 2023

5.14.7 Posting of Job Site Notices. CONTRACTOR shall comply with the job site notices posting requirements established by the Labor Commissioner pursuant to Title 8, California Code of Regulations Section 16461(e) or other regulation promulgated pursuant to Labor Code Section 1771.4(a)(2).

5.14.8 Notice of DIR Compliance Monitoring and Enforcement. Pursuant to Labor Code Section 1771.4, this Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

5.15 Surety Bonds. CONTRACTOR shall, upon entering into performance of this Agreement, furnish bonds in the amount of one hundred percent (100%) of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent (100%) of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

5.16 Insurance.

5.16.1 CONTRACTOR is also aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract.

5.16.2 CONTRACTOR and all SUBCONTRACTORs shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the CITY, its Officers, Official Agents Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City and shall issue an insurance certificate and waiver of subrogation to the policy evidencing same.

5.16.3 CONTRACTOR shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations bodily injury and property damage coverage; and builders' all risk insurance. Follows Form excess liability insurance shall be provided for any underlying policy that does not meet the policy limits required by this contract. All insurance coverage shall be in amounts specified by the CITY in the Insurance Requirements and shall be evidenced by the issuance of a certificate and additional insured endorsement in forms prescribed by the CITY and shall be underwritten by insurance companies satisfactory to the CITY for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Claims made and modified occurrence policies shall not be accepted. Said insurance coverage obtained by the CONTRACTOR, excepting workers' compensation coverage, shall name the CITY, its Officers, Official, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by

SECTION 5 - AGREEMENT (Continued)

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May 2023
the CITY, as additional insured on said policies. Additional insured status shall be evidenced in the form of an Additional insured Endorsement (CG 20 10 1185). A sample is included in the appendix of the specifications for reference.

For any claims related to this Project, the Contractor’s insurance coverage shall be primary insurance as respects the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY. Any insurance or self- insurance maintained by the CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents, and Employees, as determined by the CITY shall be excess of the CONTRACTOR’s insurance and not contribute with it.

5.16.4 Before CONTRACTOR performs any work at, or prepares or delivers materials to, the site of construction, CONTRACTOR shall furnish:

COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify CITY of any material change, cancellation, or termination at least thirty (30) days in advance.

Contractor shall also provide a waiver of subrogaton for each policy.

INSURANCE AMOUNTS. CONTRACTOR shall maintain all of the foregoing insurance coverage in force until the work under this Contract is fully completed.

The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under Section 5.17 of this Contract. Notwithstanding nor diminishing the obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted and licensed in California and having a Best's Guide Rating of A-Class VII or better (Claims made and modified occurrence policies are not acceptable):

Workers’ Compensation As required by the State of California.

Employer’s Liability $1,000,000 per accident for bodily injury or disease.

Commercial General Liability (including
operations, products and completed
operations, and not excluding XCU)
$5,000,000 per occurrence for bodily
injury, personal injury and property
damage. Coverage shall include mobile
equipment.

Automobile Liability, including
non-owned and hired vehicles
$2,000,000 combined single limit for
bodily injury and property damage.

Contractors’ Pollution Legal Liability $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

SECTION 5 - AGREEMENT (Continued)

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May 2023
Excess liability, follows form coverage, shall be provided for any underlying policy that does not meet the policy limits required and set forth herein.

Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by CITY.

An Additional Insured Endorsement, ongoing and products-completed operations, and including mobile equipment, for the Commercial General Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.

An Additional Insured Endorsement for Automobile Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of i nsurance and endorsement forms that conform to City’s requirements, as approved by CITY.

An Additional Insured Endorsement for Contractors’ Pollution Legal Liability policy shall designate CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to City’s requirements, as approved by the CITY.

In the event any of CONTRACTOR’S underlying policies do not meet policy limits within the insurance requirements, CONTRACTOR shall provide coverage under an excess liability policy. The policy must be a follows form excess/umbrella policy. CONTRACTOR shall provide the schedule of underlying polices for an excess/umbrella liability policy, state that the excess/umbrella policy follows form on the insurance certificate, and provide an additional insured endorsement for the excess/umbrella liability policy designating CITY, its Officers, Officials, Agents, Employees, Engineers, Volunteers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the CITY as additional insureds.

A primary/non-contributory endorsement shall be provided to CITY for each policy. For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from

SECTION 5 - AGREEMENT (Continued)

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May 2023
whom permits will be obtained and their directors, officers, agents, and employees as determined by CITY. Any insurance or self-insurance maintained by CITY, its officers, officials, agents, employees, and volunteers for this contract and all public agencies from whom permits will be obtained and their directors, officers, agents, and employees, as determined by CITY shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

CITY or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates.

CONTRACTOR shall pay the premiums on the insurance hereinabove required.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR

5.17 Risk and Indemnification. All work covered by this Contract done at the site o f construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify and keep the CITY, its Officers, Agents, Employees, Engineers, and Consultants for this Contract, and all public agencies from whom permits will be obtained and their directors, Officers, Agents and Employees harmless against any and all liability, claims, judgments, costs and demands, including demands arising from injuries or death of persons (CONTRACTOR'S employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigation arising through the negligence or willful misconduct of CITY and will make good to reimburse CITY for any expenditures, including reasonable attorneys' fees CITY may incur by reason of such matters, and if requested by CITY, will defend any such suits at the sole cost and expense of CONTRACTOR.

5.18 Termination.

5.18.1 This Contract may be terminated in whole or in part in writing by the CITY for its convenience, provided that the CONTRACTOR is given (1) not less than ten (10) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination.

SECTION 5 - AGREEMENT (Continued)

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May 2023

5.18.2 If termination for default or convenience is effected by the CITY, an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of termination may be adjusted to cover any additional costs to the CITY because of the CONTRACTOR'S default.

5.18.3 Upon receipt of a termination action under paragraph (5.18.1) or (5.18.2) above, the CONTRACTOR shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract whether completed or in process.

5.18.4 Upon termination under paragraphs (5.18.1) and (5.18.2) above, the CITY may take over the work and may award another party an agreement to complete the work under this Contract.

5.19 Warranty. The CONTRACTOR agrees to perform all work under this Contract in accordance with the CITY 's designs, drawings and specifications.

The CONTRACTOR guarantees for a period of one (1) year from the date of the notice of completion of the work that the completed work is free from all defects due to faulty materials, equipment or workmanship and that he shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs or any damage to other parts of the system resulting from such defects. The CITY shall promptly give notice to the CONTRACTOR of observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs, corrections or other work made necessary by such defects, the CITY may do so and charge the CONTRACTOR the cost incurred. The performance bond shall remain in full force and effect through the guarantee period.

The CONTRACTOR'S obligations under this clause are in addition to the CONTRACTOR'S other express or implied assurances of this Contract or state law and in no way diminish any other rights that the CITY may have against the CONTRACTOR for faulty materials, equipment or work.

5.20 Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Contract, each shall bear its own attorneys' fees, costs and necessary disbursements. Notwithstanding the foregoing, if any action is brought against the CONTRACTOR or any SUBCONTRACTOR to enforce a Stop Notice or Notice to Withhold, which named the CITY as a party to said action, the CITY shall be entitled to reasonable attorneys' fees, costs and necessary disbursements arising out of the defense of such action by the CITY. The CITY shall be entitled to deduct its costs for any Stop Notice filed, whether court action is involved or not.

SECTION 5 - AGREEMENT (Continued)

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May 2023

5.21 Notices. Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing.

To CITY: TO CONTRACTOR:

City of Garden Grove CEM CONSTRUCTION CORPORATION
Public Works Department JESUS CARRILLO, PRESIDENT
Attention: Jessica Polidori 1412 Espanol Avenue,
13802 Newhope Street Montebello, CA 90640
Garden Grove, CA 92843 (323) 597-1084
(714) 741-5349, (714) 638-9906 Fax

SIGNATURE ON NEXT PAGE

SECTION 5 - AGREEMENT (Continued)

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May 2023
IN WITNESS THEREOF, these parties have executed this Construction Agreement on the day and year shown below.

