ADDENDA CONFIRMATION
Addendum #1
Confirmed Nov 4, 2024 9:04 AM by Public Works
QUESTIONNAIRE
1. Bid Form*
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:
• TEMPLATE_Bid_Form_Section_0...
• TEMPLATE_Bid_Form_Section_0...
Bid_Form_-_AAA.pdf
2. Contractor’s Certificate Regarding Workers’ Compensation* Please download the below documents, complete, and upload:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract." • Contractors_Certificate_Reg...
Contractor's_Certificate_Regarding_Worker's_Compensation_-_AAA.pdf
3. Bid Bond*
Please download the below documents, complete, and upload. • TEMPLATE_Bid_Bond_Section_0...
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C [ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
RFB No. 22T04
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
[ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
Request for Bids (RFB) - BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
Bid_Bond_-_AAA.pdf
4. Noncollusion Declaration*
Please download the below documents, complete, and upload. • Noncollusion_Declaration_Se...
NonCollusion_Declaration_-_AAA.pdf
5. Contractor Information and Experience Form*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid.
• TEMPLATE_Contractor_Informa...
• Contractor_Information_and_...
Contractor_Information_and_Experience_Form_-_AAA.pdf
6. List of Subcontractors Form*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid.
• TEMPLATE_List_of_Subcontrac...
• TEMPLATE_List_of_Subcontrac...
List_of_Subcontractors_-_AAA.pdf
7. Iran Contracting Act Certification*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid.
• Iran_Contracting_Act_Certif...
Iran_Contracting_Act_Certification_-_AAA.pdf
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C [ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
RFB No. 22T04
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
[ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
Request for Bids (RFB) - BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
8. Public Works Contractor Registration Certification*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid.
• Public_Works_Contractor_Reg...
Public_Works_Contractor_Registration_Certification_-_AAA.pdf
9. 1. Bid Form*
Please download the below documents, complete, and upload. • TEMPLATE_Bid_Form_Section_0...
Bid_Form_-_AAA.pdf
10. Required Licenses *
All traffic signal work under this Contract shall be considered specialty in nature. Any Contractor and/or subcontractor proposing to perform this specialty work must possess a valid Class C-10 license prior to award of contract. Persons performing the work of an electrician shall be certified in accordance with California Labor Code Section 3099. Proof of Certification shall be provided to the City prior to commencement of work. Please upload proof of certification.
MSL_C-10_License.pdf
MSL_C-10_License_CSLB.pdf
11. General Condition Confirmation *
It is the Contractor’s responsibility to coordinate their work with the appropriate utility agencies to allow them to raise and lower their facilities to minimize disruption to the public. Utility agency contact information can be located on the first page of the Contract’s Construction Plans. This project will require coordination with Cox and Telepacific for the undergrounding of their facilities during the widening process. The City does not guarantee the tentative schedule, however, has provided it in the City’s best efforts to preliminarily coordinate the work. Refer to Section SECTION 00700 GENERAL CONDITIONS for more information. To confirm, please check the box below.
Confirmed
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C [ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
RFB No. 22T04
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
[ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
Request for Bids (RFB) - BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization (6% of Total Bid) 1 LS $151,451.89 $151,451.89 2 Clearing & Grubbing 1 LS $280,338.61 $280,338.61
3 Construction Surveying Services 1 LS $26,164.65 $26,164.65 4 Traffic Control 1 LS $146,719.60 $146,719.60
5 SWPPP / Erosion Control 1 LS $40,009.00 $40,009.00
6 Water Pollution Control and BMP Implementation 1 LS $38,117.50 $38,117.50 7 Remove and Dispose Existing PCC Curb & Gutter 3,500 LF $13.00 $45,500.00 8 Remove and Dispose Existing Sidewalk & Curb Ramp 7,770 SF $2.25 $17,482.50 9 Remove and Dispose of Existing Tree 1 EA $6,199.65 $6,199.65 10 Remove and Dispose of Private ADA ramp w/ Handrails 1 LS $925.00 $925.00 11 Remove and Dispose Asphalt Concrete Pavement & Base Material 22,070 SF $24.50 $540,715.00 12 Remove and Dispose Concrete Median Paving 4,000 SF $3.40 $13,600.00 13 Excavate and Export Existing Soil 300 CY $106.15 $31,845.00 14 Construct Grated Catch Basin Per SPPWC 303-3 w/ 2 Grates 1 EA $39,930.00 $39,930.00 15 Construct (Type A2-8) PCC Curb & Gutter 816 LF $36.20 $29,539.20 Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C [ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
RFB No. 22T04