"CITY"

CITY OF GARDEN GROVE

Date:____________________________ By:

Lisa L. Kim
City Manager

ATTEST:

City Clerk

Date:
"CONTRACTOR"

___________________________________________

CONTRACTOR'S State License No.
(Expiration Date: )

By:

Title:

Date:

APPROVED AS TO FORM:

______________________________
City of Garden Grove
City Attorney
If CONTRACTOR is a corporation, a Corporate
Resolution and/or Corporate Seal is required.

Date:___________________________

SECTION 5 - AGREEMENT (Continued)

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May 2023

FAITHFUL PERFORMANCE BOND
Bond No.

Premium

NOTICE: TO WHOM IT MAY CONCERN: those we, ,
,
as Principal, and
as Surety, are held and firmly bound unto The City of Garden Grove, (CITY) in the sum of _____________________________________________________________________________ _
Lawful money of the United States, for the payment of which we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.

That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:

License No.:

Address:

Telephone No.:

That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

1. The Principal has agreed entered into a contract attached hereto, dated the day of , 20___, with THE CITY OF GARDEN GROVE for Construction of Anabel – Woodbury Water Improvement Project - CP No. 1287000 -- Drawing No. W-632, Specification No. 780

2. If the Principal shall well and truly perform, or cause to be performed, each and all of the requirements and obligations of the contract to be performed by the Principal, as set forth in the contract, then this bond shall be null and void; otherwise, it shall remain in full force and effect. In the event that suit is instituted to recover on this bond, the Surety will pay reasonable attorneys' fees.

3. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents or of work performed shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed.

SECTION 5 - AGREEMENT (Continued)

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May 2023
FAITHFUL PERFORMANCE BOND (Continues)

Executed this day of , 20___

Principal Principal

By:

Surety

By:

Attorney-in-Fact

California Resident Agent

By:

Non-resident Agent - Attorney-in-Fact

STATE OF CALIFORNIA )
)
COUNTY OF ) ss.

On this day of , 20 , before me, a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared known to me to be the Attorney-in-Fact of the , of (Corporation)
, and acknowledged that it executed the attached bond to the (State)
Garden Grove Sanitary City as such Attorney- in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.

IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.

(Acknowledgment by Non -
resident Agent as Attorney -
in-Fact must be attached.)
Notary Public in and for said County and State
My Commission expires:

SECTION 5 - AGREEMENT (Continued)

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May 2023

LABOR AND MATERIAL BOND
Bond No.

Premium
NOTICE: TO WHOM IT MAY CONCERN: those we,
,
as Principal, and , as Surety,
are held and firmly bound unto The City of Garden Grove, California ("CITY") in the sum of Dollars ($ ), lawful money of the United States, for the payment of the sum, we bind heirs, our executors, administrators, successors, and ourselves jointly and severally.

That the Surety's office is located at ,
telephone no. ; the Surety is licensed to do business in the State of California; and the California Insurance Agent's License No., address, and telephone no. are as follows:

License No.:

Address:

Telephone No.:

That the following clause must be completed if, in fact, a non-resident agent for the Surety is a party to the transaction:

Name of non-resident agent:

Non-resident agent's office address:

Telephone No.:

THE CONDITION OF THIS OBLIGATION IS SUCH, that:

1. The Principal has entered into a contract attached hereto, dated day of ________________, 20___, with the CITY OF GARDEN GROVE for Construction of ANABEL ~ WOODBURY Water Improvement Project - CP No. 1287000 -- Drawing No. W-632, Specification No. 780

2. If the Principal, its heirs, executors, administrators, successors, or assigns, or SUBCONTRACTORs, shall fail to pay for any materials, provisions, provender, or other supplies or teams, implements, or machinery used in, upon, for, or about, the performance of the improvement, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to work or labor, and provided that the claimant shall have complied with the provision of the code, the Surety or Sureties will pay for same in the amount not exceeding the sum specified in this bond; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees.

3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the contract documents, or of work performed, shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration, or modification of the contract documents, or of work to be performed.

SECTION 5 - AGREEMENT (Continued)

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May 2023
LABOR AND MATERIAL BOND (Continued)

4. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to the claims under Civil Code 3181 et seq., so as to give a right of action to them or their assignees in any suit brought upon this bond.

Executed this day of , 20 .

Principal Principal

By:

Surety

By:

Attorney-in-Fact

California Resident Agent

By:

Non-resident Agent - Attorney-in-Fact

STATE OF CALIFORNIA )
)
COUNTY OF ) ss.

On this day of , 20 , before me, a Notary Public in and for said County and State, personally appeared
known to me to be the Attorney-in-Fact of
the ,of (Corporation)
, and acknowledged that it executed the attached bond to the (State)
Garden Grove Sanitary City as such Attorney- in-Fact and as the free act and deed of the corporation, and that the bond was executed on behalf of the corporation by authority of its Board of Directors.

IN WITNESS WHEREOF, I have herewith set my hand and affixed my Official Seal, the day and year in this certificate first above written.

(Acknowledgment by Non -
resident Agent as Attorney -
in-Fact must be attached.)
Notary Public in and for said County and State
My Commission expires:

SECTION 5 - AGREEMENT (Continued)

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May 2023

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between whose address is ,
hereinafter called "Owner", ,
whose address is ,
hereinafter called "CONTRACTOR", ,
and , whose address
is ,
hereinafter called "escrow agent."
For the consideration hereinafter set forth, the Owner, CONTRACTOR, and escrow agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, the CONTRACTOR has the option to deposit securities with the escrow agent as a substitute for retention earnings required to be withheld by the Owner pursuant to the construction contract entered into between the Owner and CONTRACTOR for in the amount of
dated (hereafter referred to as the "contract"). Alternatively, on written request of the CONTRACTOR, the Owner shall make payments of the retention earnings directly to the escrow agent. When the CONTRACTOR deposits the securities as a substitute for the contract earnings, the escrow agent shall notify the Owner within ten days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the contract between the Owner and CONTRACTOR. Securities shall be held in the name of the , and shall designate the CONTRACTOR as the beneficial Owner.
(2) The Owner shall make progress payments to the CONTRACTOR for those funds which otherwise would be withheld from progress payments pursuant to the contract provision, provided that the escrow agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the escrow agent, the escrow agent shall hold them for the benefit of the CONTRACTOR until such time as the escrow created under this contract is terminated. The CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the escrow agent directly.
(4) The CONTRACTOR shall be responsible for paying all fees for the expenses incurred by the escrow agent in administering the escrow account. These expenses and payment terms shall be determined by the CONTRACTOR and escrow agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest on the interest shall be the sole account of CONTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to the Owner. (6) The CONTRACTOR shall have the right to withdraw all or any part of the principal in the escrow account only by written notice to the escrow agent accompanied by written

SECTION 5 - AGREEMENT (Continued)

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May 2023
authorization from the Owner to the escrow agent that the Owner consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.
(7) The Owner shall have a right to draw upon the securities in the event of default by the CONTRACTOR. Upon seven days' written notice to the escrow agent from the Owner of the default, the escrow agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the contract is final and complete, and that the CONTRACTOR has complied with all requirements and procedures applicable to the contract, the escrow agent shall release to the CONTRACTOR all securities and interest on deposit less escrow fees and charges of the escrow account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.
(9) The escrow agent shall rely on the written notifications from the Owner and the CONTRACTOR pursuant to Sections (1) to (8), inclusive, of this agreement and the Owner and CONTRACTOR shall hold the escrow agent harmless from the escrow agent's release, conversion, and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of the CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of the Owner: On behalf of the CONTRACTOR:

On behalf of the Owner: On behalf of the CONTRACTOR:

Title Title

Name Name

Signature Signature

Address Address

SECTION 5 - AGREEMENT (Continued)

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May 2023
On behalf of the escrow agent:

Title Title

Name Name

Signature Signature

Address Address

At the time the escrow account is opened, the Owner and CONTRACTOR shall deliver to the escrow agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.

Owner/CONTRACTOR Date:

Title/Title

Approved as to Form
City of Garden Grove
City Attorney

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May 2023
SECTION 6 - GENERAL CONDITIONS
INDEX

ARTICLE TITLE PAGE(S)

1. GENERAL DESCRIPTION ............................................................................... 52

2. DEFINITIONS .................................................................................................. 52

3. LOCATION……………………………………………………………………………. 52

4. CONTRACT ..................................................................................................... 52

5. PERFORMANCE BOND .................................................................................. 52

6. RETENTION .................................................................................................... 52

7. BEGINNING OF WORK.................................................................................... 52

8. TIME FOR COMPLETION ................................................................................ 52

9. LIQUIDATED DAMAGES ................................................................................. 52

10. STANDARD SPECIFICATIONS AND STANDARD PLANS .............................. 53

11. MATERIALS ..................................................................................................... 53

12. LICENSES, PERMITS, REGULATIONS AND ORDINANCES .......................... 53

13. WORK OUTSIDE REGULAR HOURS .............................................................. 54

14. PRECONSTRUCTION CONFERENCE ............................................................ 55

15. QUANTITIES OF WORK .................................................................................. 55

16. LEGAL RELATIONS AND RESPONSIBILITY ................................................... 55

17. PROSECUTION OF WORK ............................................................................. 55

18. EXAMINATION OF PREMISES ........................................................................ 55

19. TERMS OF CONSTRUCTION AS USED IN THESE SPECIFICATIONS .......... 56

20. RECORD DRAWINGS ..................................................................................... 56

21. SUBMITTALS (SHOP DRAWINGS) ................................................................ . 56

22. SUPERINTENDENCE OF LABOR AND COMPETENCY ................................ . 57

23. PROTECTIONS AND INSURANCE.................................................................. 57

24. SUBCONTRACTORS ………………………………………………………………….57

25. CLAIMS/LEGAL ACTIONS AGAINST THE CITY .............................................. 57

26. SATISFACTION OF LIENS .............................................................................. 57

27. DISPUTED WORK ........................................................................................... 58

28. CLEAN UP ....................................................................................................... 58

29. LEGAL HOLIDAYS ........................................................................................... 58

SECTION 6 – GENERAL CONDITIONS (Continued)

INDEX (CONTINUED)

ARTICLE TITLE PAGE(S)

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May 2023

30. PAYMENTS ..................................................................................................... 58

31. PAYMENT OF TAXES ...................................................................................... 58

32. SCHEDULE OF CONSTRUCTION ................................................................... 59

33. SAFETY PROVISIONS .................................................................................... 59

34. GUARANTY ..................................................................................................... 59

35. ENGINEERING AND SURVEY CONTROL....................................................... 60

36. COORDINATION OF DOCUMENTS ................................................................ 60

37. RIGHT- OF-WAY ............................................................................................... 61

38. CONSTRUCTION SITE .................................................................................... 61

39. TESTS ............................................................................................................. 61

40. COMPLIANCE WITH LAW ............................................................................... 61

41. NO WAIVER OF CONDITIONS ........................................................................ 62

42. CORPORATE AUTHORITY ............................................................................. 62

43. MODIFICATION ............................................................................................... 62

44. WAIVER ........................................................................................................... 62

45. CALIFORNIA LAW ........................................................................................... 62

46. INTERPRETATION .......................................................................................... 62

47. PRESERVATION OF AGREEMENT ................................................................ 62

48. MUTUAL AGREEMENT ................................................................................... 62

49. NOTICE OF COMPLETION .............................................................................. 62

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

1. GENERAL DESCRIPTION
The work shall consist of furnishing all material and equipment and performing all labor required to carry out the general intention in accordance with the Plans and Specifications.

2. DEFINITIONS
State: Shall mean the State of California or the City of Garden Grove as applicable.

Board or City Council: Shall mean the governing body of the City of Garden Grove.

Public Works: Shall mean the Public Works Department of the City of Garden Grove.

City : Shall mean the City of Garden Grove.

Engineer: Shall mean the City Engineer or his authorized agent.

3. LOCATION
The work shall be constructed on land owned or controlled by the City of Garden Grove (Woodbury Avenue, Libby Lane, Anabel Avenue, Phyllis Place, Euclid Street, Newhope Street, Westminster Avenue) at the sites shown on the plans.

4. CONTRACT
Within ten (10) days after CITY award, the Contract shall be executed on the form enclosed herein by the successful CONTRACTOR. It shall be the responsibility of the CONTRACTOR to make an appointment within the above time limit to sign the Contract in the Engineer's office and to discuss the construction operations with the Engineer or his representative.

5. PERFORMANCE BOND
Refer to Construction Agreement.

6. RETENTION
Refer to Construction Agreement.

7. BEGINNING OF WORK
Refer to Construction Agreement.

8. TIME FOR COMPLETION
Refer to Construction Agreement

9. LIQUIDATED DAMAGES
Refer to Construction Agreement.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

10. STANDARD SPECIFICATIONS AND STANDARD PLANS
"Standard Specifications" referred to herein shall be the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (latest) EDITION (GREEN BOOK), including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California City of the Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher:

Building News, Incorporated
1612 S. Clementine Street
Anaheim, CA 90051
Tel: (888) BNI-BOOK
"Standard Plans" referred to herein shall be those of the City of Garden Grove and/or Garden Grove Sanitary District, Public Works Department, latest revision unless noted otherwise.

Where the Plans and Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.

11. MATERIALS
Materials shall be new and comply with these specifications. Certified reports of material's inspections of materials required under this contract as specified herein shall be submitted and may be accepted by the Engineer in lieu of actual chemical or physical tests in the field. Where a reasonable doubt exists in the mind of the Engineer, however, he shall conduct all necessary tests to determine that the material in question meets the requirements of the specifications. The cost of making such tests shall be borne by the City of Garden Grove when the results indicate compliance with the specifications; otherwise, the expense of such tests shall be borne by the CONTRACTOR.

12. LICENSES, PERMITS, REGULATIONS AND ORDINANCES
At its sole cost and expense, CONTRACTOR and all SUBCONTRACTORs shall obtain such licenses, permits, and approvals as may be required by law for the performance of the services required by this agreement. CONTRACTOR and all SUBCONTRACTORs shall have the sole obligation to pay for any fees, assessments, county inspections, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this contract. The CONTRACTOR and any SUBCONTRACTOR shall have the proper state licenses for the work to be performed along with obtaining city and/or county business license(s) prior to commencement of their work.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023
CONTRACTOR shall secure City of Garden Grove business license and other required licenses and permits prior to working in the City of Garden Grove. CONTRACTOR shall add the City of Garden Grove, as additional insureds on the required liability insurance and to provide a copy of insurance to the City Garden Grove.

The CONTRACTOR and all SUBCONTRACTORs shall comply with all laws, ordinances, rules and regulations bearing on the conduct of the work. Any work performed, or materials or equipment furnished, which does not conform to said laws, ordinances, rules and regulations, shall be changed to conform thereto by the CONTRACTOR at his sole expense.

13. WORK OUTSIDE REGULAR HOURS
No work will be allowed outside regular working hours without the express permission of the Engineer, except work items relating to maintenance and cleanup of the work area for the purpose of public safety and convenience. In the event work outside regular hours is allowed, any extra expense incurred by the CONTRACTOR shall be considered as being included in his bid prices and no extra compensation will be due for such work.

The legal workday shall consist of eight (8) hours. Should CONTRACTOR receive permission from the Engineer to work overtime, the CONTRACTOR shall pay all inspection costs as a result of the CONTRACTOR’s overtime work at a rate of $120.00/hr.

Working hours in the City of Garden Grove shall be from 8:00 am to 4:30 pm Monday through Friday. Workdays shall be restricted to Monday through Friday unless written request outlining substantial reasons for working on Saturdays, Sundays or contractual holidays is submitted to the Engineer a minimum of forty-eight (48) hours in advance of the proposed non-contractual working day(s). If the work proposed is determined by the Engineer as being in the best interest of the CITY, the necessary inspection and survey services will be provided.

If the reasons for such request are not deemed sufficient, the Engineer may authorize inspection and survey services, if available. Such services shall be billed against the CONTRACTOR at the time and one-half salary rate plus fringe benefits for the personnel assigned to the project. Such services shall be paid to the nearest half-hour worked, subject to a minimum working period of two (2) hours.