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
[ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
Request for Bids (RFB) - BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
Line Item Description Quantity Unit of
Measure
Unit Cost Total
16 Construct 4" Thick PCC Sidewalk 7,343 SF $6.80 $49,932.40 17 Construct Curb Ramp (Type 3) 1 EA $5,100.50 $5,100.50 18 Construct (Type A1-6) PCC Median Curb 2,423 LF $40.70 $98,616.10 19 Construct (Type A2-6 W=12") PCC Curb & Gutter 430 LF $63.30 $27,219.00 20 Construct 6” Median Curb & Gutter (Type D) City of Irvine Std. Plan 200, Modified 740 LF $83.00 $61,420.00 21 Construct 4” Thick PCC Stamped Concrete 4,215 SF $6.75 $28,451.25 22 Cold Plane 2” Thick 170,200 SF $0.28 $47,656.00
23 Construct 2” AC Overlay 170,200 SF $1.45 $246,790.00 24 Place AC Pavement 17,345 SF $10.05 $174,317.25
25 Place Aggregate Base 17,345 SF $6.55 $113,609.75
26 Construct ADA Ramp w/ 4" Curb and Handrails (Private) 1 LS $30,262.70 $30,262.70 27 Traffic Signal Modification 1 LS $449,240.00 $449,240.00 28 Modify Existing Irrigation for Proposed and Existing Plant Material 1 LS $27,845.90 $27,845.90 29 Resod Grass / Replace Shrubs and Mow Curb In-Kind 3,200 SF $9.35 $29,920.00 30 Adjust Manhole to Grade 2 EA $2,101.60 $4,203.20
31 Adjust Meter Box to Grade 1 EA $525.40 $525.40
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C [ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
RFB No. 22T04
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
[ALL AMERICAN ASPHALT] RESPONSE DOCUMENT REPORT
Request for Bids (RFB) - BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS
Line Item Description Quantity Unit of
Measure
Unit Cost Total
32 4” PCC Median Paving w/ Exposed Aggregate Finish 1,453 SF $9.55 $13,876.15 33 Traffic Signing and Striping 1 LS $50,509.35 $50,509.35 34 Slurry Seal (Type 2) 242,000 SF $0.48 $116,160.00
35 Sawcut and Join Existing AC Pavement 1 LS $22,192.65 $22,192.65 36 Sawcut and Join Existing Curb, Gutter, & Sidewalk 1 LS $9,709.30 $9,709.30 37 Sawcut and Join Existing Walkway 1 LS $1,387.00 $1,387.00 38 Potholing 10 EA $1,615.30 $16,153.00
39 Provide and Install 24” Box Trees with 2 Bubblers per Tree and a Separate Irrigation Valve for Trees. Tie into Existing System.
8 EA $1,628.70 $13,029.60
40 5 Gallon Shrubs 2,070 EA $34.65 $71,725.50
41 1 Gallon Shrubs 118 EA $23.15 $2,731.70
TOTAL $3,121,121.30
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Landscaping
Electrical
Case Land Surveying
L5411
614 N. Eckhoff St
Orange CA 92868
1000001533
V&E Tree Service
654506 C27
1000001936
KATO Landscape
18182 Bushard St
Fountain Valle CA 92708
806122 C-27
Striping
Survey
Tree Trimming
Superior Pavement Markings
5312 Cypress St
Cypress, CA 90630
776306
1000001476
PO Box 3280
Orange CA 92865
2918 E. La Jolla St
Anaheim, CA 92806
822450 C-10
1000000550
MSL Electric Inc
1000000086
0.8 0.19
4.11 13.09
1.54 Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C
REQUEST FOR BIDS (RFB)
22T04
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET
IMPROVEMENTS
City of Lake Forest
100 Civic Center Dr.
Lake Forest, CA 92630
RELEASE DATE: October 1, 2024
DEADLINE FOR QUESTIONS: October 30, 2024
RESPONSE DEADLINE: November 13, 2024, 10:00 am
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/lakeforestca
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C City of Lake Forest
REQUEST FOR BIDS (RFB)
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET
IMPROVEMENTS
I. SECTION 00000 TITLE PAGE ................................ ................................ ..
II. SECTION 00010 INTRODUCTION ................................ ...........................
III. SECTION 00100 NOTICE INVITING BIDS ................................ .................
IV. SECTION 00200 INSTRUCTION TO BIDDERS ................................ ..........
V. SECTION 00500 CONTRACT (MODEL) ................................ ....................
VI. SECTION 00700 GENERAL CONDITIONS ................................ ................
VII. SECTION 00750 SPECIAL CONDITIONS ................................ ..................
VIII. SECTION 00800 TECHNICAL CONDITIONS ................................ .............
IX. SECTION 00900 PLANS AND SPECIFICATIONS ................................ .......
X. APPENDIX A INSURANCE REQUIREMENTS ................................ ............
XI. PRICING PROPOSAL - BID LINE ITEMS ................................ ...................
XII. VENDOR REQUIRED FORMS ................................ ................................ .
Attachments:
A - Bake Trabuco Final Plans 10-1-24.docx
B - Appendix B - IRWD Standard Notes
C - Appendix C - Standard Plans
D - Appendix D - Pavement Investigation Report
E - Bake Trabuco Technical Specifications
F - TEMPLATE Payment Bond_Section 00620
G - TEMPLATE Performance Bond_Section 00610
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 3 1. SECTION 00000 TITLE PAGE
CITY OF LAKE FOREST
BAKE PARKWAY AND IRVINE BLVD./TRABUCO ROAD
STREET IMPROVEMENTS
AUGUST 2024
Prepared By:
RICK ENGINEERING COMPANY
36 DISCOVERY, SUITE 240
IRVINE, CA 92618
Joseph Hammond, P.E.