Construction hours in front of Woodbury Elementary School on Woodbury Avenue, Anabel Avenue, Libby Lane and Phyllis Place must be restricted to the hours of 9:00 A.M. to 2:00 P.M. while school is in regular session. Class schedules vary throughout the week. See school website for current schedule information . https://woodbury.ggusd.us/media/1273/bell-schedule-2022-23.pdf Emergency repairs and pre-storm protective installations may be performed in project areas without written notice.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

14. PRECONSTRUCTION CONFERENCE
The CONTRACTOR, along with his field representative(s) and all SUBCONTRACTORs’, shall meet with representatives of the CITY before the start of construction. The CONTRACTOR will be notified regarding the exact time and place of the conference.

The CONTRACTOR shall submit a list of material suppliers to the Engineer at the Preconstruction Conference. He shall also designate an employee to be responsible for traffic control on this project other than the Project Superintendent. This employee shall have expertise in urban traffic control, and shall be at the site during all operations requiring traffic control. As part of his responsibilities, he shall personally inspect the traffic control devices in use at least twice per day during operations, and twice per day on days when traffic control remains in effect when no work is in progress.

A project construction schedule shall be submitted to the Engineer at the Preconstruction Conference.

A rate schedule shall be submitted to the Engineer at the Preconstruction Conference.

15. QUANTITIES OF WORK
The quantities of work shown in the Proposal are approximate only and constitute the Engineer's Estimate for this project. The CITY does not expressly or by implication agree that the actual amounts of work will correspond exactly with the Engineer's Estimate.

The CITY reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or expedient by the Engineer.

16. LEGAL RELATIONS AND RESPONSIBILITY
General - In connection with laws to be observed and the responsibility of CONTRACTOR, attention is directed to Section 7 of the Standard Specifications and to the laws contained therein which are applicable to this contract.

Labor - Attention is directed to the provisions and penalties applicable to workmen permitted to labor more than eight hours in a calendar day, to labor discrimination, and to employment of alien labor.

17. PROSECUTION OF WORK
The CONTRACTOR shall conduct the work in such a manner and with sufficient materials, equipment, and in the time limits set forth in the Specifications and/or Agreement. Should the CONTRACTOR discontinue the prosecution of the work for any reason with the consent of the Engineer, he shall notify the Engineer at least twenty-four hours in advance of resuming construction activities.

18. EXAMINATION OF PREMISES
CONTRACTORs are required to visit the site before submitting proposals so as to satisfy themselves as to existing conditions immediately surrounding the place of work. No

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023
extra payment will be allowed by the CITY for failure to properly assess site-working conditions.

19. TERMS OF CONSTRUCTION AS USED IN THESE SPECIFICATIONS The present tense includes the past and future tenses; and the future the present.

The masculine gender includes the feminine and the neuter.

The singular number includes the plural; and the plural the singular. "Shall" is mandatory and "may" is permissive.

20. RECORD DRAWINGS
The CONTRACTOR shall keep a complete set of Record Drawings at the job site.

Contract Drawings shall be legibly marked showing each actual item of record construction including:

A. Measured depths of elements in relation to fixed datum points.

B. Measured horizontal and vertical locations of underground utilities with reference to permanent surface improvements.

C. Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications.

D. Any details not in the original Contract Drawings developed by the CITY or the CONTRACTOR through the course of construction necessary to clarify or modify the Contract Drawings.

CONTRACTOR shall submit "As- Built" prints to the Engineer prior to the CITY’S acceptance of the work, one copy in pdf format and one hard copy. The prints shall indicate in red all deviations from Project Plans. Failure by CONTRACTOR to submit "As-Built Plans" may cause delay in final payments.

21. SUBMITTALS (SHOP DRAWINGS)
The CONTRACTOR shall submit for approval by the Engineer such material, samples, product specifications/brochures, certified mix designs, warranties material certifications, operations and maintenance manuals and equipment as may be required, whether mentioned specifically herein or not.

The CONSTRACTOR shall submit two (2) sets or pdf files of shop drawings for approval.

Shop drawings must be completed; any cut sheets with multiple items must be clearly highlighted with a yellow felt tip mark identifying specific items to be used on the project.

Any “Unhighlighted” cut sheets will be returned for resubmittal. All shop drawings must be approved prior to the start of construction. One set of approved shop drawings must be at the construction site at all times.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

22. SUPERINTENDENCE OF LABOR AND COMPETENCY
The CONTRACTOR, or an experienced superintendent authorized to act for him, shall be continually in charge of the work. Information given by the Engineer to the CONTRACTOR's superintendent or his authorized representative shall be as binding as though given to the CONTRACTOR in person. In addition, there shall be a qualified and experienced foreman in charge of each branch of work. No workman, foreman, or superintendent shall be continued on the work that is negligent, incompetent or disrespectful in the sole judgment of the Engineer.

23. PROTECTIONS AND INSURANCE
Refer to Construction Agreement.

24. SUBCONTRACTORS
No SUBCONTRACTORs will be recognized as such. All persons engaged in the work of construction will be considered as employees of CONTRACTOR, and CONTRACTOR will be held directly responsible for their work. No contract or any portion thereof may be assigned without the written consent of the Engineer.

25. CLAIMS/LEGAL ACTIONS AGAINST THE CITY
It is the intent of this contract, that the CONTRACTO R shall and will indemnify and hold harmless the City of Garden Grove, its officers, its board members, employees, and consultants from any and all claims, suits or actions regardless of the existence or degree of fault or negligence on the part of the CITY. The CONTRACTOR shall be responsible for any liability imposed by law and for injuries to or death of any person including but not limited to workmen and the public, or damage to property resulting from defects or obstruction or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.

In the event claim/legal action is brought against the CITY, it will immediately be referred to the CONTRACTOR. Failure by the CONTRACTOR, for any reason to indemnify, defend and save harmless the CITY, the CITY shall deduct from any money due to CONTRACTOR reasonable expenses that the CITY staff or consultant working for the CITY have incurred in processing, investigation, defending any claims/legal actions brought against the CITY.

26. SATISFACTION OF LIENS
Before the CITY will make the final payment to the CONTRACTOR, the CONTRACTOR shall furnish the CITY with lien releases from all SUBCONTRACTORs and suppliers of material, together with a certified statement that the releases represent all the materials furnished and all the SUBCONTRACTORs engaged for the work.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

27. DISPUTED WORK
If the CONTRACTOR and the CITY are unable to reach agreement on disputed work, the CITY may direct the CONTRACTOR to proceed with the work. Payment shall be as later determined by arbitration, if the CITY and the CONTRACTOR agree thereto, or as fixed in a court of law.

Although not to be construed as proceeding under extra work provisions, the CONTRACTOR shall keep and furnish records of disputed work in accordance with Section 3.3 of the Standard Specifications (Modified per Section 7, Article 3, Mark-Up of Extra Work).

28. CLEAN UP
The CONTRACTOR shall protect and care for all work until final completion and acceptance.

During construction, the CONTRACTOR shall keep the site free and clear from all rubbish and debris, and the site must be cleaned up at the end of each day and within one day after the Engineer gives him notice.

At the time of the completion of the work, the CONTRACTOR shall remove from the site and the vicinity of the work all plant equipment, buildings and other temporary facilities, all used or unused materials belonging to him or used under his direction during construction. He shall remove all debris and rubbish from the site of the work before he makes application for acceptance of the work.

29. LEGAL HOLIDAYS
Legal holidays shall be regarded as Thanksgiving Day and the day after, New Year's Day and the day before or after as approved by the CITY, Martin Luther King Day, President's Birthday, Memorial Day, Fourth of July, Labor Day, Veteran’s Day, and from December 18, 2023 to January 2, 20 24. CONTRACTOR shall backfill all open excavations, base pave and restore all work areas by December 15, 2023 and shall not resume work until January 3, 2024.

Therefore, by submitting a bid the CONTRACTOR acknowledges that the work will be stopped from December 18, 20 23 through January 2, 20 24 and that he/she has included all costs for the shut down of work over this period of time, and the recommencement of work on January 3, 2024.