Under the Supervision Of:
CITY OF LAKE FOREST
Public Works Department
100 Civic Center Drive
Lake Forest, CA 92630
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 4 Approved By:
Thomas Wheeler, P.E.
Director of Public Works/City Engineer
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 5 2. SECTION 00010 INTRODUCTION
2.1. Summary
The project consists of converting the northbound dedicated right-turn lane on Trabuco into a 4th through/right lane; restriping the southbound #3 through lane on Irvine Boulevard into a through/right lane; adding a second eastbound left-turn lane on Bake Parkway; restoring the second left-turn lane on westbound Bake; and providing a dedicated right-turn lane on eastbound Bake.
2.2. Background
Utility coordination between SCE, Cox Communications and TPX will be required during the project. Cox and TPX have existing facilities on the capped SCE poles. Cox & TPX will require a window during the project to relocate their facilities and SCE will need to remove the capped poles.
2.3. Timeline
Release Project Date October 1, 2024
Question Submission Deadline October 30, 2024, 5:00pm
Proposal Submission Deadline November 13, 2024, 10:00am Anticipated Council Date/City Manager
Approval
December 3, 2024
Anticipated Project Start Date January 6, 2025
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 6 3. SECTION 00100 NOTICE INVITING BIDS
3.1. Notice Inviting Bids
The City of Lake Forest (“City”) will receive electronic bids only for the BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS Project, no later than 10:00 am on Wednesday, November 13, 2024]. The electronic bid management system will not accept late bids. Bids shall be valid for 90 calendar days after the bid opening date.
Bids must be submitted on City’s Bid Forms, available to registered vendors through the City’s eProcurement Portal. The Contract Documents may be downloaded at no charge. Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline.
Contract Documents will not be available for sale at City Hall.
Plan rooms that register may also download the contract documents and offer them for review. All parties downloading Contract Documents will be listed under the solicitation’s “Followers” tab.
Prospective Bidders Mayvisit the Project Site without making arrangements through the Assistant City Engineer
Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.
3.2. Notice Inviting Bids (continued)
The successful bidder will be required to furnish City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.
Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.
The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Lake Forest Public Works Department or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site.
The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 7 Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract:A or C-12, Traffic Signal Work requires C-10 License. In addition. the successful bidder will be required to self-perform at least 50% of the work.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 8 4. SECTION 00200 INSTRUCTION TO BIDDERS
4.1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to City on the Bid Forms which are a part of the Bid Package for the Project. "Followers" may download a complete set of Contract Documents at no charge as stated in the Notice Inviting Bids. The Contract Documents may be made available for review through the City's eProcurement Portal.
Please Note: "Followers" who choose to review the Contract Documents must also register with the City's eProcurement Portal to ensure it receives all relevant updates and to submit a bid electronically, if authorized in the Notice Inviting Bids.
4.2. EXAMINATION OF CONTRACT DOCUMENTS
City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the May Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.
4.3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of City by submission of a written request for an interpretation or correction to City. Such submission, if any, must be sent via the City's eProcurement Portal and received no later than 5:00 pm on Wednesday, October 30, 2024.
Any interpretation of the Contract Documents will be made only by written addenda duly issued and posted to the City's eProcurement Portal. All plan holders will be notified by e-mail when an addendum is posted. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation. Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.
4.4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each "Follower" is responsible for fully acquainting itself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, there will be no Pre-Bid Conference or Site Walk, as indicated in the Notice Inviting Bids. Storm, surface, ground, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 9 Water Resources Control Board Order Number 2009-0009-DWQ and any amendment or renewal thereof, the Federal Clean Water Act, the California Porter Cologne Water Quality Control Act, Lake Forest Municipal Code, and any orders issued pursuant to these requirements. By submitting a Bid, each bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
4.5. ADDENDA
City reserves the right to revise the Contract Documents prior to Wednesday, November 13, 2024.
Revisions, if any, shall be made by written Addenda. All Addenda issued by City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if City issues an Addendum which includes material changes to the project, BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS, less than 72 hours prior to Wednesday, November 13, 2024, City will extend the deadline for submission of bids. City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Announcement of any extension shall be made via the City's eProcurement Portal to all plan holders.
Please Note: Bidders are responsible for ensuring that they have received any and all Addenda. To this end, the City's eProcurement Portal requires each bidder acknowledge receipt of all addenda before submission of the bid.
4.6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only, unless otherwise specified in the Notice Inviting Bids. However, City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
4.7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents available on the City's eProcurement Portal. The use of substitute bid forms will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. Deviations in the bid form may result in the bid being deemed non-responsive.
4.8. ELECTRONIC SUBMISSION REQUIREMENTS
The bidder must enter Pricing in the electronic PRICING PROPOSAL - BID LINE ITEMS Form for any and all line items or a lump sum bid amount, as required. The pricing provided in the electronic Bid Form will be the only valid bid pricing for determination of low bid. The bidder must enter subcontractor Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 10 information in the PRICING PROPOSAL - BID LINE ITEMS Form. The subcontractor information provided will be the only valid subcontractor information. The bidder must attach pdf file(s) to the bid submission containing all of the completed and signed Bid Documents.
4.9. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents.
Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
4.10. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidder shall upload an electronic scanned copy of the executed Bid Form to the City's eProcurement Portal. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid.
The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
4.11. DESIGNATION OF SUBCONTRACTORS
Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one half of one percent (1/2%) of the Bidder’s Total Bid Price, or $10,000 if the work involves streets or highways, whichever is greater as well as the portion of work each such subcontractor will perform on the form provided herein by City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. The successful bidder will be required to self-perform at least50% of the work.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 11 4.12. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.
THE BID SECURITY MUST BE RECEIVED PRIOR TO10:00 am on Wednesday, November 13, 2024.
The Bid Security must be submitted directly to the City Clerk at City Hall, 100 Civic Center Drive, Lake Forest, CA 92630, in an envelope clearly labeled with the Project Name/Number and Bidder’s Name and Address.
If Bidder elects to provide the required Bid Security in the form of a Bid Bond, the original hard copy Bid Bond must be submitted to the City at the address indicated above prior to the specified date and time for bid opening.
4.13. SUBMISSION OF SEALED BIDS
Bidders must submit their bids via City's eProcurement Portal pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission are stated in the Notice Inviting Bids. City shall not accept bids otherwise transmitted. No oral, telephonic, or facsimile bids will be considered.
It is the sole responsibility of each bidder to see that its Bid is properly submitted to City's eProcurement Portal in the proper form and prior to 10:00 am on Wednesday, November 13, 2024. The City's eProcurement Portal will not accept late bids. The City will only consider bids that have transmitted successfully and have been issued a time stamped email confirmation from City's eProcurement Portal indicating that the Bid was submitted successfully.
Bidders experiencing any technical difficulties with the bid submission process may contact the OpenGov system support at (650) 336-7167. Neither the City, nor the City's eProcurement Portal, make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.
Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City’s designated methods for delivery.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 12 4.14. DELIVERY AND OPENING OF BIDS
Bids will be received by the City's eProcurement Portal up to 10:00 am on Wednesday, November 13, 2024 shown in the Notice Inviting Bids. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than 10:00 am on Wednesday, November 13, 2024.
Bid results are available to the public at the closing deadline on the City's eProcurement Portal. The City’s City Clerk’s office will also have bid results, immediately following Wednesday, November 13, 2024. The City Clerk’s office is located at: 100 Civic Center Drive, Lake Forest, CA 92630. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
4.15. WITHDRAWAL OF BID
Prior to 10:00 am on Wednesday, November 13, 2024, a Bid may be electronically withdrawn by the Bidder. Any request to withdraw a bid after bid closing must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturday, Sundays and State holidays, specifying in detail how the mistake was made.
4.16. BASIS OF AWARD; BALANCED BIDS
City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid.
City may reject any Bid which, in its opinion when compared to other bids received or to City’s internal estimates, does not accurately reflect the cost to perform the Work. City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.
4.17. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.
4.18. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 13 4.19. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.
4.20. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents:
(1) the Performance Bond;
(2) the Payment Bond; and
(3)the required insurance certificates and endorsements.
Once City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply City with all of the required documents and certifications. Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification. Once City receives all of the properly drafted and executed documents and certifications from the Bidder, City shall issue a Notice to Proceed to that Bidder.
4.21. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with City’s Director of Public Works. In order for a Bidder’s protest to be considered valid, the protest must:
• Be filed in writing within five (5) calendar days after the bid opening date; • Clearly identify the specific irregularity or accusation; • Specify, in detail, the grounds of the protest and the facts supporting the protest; and • Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it may be rejected without further review. If the protest is valid, City’s Director of Public Works, or other designated City staff member, shall review the basis of the protest and all relevant information. The Director of Public Works will provide a written decision to the protestor. The protestor may then appeal the decision of the Director of Public Works to the City Manager. The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest.
4.22. WORKERS COMPENSATION
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 14 4.23. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
4.24. PREVAILING WAGES
City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at the City's Public Works Department or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
4.25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
4.26. IRAN CONTRACTING ACT CERTIFICATION
Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. as provided with the Bid Documents.
4.27. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 15 4.28. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to City four identical counterparts of the Performance Bond and Payment Bond in the form supplied by City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Bid Price.
4.29. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to 10:00 amon Wednesday, November 13, 2024 are set forth in the SECTION 00750 SPECIAL CONDITIONS.
4.30. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.
4.31. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 16 5. SECTION 00500 CONTRACT (MODEL)
5.1. CONTRACT
THIS CONTRACT is made this [INSERT CONTRACT DATE] , in the County of Orange, State of California, by and between the City of Lake Forest hereinafter called City, and [INSERT VENDOR NAME]., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:
5.2. SCOPE OF WORK
The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in "COMPONENT PARTS OF THE CONTRACT" section below for the following Project:
BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS, 22T04 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
5.3. TIME FOR COMPLETION
The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within one hundred fifty (150) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
5.4. CONTRACT PRICE
City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of [INSERT CONTRACT PRICE ($XXX,XXX.XX)]. Payment shall be made as set forth in the General Conditions.
5.5. LIQUIDATED DAMAGES
In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of two thousand five hundred dollars ($2,500) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.