30. PAYMENTS
Refer to Construction Agreement.

31. PAYMENT OF TAXES
The contract prices paid for the work shall include full compensation for all taxes which the CONTRACTOR is required to pay, whether imposed by Federal, State, or local government, including, without being limited to, Federal Excise Tax and Federal Transportation Tax.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

32. SCHEDULE OF CONSTRUCTION
The CONTRACTOR shall submit to the Engineer a schedule of construction for approval. The schedule of construction shall be submitted in accordance with Section 6-1 of the Standard Specifications and Section 7, Article 5 of the Special Provisions with the following exceptions:

A. The CONTRACTOR shall submit a written proposed baseline schedule to the engineer before starting construction.

B. The CONTRACTOR shall be responsible for furnishing a schedule on a form, which meets the Engineer's approval.

C. The CONTRACTOR shall be responsible for updating the schedule and, if requested, will provide an updated copy of the schedule at the end of each billing period.

D. No payments of work completed shall be made until the subject schedule is submitted and approved.

The schedule of construction shall list in detail and proper sequence the various construction items for the job. The Engineer shall be notified before any change is made in the sequence of construction.

33. SAFETY PROVISIONS
The CONTRACTOR shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety.

The CONTRACTOR shall maintain the work site in a clean, safe and workmanlike manner. All material to be cleared from the site shall be removed from the site at the end of each day. All open trenches shall be either backfilled or the work area shall be adequately covered with steel plates as directed by the City Inspector at the end of each working day. The CONTRACTOR shall, upon direction of the Engineer, immediately remove or protect any item, which in the opinion of the Engineer presents a safety hazard. All costs involved in maintaining the work site in a clean and safe manner shall be included in the various items of work and no additional compensation will be allowed.

With the approval of the Engineer, The CONTRACTOR may establish temporary "No Parking Tow Away" zones adjacent to the work zone. Establishment of such zones shall be coordinated with the Garden Grove Police Department, (714) 741-5707, and the CITY’S Traffic Engineer, (714) 741-5190.

34. GUARANTY
Refer to Construction Agreement.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

35. ENGINEERING AND SURVEY CONTROL
Control of the work shall be in accordance with Section 2 of the Standard Specifications and herein contained under Section 6 - General Conditions, with the following modifications:

A. The Engineer will establish one set of offset line and grade stakes at 25-foot intervals, and other control points as required for construction.

B. The CONTRACTOR shall be responsible for the finished work confirming to the lines, grades and benchmarks given by the Engineer. The CONTRACTOR shall establish supplementary benchmarks, elevations, lines, and grades and any other necessary controls which are not established by the Engineer and which are necessary to complete the work. Compensation for above work by the CONTRACTOR shall be included within the various bid items of work and no additional compensation shall be allowed.

C. Resetting of any constru ction stakes shall be at CONTRACTOR’s expense.

D. CONTRACTOR’s responsibility to re-establish lost or destroyed survey monuments.

36. COORDINATION OF DOCUMENTS
In case of conflict between the various contract documents, the order of precedence shall be as follows:

1. Special Provisions

2. General Conditions

3. Construction Plans

4. The City of Garden Grove Water Services Division Standard Specifications (WSDSS)

5. The City of Garden Grove Public Works Department Standard Plans and Specifications (2015 Edition)

6. The Standard Specifications

7. Cal Trans Publications (For Traffic Control Only) Under Section 7, Article 14 The Standard Specifications shall apply to all phases of work not controlled by documents 1 through 6 above.

In case of conflict between the Standard Specifications and the instructions and conditions of the invitation to bid, the Standard Specifications shall have precedence.

In case of conflict, it is the CONTRACTOR’s responsibility to use best materials as approved by the Engineer. Page 622 of 716
SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

37. RIGHT- OF-WAY
It shall be the responsibility of the CONTRACTOR to conduct all of his activities and operations within the rights-of-way provided by the CITY and within the confines of the work site.

If, for any reason, the CONTRACTOR elects to encroach upon other lands adjoining rights-of-way or adjoining the work site, he shall first obtain written permission from the owner thereof and provide evidence of such permission in writing to the Engineer prior to entering upon such lands.

The CONTRACTOR shall indemnify and hold the CITY/CITY harmless from all claims for damages occasioned by such work or activity, whether done in compliance with this section and with permission or in violation of this section and without permission.

38. CONSTRUCTION SITE
Construction equipment shall not be stored at the work site before its actual use on the work nor for more than three (3) working days after it is no longer needed on the work.

All repairs or assembly of equipment that will take two (2) or more working days to repair shall be done at the construction yard. The CITY shall approve the location and size of construction yard. Any damaged, destroyed or disturbed area at the site shall be restored to their original condition or replaced by the CONTRACTOR as directed by the Engineer at no additional expense to the CITY. All equipment and materials shall be stored at the yard during weekends, unless otherwise authorized by the Engineer.

Excavated materials shall not be stored on the site. Excavated materials that may be suitable for backfill may be stored at the site if approved by the Inspector and if storage location conforms to the approved traffic control plan. The Engineer shall, at all times, have a safe access to the site for purposes of inspection and testing. The CONTRACTOR shall remove all trash, debris, and construction materials, spoil and contaminates (gas, oil diesel fuel, lubricants, etc.) and leave the site in a clean and level condition.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed.

39. TESTS
Tests, including compaction tests, shall be performed in accordance with the Standard Specifications and these Specifications. The CONTRACTOR, at his own expense, shall deliver the materials for testing to the place and at the time designated by the Engineer.

The CONTRACTOR shall notify the Engineer no less than two (2) working days in advance of any required materials testing. The cost of performing such tests shall be borne by the CITY when results indicate compliance with the specifications; otherwise, the expense of such tests shall be borne by the CONTRACTOR.

40. COMPLIANCE WITH LAW
CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments.

SECTION 6 – GENERAL CONDITIONS (Continued)

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May 2023

41. NO WAIVER OF CONDITIONS
CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this contract shall not be construed as waiver of any other condition of performance under this contract.

42. CORPORATE AUTHORITY
The persons executing this contract on behalf of the parties hereto warrant that they are duly authorized to execute this contract on behalf of said parties and that by so executing this contract; the parties hereto are formally bound to the provisions of this contract.

43. MODIFICATION
This Agreement constitutes the entire agreement between the parties. This Agreement may be modified only by subsequent mutual written agreement executed by the CITY and the CONTRACTOR.

44. WAIVER
All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the CITY and the CONTRACTOR.

45. CALIFORNIA LAW
This Agreement shall be construed in accordance with the laws of the State of California.

46. INTERPRETATION
This Agreement shall be interpreted as though prepared by both parties.

47. PRESERVATION OF AGREEMENT
Should any paragraph, clause or provision of this agreement be found invalid or unenforceable, such decision shall affect only the paragraph, clause, or provision construed and interpreted, and all remaining provisions shall remain valid and enforceable.

48. MUTUAL AGREEMENT
The parties hereto do mutually covenant and agree to the full and faithful performance of their respective obligations under this contract.

49. NOTICE OF COMPLETION
CONTRACTOR shall certify in writing to CITY, prior to final payment that the entire project is complete and request that CITY issue a Notice of Completion. Within a reasonable time thereafter, CITY and CONTRACTOR shall make an inspection. If the CITY does not consider the project complete, it will notify the CONTRACTOR in writing giving its reasons (the list of work to be completed or corrected) and shall be accepted by the CITY prior to any final payment and recordation of the Notice of Completion.

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May 2023
SECTION 7 - SPECIAL PROVISIONS
INDEX

ARTICLE SPECIAL PROVISIONS PAGE(S)

1 CHANGES/DISPUTED WORK/CLAIMS ...................................................... 64 2 SCOPE OF WORK AND SEQUENCE OF CONSTRUCTION ........................ 68 3 MARK- UP OF EXTRA WORK ....................................................................... 70 4 COOPERATION ........................................................................................... 70 5 SCHEDULE OF CONSTRUCTION AND ORDER OF WORK ........................ 71 6 PRESERVATION OF PROPERTY AND SURVEY MONUMENTS ............... 72 7 DEWATERING, DUST, AND SOUND CONTROL REQUIREMENTS, CLEAN AIR ACT AND WATER POLLUTION CONTROL ACT REQUIREMENTS ..... 72 8 CONSTRUCTION WATER ........................................................................... 76 9 PROJECT APPEARANCE ........................................................................... 77 10 PUBLIC SAFETY ......................................................................................... 77 11 ARCHAEOLOGICAL AND PALEONTOLOGICAL DISCOVERIES ............... 77 12 GEOTECHNICAL INVESTIGATION ............................................................. 78 13 MOBILIZATION/DEMOBILIZATION, HEALTH AND SAFETY PLAN, PERMITS ..................................................................................................... 78 14 TRAFFIC CONTROL .................................................................................... 79 15 CONSTRUCTION YARD SITE ..................................................................... 87 16 PROTECTION AND RESTORATION OF EXISTING UTILITIES AND NON-HIGHWAY FACILITIES ....................................................................... 87 17 EXISTING HIGHWAY FACILITIES ............................................................... 90 18 CLEARING AND GRUBBING, REMOVALS AND RELOCATIONS ............... 93 19 SHEETING, SHORING, AND BRACING ...................................................... 95 20 PIPELINE AND STRUCTURE EXCAVATION, BACKFILL AND TRENCH BOTTOM PREPARATION ........................................................................... 96 21 ADDITIONAL OVER-EXCAVATION AND 3/4” (INCH) CRUSHED ROCK BEDDING .................................................................................................... 97 22 TEMPORARY OFFSET ............................................................................... 98 23 FIELD WELDING OF STEEL WATER PIPE, STEEL WATER PIPE, CEMENT-

MORTAR PROTECTIVE LINING AND COATING FOR STEEL WATER PIPE AND STEEL PIPE FLANGES ....................................................................... 98

SECTION 7 - SPECIAL PROVISIONS (Continued)

INDEX (Continued)

ARTICLE SPECIAL PROVISIONS PAGE(S)

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May 2023
24 PCC IMPROVEMENTS .................................................................................... 100 25 STRUCTURE BACKFILL ................................................................................ 104 28 AGGREGATE BASE ...................................................................................... 106 29 ASPHALT CONCRETE .................................................................................. 106 30 PAINT BINDER / A.C. TACK COAT ................................................................ 111 31 SLURRY SEAL (EMULSION-AGGREGATE SLURRY) .................................. 111 32 TEMPORARY RESURFACING ...................................................................... 113 33 TRAFFIC SIGNING, STRIPING, AND PAVEMENT MARKERS ...................... 114 34 RIDE QUALITY STANDARD ........................................................................... 114 35 POLYVINYL CHLORIDE (PVC) DOMESTIC WATER PIPE ............................ 116 36 GATE VALVE ................................................................................................ . 116 37 WATER SERVICE LATERAL ......................................................................... 116 38 FIRE HYDRANT ............................................................................................. 117 39 MAINTAINING WATER SERVICE .................................................................. 117 40 WATER SYSTEM FLUSHING, HYDROSTATIC PRESSURE TESTING, AND DISINFECTION .............................................................................................. 117 41 ABANDONMENT AND REMOVAL OF CONDUITS AND STRUCTURES ......... 118 42 CHANGEABLE MESSAGE BOARDS ............................................................. 118 43 PERMITS ....................................................................................................... 1 18 44 COMPLETION AND ACCEPTANCE .............................................................. 119

SECTION 7 - SPECIAL PROVISIONS (Continued)

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May 2023
ARTICLE 1 – CHANGES/DISPUTED WORK/CLAIMS

Owner Directed Changes – CITY initiated changes in the work shall be processed in accordance with Sections 5.9.1 and 5.9.2 of the Agreement.

Contractor Initiated Changes/Changed Conditions – The CONTRACTOR shall promptly notify the Engineer of the following work site conditions (hereinafter called changed conditions), in writing, upon their discovery, but in no event later than three (3) calendar days after they are discovered, and before they are disturbed:

1. Subsurface or latent physical conditions differing materially from those represented in the Contract;

2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

3. Material differing from that represented in the contract which the CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; and

The CONTRACTOR’s failure to give written notice of the alleged changed conditions within the time required three (3) calendar days shall constitute a waiver of any potential change order or claim for said alleged changed condition.

The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that the conditions are changed conditions and will materially affect costs, the CONTRACTOR, upon submitting a written request which is acceptable to the CITY and that includes a breakdown and detail of the costs in sufficient detail so the CITY may fully analyze the change and costs, shall be entitled to a change order. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the CONTRACTOR, upon submitting a written request which includes an acceptable Time Impact Analysis, will be granted an extension of time.

If the Engineer determines that the conditions do not justify an adjustment in compensation, the CONTRACTOR will be notified in writing. This notice will also advise the CONTRACTOR of its obligation to notify the Engineer in writing if the CONTRACTOR disagrees. Nothing herein will relieve the CONTRACTOR from its obligation to proceeding with the disputed work.

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Should the CONTRACTOR disagree with the decision of the Engineer, it may submit a written claim for equitable adjustment pursuant to Section 5.9.5 of the Agreement. The written claim for equitable adjustment shall include sufficient detail to allow the CITY to fully analyze the potential claim and shall include at a minimum, the points of disagreement, applicable contract specification references, quantities and costs involved. In the event of such dispute, the CONTRACTOR shall not be excused from any scheduled completion date and shall proceed with all work to be performed under the contract. Although not to be construed as proceeding under extra work provisions, CONTRACTOR shall keep and furnish records of disputed work in accordance with Section 3-3 of the Standard Specifications. These records shall be legible and completely describe the work in dispute, including location. These records shall be submitted to the CITY inspector on a daily basis. The inspector will initial records as acknowledgement of T&M only and said initials shall not convey approvals. The Engineer shall review the notice of potential claim and the parties shall meet and confer, and try to resolve in good faith the potential claim.

Disputed Work – If for any reason potential claims cannot be settled through good faith negotiations, the potential claims will be resolved in accordance with Section 3-5 of the Standard Specifications with the following additions:

The CITY and the CONTRACTOR shall share all fees required by mediation or arbitration equally.

When the claim is to be settled in court, both parties must pay their own attorneys’ fees.

Resolution of Claims – At the final inspection, CONTRACTOR shall provide a list of all claims, proceeding from notices of potential claims previously submitted under the requirements of the Contract, for which he intends to file claims. CONTRACTOR shall also arrange to meet and confer on the listed claims within 15 days of the final inspection. Time of the meeting shall be within this 15-day period. If on the day of final inspection CONTRACTOR fails to set such meeting or provide the list of claims, the project will not be accepted and working days will continue to accrue. If these requirements are met on the day of the final inspection, preliminary acceptance will be established pending final acceptance following attendance of CONTRACTOR at the scheduled meeting.

If CONTRACTOR attends the scheduled meeting within 15 working days of the final inspection, the date of acceptance will be the date of final inspection. Failure of the CONTRACTOR to attend such meeting within 15 days of the date of preliminary acceptance shall cause the working days used in performance of the contract to be calculated based on the date of the actual meeting being date of final acceptance, minus 15 days.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, nonbinding judicially supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.

“Public Work” has the same meaning as in Section 3100 and 3106 of the Civil Code,…” (20104 (b) (1)).

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“Claim” means a separate demand by the CONTRACTOR for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the CONTRACTOR pursuant to the contract for a public work and payment of which is not otherwise entitled to, or an amount the payment of which is disputed by the local agency. (20104 (b) (2)).

For any claim subject to this article, Section 20104.2 et seq., the following requirements apply

a) The claim shall be in writing and include the documents necessary to substantiate the claim.

Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims.
b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. c) (1) For claims over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after the receipt of further documentation, or within a period no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. d) If the claimant disputes the local age ncy’s written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute.

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e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with section 900) and Chapter 2 (commencing with Section 910) of Part 3 of division 3.6 of Title 1 of the Government Code.

For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time claim is denied, including any period of time utilized by the meet and confer conference.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article:
a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code. The Civil Discovery Act of 1986 (Article 3 (Commencing with section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party. 20104.6
a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.

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ARTICLE 2 - SCOPE OF WORK AND SEQUENCE OF CONSTRUCTION

The scope of work shall conform to the provisions of Sections 2 and 3 of the Standard Specifications and the following additions:

The work to be done consists of furnishing all labor, materials, tools, equipment and incidentals necessary for the construction complete in place of: 4-inch, 6-inch, 8-inch and 12-inch diameter water mains, including all appurtenances; and the abandonment of existing water mains/valves as shown on the construction plans and as specified in these Specifications.