5.6. COMPONENT PARTS OF THE CONTRACT
The “Contract Documents” include the following:
• Notice Inviting Bids
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 17 • Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compensation • Bid Bond
• Designation of Subcontractors
• Information Required of Bidders
• Noncollusion Declaration form
• Iran Contracting Act Certification
• Public Works Contractor Registration Certification
• Contract
• Performance Bond
• Payment Bond
• General Conditions
• Special Conditions
• Technical Specifications
• Addenda
• Plans and Drawings
• Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
5.7. PROVISIONS REQUIRED BY LAW
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 18 5.8. INDEMNIFICATION
Contractor shall provide indemnification as set forth in the General Conditions.
5.9. PREVAILING WAGES
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Hall or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
5.10. SIGNATURES
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
[NAME OF CONTRACTOR]
By
Name:
Title:
License No.
CITY OF LAKE FOREST
By______________________________
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 19 By
Name:
Title:
(If Corporation, TWO SIGNATURES, President OR Vice
President AND Secretary OR Treasurer REQUIRED)]
Attest:
City Clerk
Approved as to Form:
__________________________________
Best Best & Krieger, LLP
City Attorney
END OF CONTRACT
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 20 6. SECTION 00700 GENERAL CONDITIONS
6.1. DEFINITIONS
A. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.
B. Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.
C. Approval means written authorization by Engineer and/or City.
D. Contract Documents includes all documents as stated in the Contract.
E. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
F. Day shall mean calendar day unless otherwise specifically designated.
G. Engineer shall mean the City Manager, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as “City’s Representative” or “Representative” in the Contract Documents.
H. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
I. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.
J. Install means the complete installation of any item, equipment or material.
K. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
L. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
M. Project is The Work planned by City as provided in the Contract Documents.
N. Provide shall include provide, complete in place, that is furnish, install, test and make ready for use. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 21 O. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock.
P. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2021 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
Q. The Work means the entire improvement planned by City pursuant to the Contract Documents.
R. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.
6.2. CONTRACT DOCUMENTS
A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all.
B. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders or Work Change Directives
2. Addenda Special Provisions (or Special Conditions)
3. Technical Specifications Plans (Contract Drawings)
4. Contract
5. General Conditions
6. Instructions to Bidders
7. Notice Inviting Bids
8. Contractor’s Bid Forms
9. Greenbook Standard Specifications (Sections 1-9 Excluded)
10. Standard Plans
11. Reference Documents
12. With reference to the Drawings, the order of precedence shall be as follows:
a. Figures govern over scaled dimensions
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 22 b. Detail drawings govern over general drawings
c. Addenda or Change Order drawings govern over Contract Drawings d. Contract Drawings govern over Standard Drawings
e. Contract Drawings govern over Shop Drawings
C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply.
D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.
6.3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, electronic copies of the Contract Documents. Additional physical copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.
6.4. DETAIL DRAWINGS AND INSTRUCTIONS
A. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
C. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
D. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 23 comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
6.5. EXISTENCE OF UTILITIES AT THE WORK SITE
A. City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans.
B. No excavations were made to verify the locations shown for underground utilities. No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor’s responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.
C. The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections and, if necessary, Contractor shall arrange for the relocation of service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
D. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations E. Notwithstanding the above, pursuant to Section 4215 of the Government Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.
F. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227-2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 24 any subcontractor of the Contractor and City has been given the identification number by the Contractor.
G. The City has remitted Utility Relocation Notices and Final Plans to the appropriate utilities outlining the following tentative schedule: 1) Bid Opening: Tuesday, October 1, 2024, 2) City Council Award of Bid: December 3, 2024, 3) Contract Start Date (at latest): January 6, 2025. It is the Contractor’s responsibility to coordinate their work with the appropriate utility agencies to allow them to raise and lower their facilities to minimize disruption to the public. Utility agency contact information can be located on the first page of the Contract’s Construction Plans. This project will require coordination with Cox and Telepacific for the undergrounding of their facilities during the widening process. The City does not guarantee the tentative schedule, however, has provided it in the City’s best efforts to preliminarily coordinate the work. Refer to Section 13 "VENDOR REQUIRED FORMS " for acknowledgement of this general condition.
6.6. SCHEDULE
A. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval.
The receipt or Approval of any schedules by the Engineer or City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
B. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non- critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time. Schedules indicating early completion will be rejected.
C. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 25 6.7. SUBSTITUTIONS
A. Pursuant to Public Contract Code Section 3400(b) City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
B. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, City may have adopted certain uniform standards for certain materials, processes and articles.
C. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract.
To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.
D. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.
E. The Contractor shall bear all of City’s costs associated with the review of substitution requests.
F. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
G. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 26 6.8. SHOP DRAWINGS
A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.
B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
6.9. SUBMITTALS
A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
C. These requirements shall not authorize any extension of time for performance of this Contract.
Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
6.10. MATERIALS
A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 27 C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to City free from any claims, liens, or charges.
E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of City or any independent contractor.
6.11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.
6.12. WORKERS
A. Contractor shall at all times enforce strict discipline and good order among its employees.
Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
B. Any employee of the Contractor whom City determines is incompetent or unfit shall be removed from this Project.
6.13. SUBCONTRACTORS
A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. All subcontracts entered into by Contractor relating to any of the Work under this Contract shall comply with and be limited to the extent required by Civil Code section 2872.05. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City.
B. City reserves the right to Approve all subcontractors. City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 28 C. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
6.14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents.
A. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than City.
B. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as City's responsibility pursuant to the Contract Documents.
C. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to City.
6.15. UTILITY USAGE
A. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
B. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
C. All permanent meters Installed shall be listed in the Contractor’s name until the Work is accepted.
D. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of City, use City’s existing utilities by compensating City for utilities used by Contractor.
6.16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by City. Contractor may either request reimbursement from City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 29 6.17. TRENCHES
A. Trenches Five Feet or More in Depth. The Contractor shall submit to City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations.
B. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
1. Material that the Contractor believes may be material that is 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.
2. Subsurface or latent physical conditions at the site differing from those indicated.
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
6.18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests, with an electronic copy Christine Groves, Administrative Services Manager, Public Works at [email protected], or as otherwise directed by the City. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 30 6.19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to City in writing. City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of City and Contractor.
6.20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state, and local codes ordinances, and regulations. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.
6.21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.
Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in Article 50.
6.22. WATER QUALITY MANAGEMENT AND COMPLIANCE
A. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
B. Contractor must keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 31 provisions of the City’s ordinances regulating discharges of stormwater; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to California Regional Water Quality Control Boards (Santa Ana and San Diego Regions) Order No. R8-2009-0030 (NPDES Permit No. CAS 618030) (“Santa Ana MS4 Permit”), Order No. R8-2009-0045, Order No. R9- 2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100 (NPDES Permit No.
CAS0109266) (“San Diego MS4 Permit”); and State Water Resources Control Board Order No. 2010-0014-DWQ, Order No. 2009-0009-DWQ, and Order No. 2012-0006-DWQ (NPDES Permit No. CAS000002) (“Construction General Permit”), and any amendment or renewal thereof.
C. Contractor must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of stormwater to separate storm drain systems or watercourses. These requirements include but are not limited to, all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of Lake Forest Local Implementation Plan (“LIP”), and the Erosion and Sediment Control Plan. The DAMP contains requirements related to the design and construction of public projects. Contractor must be familiar with the DAMP, and the LIP and must comply with the requirements as specified therein. In the event the DAMP and LIP are revised or replaced in accordance with the requirements of a state or federal law, rule or permit that impacts the performance of the Work, Contractor must comply with the revised or replaced requirements.
1. A copy of the DAMP is available on the internet at:
http://www.ocwatersheds.com/documents/damp/mapplan
2. A copy of the LIP is available on the internet
at: https://www.lakeforestca.gov/en/departments/public-works/environmental-compliance D. Contractor is required to comply with all aspects of the Construction General Permit for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
E. City may require Contractor to file the Notice of Intent and obtain coverage for the Project under the Construction General Permit. This may include filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (SMARTS); preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer and Qualified SWPPP Practitioner, as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit.
City retains the right to develop its own documentation for the project site, including but not Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 32 limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City-developed SWPPP. Specific requirements for the Work site shall be set forth in the Special Conditions. Contractor shall include all costs of compliance with specified requirements in the Contract amount.
F. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor is responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with the Santa Ana MS4 Permit and San Diego MS4 Permit and any amendment or renewal thereof, the City’s LIP and Orange County DAMP and any revision or replacement thereof.
G. Notwithstanding the above, before any PRDs, SWPPP, or other Construction General Permit related document may be submitted to the State Water Resources Control Board or implemented on the Work site, it must first be reviewed by the City and/or the City’s designee, who retains the right to reject or require revisions thereto. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.
H. Failure to comply with laws, regulations, and ordinances listed in this Article 22 is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
I. City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy.
Contractor agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity.
J. City may seek damages from Contractor for delay in completing the Work in accordance with the Contract Documents, caused by Contractor’s failure to comply with the laws, regulations Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 33 and policies described in this Article 22, or any other relevant water quality law, regulation, or policy.
6.23. CLEANING UP
A. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises.
Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
B. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor.
6.24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations, location and alignment of any and all site elements (buildings, paving, walks, fencing, furnishings, etc.) shall be furnished by the Contractor at its expense. A digital AutoCAD (version 2011) file shall be provided to the Contractor by the City indicating the location and layout of all site elements for the use by the Contractors surveyor. Layout shall be done by a registered civil engineer or a licensed land surveyor Approved by the Engineer. Any surveying necessary to establish the grade and line of the work is to be done by a properly licensed land surveyor retained by the contractor. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.
6.25. EXCESSIVE NOISE
A. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
B. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 34 vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.
6.26. TESTS AND INSPECTIONS
A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than City, Contractor shall promptly inform City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work.
E. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
F. Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
6.27. PROTECTION OF WORK AND PROPERTY
A. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 35 safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor.
C. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
D. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public.
2. Provide substantial barricades around any shrubs or trees indicated to be preserved.
3. Deliver materials to the Project site over a route designated by the Engineer.
4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5. Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City.
7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.
8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.
9. At the completion of work each day, leave the Project site in a clean, safe condition.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 36 10. Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.
E. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore.
F. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. City shall be entitled to inspect and copy any such documentation, video, or photographs.
6.28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.