The Contractor shall submit detailed work plan with anticipated start date, duration of construction, phasing plan, the sequence of work, staging areas, etc. The Contractor shall be responsible for assuring that all work sequences are logical and the schedule shows a coordinated plan for complete performance of the work. The Contractor shall perform his work in such a manner that disruption of traffic and water system operations and shutdown will be kept at an absolute minimum. The exact time and day of shutdown shall be closely coordinated with the City’s Utilities Operation Division to reduce interruption of their activities. Contractor shall schedule and coordinate the work such that each approved and scheduled shutdown for connections, together with outrage to City’s customers is limited to a maximum of six (6) hours.

The connection details as shown on the construction plans illustrate the intent of the completed connection but may be subject to modification as approved by the City and the Engineer. Prior to beginning of construction Contractor shall submit a detailed plan for his proposed connection methodology for review and approval by the City; and shall develop the plan such that it adheres to the outrage limitation set forth herein.

The Contractor shall understand that, in order to limit the duration of outrages for connections, additional piping and valves, temporary connections, etc. maybe necessary and the Contractor shall include such in his proposed submittal. Any and all work associated with maintaining service to the customers and limiting outrage duration for connections to six (6) hours shall be included in the bid items; and no additional compensation shall be made therefore. Contractor shall submit a construction sequencing plan which generally will include the following tasks:

 Woodbury Ave. facilities from Euclid St. to Newhope St. (working hours of 9:00 A.M. to 2:00 P.M.)
 Anabel Ave., Libby Ln. and Phyllis residential street facilities (working hours of 9:00 A.M. to 2:00 P.M.)
 Connections to existing system at Euclid Street/ Woodbury Avenue intersection and Newhope Street / Woodbury Avenue intersection
 Abandonment of main at Newhope from n/o Salinaz to Westminster

Valve location shall be verified in field. Planned shutdown must be scheduled with the Water Division.

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The project will also require traffic control plans, permits and implementation, storm water protection, cutting and capping abandoned existing water mains, cutting and capping abandoned service laterals, demolition and disposing of demolished material, traffic striping, traffic loop detector replacement (if existing), and appurtenant work.

CONTRACTOR shall pothole all utility crossings and points of connection ten working days prior to any construction activity. Contractor shall submit potholing data and information to the Engineer prior to pipe installation or construction. No progress payment shall be made to Contractor until he/she submits the potholing data and information.

The intent of this project is to construct all items of work complete in place in accordance with the project plans, specifications and in phases if determined necessary by the Engineer.

The unit prices, shall include the cost of equipment, tools, materials and labor that are delivered to the work site that are necessary for this purpose, to complete the project within the contract time required.

When unforeseen difficulties or a conflict is encountered, including toxic and hazardous materials, CONTRACTOR shall notify the engineer in writing immediately upon discovery and before the existing conditions are disturbed. CONTRACTOR shall also allow the engineer minimum of four (4) hours on five (5) separate occurrences of standby time at no charge to investigate the conditions and make determinations concerning these conditions. CONTRACTOR and his work force shall assist the Engineer in such investigations. If the Engineer determines that additional time is needed for evaluation after investigation; the CONTRACTOR shall reschedule, reassign, transfer or move any labor, materials, tools, equipment and alter the sequence of construction activities as necessary to carry out the intent of this project at no cost to the CITY.

The CONTRACTOR cannot withdraw from the project site any labor, materials, tools and equipment without prior written approval by the engineer or his authorized representative. Therefore, the CONTRACTOR shall have no claim against the CITY for delay, standby time of tools, equipment and labor, damages, liability and loss of profit, when it is necessary for the engineer to exercise this requirement.

Full compensation for conforming to the requirements of this Article shall be considered as included in the Contract bid prices for the various items of work. No separate payment will be allowed.

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ARTICLE 3 – MARK-UP OF EXTRA WORK

To eliminate the ambiguity and provide the CONTRACTOR clear understanding of the allowable markup, Section 3-3.2.3 “Markup” of the Standard Specifications shall be deleted and replaced with the following:

(a) Work by CONTRACTOR.

A markup of fifteen (15) percent , covering all overhead and profits, shall be added to the CONTRACTOR’s costs as determined under 3.3-2.2 and shall constitute the CONTRACTOR’s only payment for all overhead of any type and profit on “extra work”. There shall be no compensation for bond costs associated with “extra work”.

(b) Work by SUBCONTRACTOR.

When a SUBCONTRACTOR performs all or any part of the extra work, the markup established in 3-3.2.3(a) shall be applied to the SUBCONTRACTOR’s actual cost of such work, and shall constitute its only payment for all overhead of any type and profit. The CONTRACTOR shall receive an additional markup, not to exceed five (5) percent, for all its overhead and profit on the “extra work” performed by the SUBCONTRACTOR.

No higher markup than as stated above shall be allowed or accepted for any extra work.

ARTICLE 4 - COOPERATION

Although there can be no guarantee that difficulties will not be encountered, the cooperation of the CONTRACTOR is expected. The CITY has endeavored to provide a complete set of project plans and specifications. In the event of any conflict during the course of construction, CONTRACTOR shall allow reasonable time and provide equipment and manpower for the engineer to field-check and make determination to resolve the conflict.

CONTRACTOR shall provide equipment and manpower to dig all holes necessary for testing and other test requirements.

CONTRACTOR shall have a representative on the job site at all times during working hours. The representative shall have the authority to make decisions regarding work that can commit CONTRACTOR time, materials, equipment, labor, and resources.

Full compensation for conforming to the requirements of this Article shall be considered as included in the contract bid prices for the various items of work. No separate payment will be allowed.

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ARTICLE 5 - SCHEDULE OF CONSTRUCTION AND ORDER OF WORK

A. Schedule of Construction

Before starting construction , the CONTRACTOR shall submit to the Engineer a cost loaded progress schedule, by task in bar form, to be approved by the Engineer. The schedule shall show the order in which the CONTRACTOR proposes to carry out the work, and the contemplated dates for starting and completing the separate work activities. The CONTRACTOR shall use Primavera software such as P3, SureTrak or approved equal for schedule.

The sum of the allocated cost to the separate work activities shall equal all work shown on the plans and as required by these specifications.

It shall be the CONTRACTOR's responsibility to contact and coordinate the requirements of any impact to public utilities through the utilities representative. The construction schedule shall include the start and completion dates of public utilities underground work and coordination.

The progress schedule shall be consistent with the order of the work, and time requirements of the contract. Construction shall be scheduled in such a manner that hours between 2:00 p.m. to 2:30 p.m. shall be spent in cleaning up, watering and street sweeping the job site and rearranging traffic delineation for the opening of traffic lanes. No construction activities will be allowed beyond 2:30 p.m. Any work activities beyond 2:30 p.m., if allowed by the Engineer, shall be considered as overtime. The contractor shall be responsible for any overtime inspection costs.

Should the work commence during Summer Break construction hours may change.

Construction in more than one location at one time will be allowed only if authorized by the Engineer in writing . Said authorization will be contingent upon the CONTRACTOR's ability to demonstrate a significant benefit to the CITY.

B. B. Construction Meeting

A weekly construction meeting shall be held between representatives of the CITY and the CONTRACTOR, at an agreed upon place, day of the week and time in order to discuss progress, submittals, potential problems and other activities related to the project.

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C. Order of Work

The first order of work, after being notified that the CITY has awarded the contract, shall be to place the order for all shop drawings , purchase of materials, traffic control plan, and storm water pollution prevention plan required by this project. The order shall be placed within three (3) working days from date of notification.

Full compensation for conforming to the requirements of this Article shall be considered as included in the contract bid prices for the various items of work. No separate payment will be allowed.

ARTICLE 6 - PRESERVATION OF PROPERTY AND SURVEY MONUMENTS

Attention is directed to Section 7-9 of the Standard Specifications and the following Special Provisions:

Permanent Survey Monuments and Markers

The CONTRACTOR shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties and benchmarks located within the limits of the project. If any of the above require removal; relocation or resetting, the CONTRACTOR shall, prior to any construction work and under the supervision of a California-licensed Land Surveyor or Civil Engineer, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction.