6.29. INSPECTOR’S FIELD OFFICE
A. The Contractor shall be responsible for providing the inspector’s field office. The Office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, and a fax machine at Contractor’s expense.
B. A table satisfactory for the study of plans and two chairs shall be Provided by Contractor.
Contractor shall Provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.
6.30. AUTHORIZED REPRESENTATIVES
City shall designate representatives, who shall have the right to be present at the Project site at all times. City may designate an inspector who shall have the right to observe all of the Contractor’s Work.
The inspector is not authorized to make changes in the Contract Documents. The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
6.31. HOURS OF WORK
A. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 37 B. Unless otherwise provided in the Special Conditions, Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.
C. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1. Powered Vehicles
2. Construction Equipment
3. Loading and Unloading Vehicles
4. Domestic Power Tool.
6.32. PAYROLL RECORDS
A. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury.
B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
C. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by City. The Contractor shall also provide the following:
1. A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
D. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 38 E. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated.
F. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.
6.33. PREVAILING RATES OF WAGES
A. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
B. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 39 C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
6.34. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor. The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6.35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.
6.36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
6.37. INSURANCE
Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Appendix A attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
6.38. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
A. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by City’s receipt or acceptance of the Contractor’s proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 40 understood that City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed.
Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
B. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify City in writing of causes of delay. City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
D. No Damages for Reasonable Delay. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
6.39. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by City:
A. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 41 D. Following City’s Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request.
E. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
6.40. MOBILIZATION
A. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
B. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:
1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities.
4. Establishing fire protection system.
5. Developing and installing a construction water supply.
6. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.
7. Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.
8. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.
9. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work.
All such storage shall meet manufacturer’s specified storage requirements, and the specific Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 42 provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
10. Arranging for and erection of Contractor’s work and storage yard.
11. Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.
12. Full-time presence of Contractor’s superintendent at the job site as required herein.
13. Submittal of Construction Schedule as required by the Contract Documents.
6.41. PAYMENTS
A. City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the Contractor shall be paid a sum equal to ninety percent (90%) of the value of the Work performed up to the last day of the previous month, less the aggregate of previous payments.
B. The Contractor shall, after the full completion of The Work, submit a final payment application.
All prior progress estimates shall be subject to correction in the final estimate and payment.
C. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work (or ten percent (10%) in the event the City has adopted a finding that the Work under the Contract is substantially complex), if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
D. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against City arising from this Contract.
E. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
F. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 8132. Prior to final payment by City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 43 6.42. PAYMENTS WITHHELD AND BACKCHARGES
A. In addition to amounts which City may retain under other provisions of the Contract Documents City may withhold payments due to Contractor as may be necessary to cover:
1. Stop Notice Claims.
2. Defective work not remedied.
3. Failure of Contractor to make proper payments to its subcontractors or suppliers.
4. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
5. Damage to another contractor or third party.
6. Amounts which may be due City for claims against Contractor.
7. Failure of Contractor to keep the record (“as-built”) drawings up to date.
8. Failure to provide updates on the construction schedule.
9. Site clean up.
10. Failure of the Contractor to comply with requirements of the Contract Documents.
11. Liquated damages.
12. Legally permitted penalties.
B. Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.
6.43. CHANGES AND EXTRA WORK
A. Change Order Work.
1. City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order, shall be performed under the applicable conditions of the Contract Documents, and shall be subject to the approval authority requirements of Article 4 of the Contract. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order.
2. All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 44 arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless City requests that proposals be submitted in less than seven (7) Days.
4. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.
6. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by City.
7. If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with City’s estimate of cost. If the change is issued based on City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that City’s estimate was in error.
8. Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 45 b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion.
c. Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, or Caltrans Equipment Rental Rates (without surcharge) at the time the work is performed.
d. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost. iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor.
v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five percent (25%) of the Net Cost as defined herein.
9. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 46 consumables; Temporary on Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
10. For added or deducted Work by subcontractors, the Contractor shall furnish to City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.
11. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
12. Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
13. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify City’s change order form in an attempt to reserve additional rights.
14. If City disagrees with the proposal submitted by Contractor, it will notify the Contractor and City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work.
Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
15. No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
16. Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 47 B. Contract Unit Prices
1. Increases more than twenty-five percent (25%) percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications exceed the Bid quantity by more than twenty-five percent (25%), payment for the quantity in excess of one hundred twenty-five percent (125%) of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above.
2. Decreases of more than twenty-five percent (25%). Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with Plans and Specifications, be less than seventy-five percent (75%) of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for seventy-five percent (75%) of the Bid quantity at the Contract Unit Price.
C. Changes to Contract Time
1. The Contract Time may only be changed by a Change Order.
2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor’s change order proposal described above. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the Contract Time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order. No cost or time will be allowed for cumulative effects of multiple changes.
3. Notice of the amount of the request for adjustment in the Contract Time with supporting data shall be delivered within seven (7) Days after such start of occurrence. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed.
4. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. Any difference in time between the Contractor’s early completion and the Contract Time shall be considered a part of the Project float.