Any ties, monuments and bench marks disturbed during construction shall be reset by the CONTRACTOR per City or Orange County Standards after construction and the centerline tie notes shall be submitted to the CITY on 8 1/2" X 11" loose leaf paper. The CONTRACTOR and his sureties shall be liable for, at his expense, any resurvey required in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls.

Payment for preservation or reestablishment of permanent survey monuments and markers including centerline ties shall be included in the various items of work. Said payment shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all the work involved in preserving or reestablishing the survey monuments including centerline ties, all excavation, backfill and replacement of pavement section, and conforming to the requirements of this Article. No separate payment will be allowed.

ARTICLE 7 - DEWATERING, DUST, AND SOUND CONTROL REQUIREMENTS, CLEAN AIR

ACT AND WATER POLLUTION CONTROL ACT REQUIREMENTS

Dewatering

It is anticipated that storm, surface, or ground water or other water may be encountered at various locations during the work and require dewatering. The CONTRACTOR, by submitting a bid, acknowledges that he has investigated the risks arising from surface, ground or other waters, and acknowledges that his bid was prepared assuming that water is present and the dewatering work

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will be conducted accordingly. The CONTRACTOR, by submitting a bid, assumes all of the said risk and payment for dewatering shall be considered as included in the various contract items of work. No separate payment will be allowed.

When water is encountered, the CONTRACTOR shall provide and maintain dewatering during construction in accordance with the requirements of the city's Order No. R8-2009-0030, NPDES No. CAS618030 issued by the California Regional Water Quality Control Board (Santa Ana Region).

The CONTRACTOR shall provide and maintain ample means and devices with which to promptly remove and properly dispose of water entering the excavations or other parts of the work at all times during construction. Dewatering shall be accomplished by methods, which will ensure a dry excavation and preservation of the final lines and grades of the bottoms of excavations. The chosen method that may include sump pumps, deep wells, well points, temporary pipelines and other means shall be des igned by the CONTRACTOR’s civil engineer and shall be the sole responsibility of the CONTRACTOR.

The CONTRACTOR shall dispose of the water from the work in accordance with the Water Pollution Control Act without damaging or soiling adjacent City, County, State, or private property.

Water shall be disposed of in such a manner as not to be a menace to the public health and such disposal shall be performed in accordance with Environmental Protection Agency and State Water Quality Control Board Standards (NPDES permit). Any testing and reports required under NPDES permit shall be performed by the CONTRACTOR and submitted to the appropriate agency and the Engineer for approval at no additional cost to the CITY.

Conveyance of the water shall not interfere with traffic flow or sewer treatment facilities operations. No water shall be drained into the work under construction without prior consent of the Engineer

The CONTRACTOR shall conduct his operation such that storm or other waters may proceed uninterrupted along their existing street or drainage courses. Diversion of water for short reaches to protect construction in progress will be permitted if in the opinion of the Engineer, public or private properties are not subject to damage. The CONTRACTOR shall obtain and submit to the CITY written permission from the applicable public agency or property owner before the Engineer will permit any diversion of water outside the right-of-way.

It shall be the CONTRACTOR's responsibility to control the surface water entering the work area at no additional cost to the CITY. The CONTRACTOR shall correct damage to the work area as the result of surface water at no cost to the CITY.

Full compensation for dewatering, and conforming to the requirements of this Article shall be considered as included in the prices paid for the various items of work and shall include all related materials, labor, tools, equipment, standby pump, coordination and approval processing.

No separate payment will be allowed.

Erosion Control

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Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States that may result from this project. This project will require the Contractor to implement “Best Management Practices” (BMP’s). BMPs shall include, but is not limited to fabric over the grate and side openings during the removal and replacement of AC process and the removal of the AC byproduct, immediately cleaning up spilled fluids with an absorbent material and broom, sealing containers of hazardous materials immediately after use, removing loose dirt from the work sites daily, covering stock piles and materials, etc.

Contractor is required to implement an erosion control program, including plans, prior to performing any excavation or disturbing any soil, landscape, or pavement. a. Submit four (4) copies of erosion control plan to City for approval. b. Erosion control plan shall include emergency 24-hour telephone number(s) of responsible Contractor personnel and details of protective measures, including desilting basins or other temporary drainage and/or control measures. c. Necessary materials (gravel bags, etc.) or devices, per the approved plan, shall be available on site at convenient locations to facilitate rapid installation or to repair any damaged erosion control measures when rain is imminent. All removable protective devices shown on the plan shall be in place at the end of each day when the five (5) day rain probability forecast exceeds forty (40) percent. d. Remove all silt and debris from check dams and desilting basins after a rainstorm and as needed to assure proper operation.
e. Contractor is advised that, based upon actual site conditions, other work devices, controls, and/or revisions to the erosion control plan/program may be by the project inspector, at no cost to the City, to satisfy requirements of this article.

Payment for implementing (BMPs) shall be included in the prices bid for various contract items. The price shall include all costs of all documentation; administration and implementation of the erosion control requirements and SWPPP requirements for the entire contract period, and no additional compensation shall be made therefore.

Dust Control

Dust control shall consist of applying water in conformance with Section 7-8 of the Standard Specifications, with the following modification:

The CONTRACTOR shall furnish and operate a water truck and self-loading motor vacuum sweeper with spray nozzles applied at least twice each calendar day (including holidays and weekends), first during construction to keep paved areas reasonably clean, and second at the end of day. The CONTRACTOR shall never leave the construction premises dirty or dusty.

All spillage and any excessive dirt or debris resulting from hauling operations, moving of equipment along or across any private or public property or public traveled way, shall be removed immediately at the CONTRACTOR's expense.

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Whenever the CONTRACTOR fails to control dust resulting from the performance of the work, the Engineer may cause such dust to be controlled. The costs of controlling dust shall be deducted from moneys due or to become due the CONTRACTOR.

No separate payment will be made for any work performed or material used to control dust resulting from the CONTRACTOR's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.

Sound Control

The CONTRACTOR shall comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

The noise level from the CONTRACTOR's operations shall not exceed 86 DBA at a distance of fifty feet (50'). This requirement in no way relieves the CONTRACTOR from responsibility for complying with local ordinances regulating noise level.

Said noise level requirement 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. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of sound control shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

By submission of this bid, or the execution of this contract or subcontract, as appropriate, the bidder, CONTRACTOR, or SUBCONTRACTOR, as appropriate, will be deemed to have stipulated the following:

1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR Part 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20.

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2. That the CONTRACTOR agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed hereunder.

3. That the CONTRACTOR shall promptly notify the OSHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.

4. That the CONTRACTOR agrees to include or cause to be included the requirements of paragraphs 1 through 4 of this Section in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements (FHWA 1273 Rev. 8/89, 12-4-89).

Full compensation for conforming to the requirements of the Clean Air Act and Federal Water Pollution Control Act shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

ARTICLE 8 - CONSTRUCTION WATER

Application of water shall conform to the provisions of Section 7-8.5 of the Standard Specifications and the following additions:

Construction water may be taken only at locations approved by the City of Garden Grove Water Services Division. The CITY will install a construction meter and eddy valve at these locations at the CONTRACTOR’s expense. This valve shall be operated when taking construction water with the fire hydrant remaining open during the day. CONTRACTOR will be charged for construction water on an as-used basis.

The CONTRACTOR must contact the City of Garden Grove Water Services Division to request installation of a fire hydrant water meter for construction water and shall make appropriate deposits to cover meter installation and testing, meter relocation and or damage to the meter.

Water shall be applied in the amounts, at the locations, and for the purposes designated in these specifications and as ordered by the Engineer.

Water for compacting embankment material, subbase, base and surfacing material, and for laying dust shall be applied by means of pressure-type distributors or pipe lines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water.

Equipment used for the application of water shall be equipped with a positive means of shut-off.

Unless otherwise permitted by the Engineer or unless all the water is applied by means of pipe lines, at least one mobile unit with a minimum capacity of 1,000 gallons shall be available for applying water on the project all times.

Payment for applying water, including all labor, tools, equipment, and incidentals required for the application of water shall be considered as included in the various contract items of work involving the use of water, and no additional compensation will be allowed.