Contractor shall not be entitled to compensation, and the City will not compensate Contractor, for delays which impact early completion.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 48 5. Contractor’s entitlement to an extension of the Contract Time is limited to City-caused extension of the critical path, reduced by the Contractor’s concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time.
a. Contractor shall not be entitled to an adjustment in the Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a subcontractor or supplier shall be deemed to be delays within the control of Contractor. b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of the City and Contractor, then Contractor shall be entitled to an time extension when the affected Work is on the critical path. Such a non- compensable adjustment shall be Contractor’s sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article.
6. Requests for Contract Extension: Contractor’s justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor’s entitlement is based. At a minimum, each request for a time extension must include:
a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor’s reasonable and diligent actions to guard against those effects. b. Each request for an extension of Contract Time must include a time impact analysis in CPM format to calculate the impact of the delay event.
7. Contractor’s failure, neglect, or refusal to comply with these requirements, or any portion thereof, shall bar Contractor’s request for extensions of the Contract Time. Such failure, neglect, or refusal prejudices the City’s ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Time, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Time due to delays or accelerations that result from or occur Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 49 during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article.
6.44. OCCUPANCY
City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.
6.45. RECORD (“AS BUILT”) DRAWINGS
A. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts. The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. Contractor shall use colors to distinguish variations in separate categories of The Work.
B. Contractor shall note related change order, request for information , request for proposals, or Architect’s Supplemental Instructions where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts in .pdf or other approved format. The suitability of the as-builts will be determined by the Engineer.
6.46. INDEMNIFICATION
Contractor shall defend (with counsel of City Council’s choosing), indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor’s own cost, expense and risk, with City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding.
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Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 50 Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
6.47. RESOLUTION OF CONSTRUCTION CLAIMS
A. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 43, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely a change to the Contract Price or Contract Time, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the Contract or at law.
B. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
C. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with Article 49 has been denied by the City, for (1) a time extension, (2) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (3) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents.
D. Filing Claims. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the procedures contained in Article 49, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Article must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. Any claim must be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
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Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 51 E. Supporting Documentation. The Contractor shall submit all Claims in the following format:
1. Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2. List of documents relating to claim
a. Specifications
b. Drawings
c. Clarifications (Requests for Information)
d. Schedules
e. Other
3. Chronology of events and correspondence
4. Narrative analysis of claim merit
5. Analysis of claim cost, including calculations and supporting documents
6. Analysis of time impact analysis in CPM format if a time extensions is requested
7. Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with the Government Code sections 12650 et seq.
F. City Response to Claim.
1. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written response.
2. If the City needs approval from City Council to provide Contractor a written statement as set forth above, and City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed meeting of City Council after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.
3. The City 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 City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within the Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 52 same period of time taken by the claimant to produce the additional information, whichever is greater.
G. Meet & Confer Conference. If the Contractor disputes the City’s response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.
H. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 Days after the City issues its written statement. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation and the City and the Contractor shall equally share the associated mediator fees. The City and Contractor shall mutually agree to a mediator within 10 business Days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
1. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
2. For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3. Unless otherwise agreed to by the public entity and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
4. The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
I. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must 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 prior to initiating litigation. 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 Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 53 Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
J. Civil Actions. The following procedures are established for all civil actions filed to resolve Claims of $375,000 or less:
1. Within 60 Days, but no earlier than 30 Days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Agreement. 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.
2. 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 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 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. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of 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.
K. Government Code Claim.
1. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City.
2. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3. A Government Code claim must be filed no earlier than the date the Work is completed or the date the Contractor last performs Work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims known to Contractor or Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 54 that should reasonably by known to Contractor excepting only new unrelated Claims that arise after the Government Code claim is submitted.
L. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
6.48. CITY’S RIGHT TO TERMINATE CONTRACT
A. Termination for Cause.
o City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of City; or (ix) should violate any of the provisions of the Contract Documents.
o The notice of intent to terminate shall contain the reasons for such intention to terminate.
Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Project. If City takes over The Work, City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site.
B. Termination For Convenience.
o City may terminate performance of The Work in whole or, in part, if City determines that a termination is in City's interest.
o The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination.
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Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 55 o After receipt of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
a. Stop Work as specified in the Notice.
b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
d. Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
e. Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
f. Submit to City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by City's Termination for Convenience."
g. These provisions are in addition to and not in limitation of any other rights or remedies available to City.
C. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
D. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 56 immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of City or the Contract is terminated.
6.49. WARRANTY AND GUARANTEE
A. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.
B. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
C. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
D. Contractor shall furnish City with all warranty and guarantee documents prior to final Acceptance of the Project by City.
E. City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
F. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.
G. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1. Obtain for City all warranties that would be given in normal commercial practice;
2. Require all warranties to be executed, in writing, for the benefit of City; and
3. Enforce all warranties for the benefit of City, unless otherwise directed in writing by City.
This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
6.50. DOCUMENT RETENTION & EXAMINATION
A. In accordance with Government Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
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Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 57 B. Contractor shall make available to City any of the Contractor’s other documents related to the Project immediately upon request of City.
C. In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a period of four (4) years after final payment.
6.51. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed.
Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.
6.52. SEPARATE CONTRACTS
A. City reserves the right to let other contracts in connection with this Work or on the Project site.
Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.
C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any.
Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
6.53. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 58 notice. Notice to City shall be addressed to City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
6.54. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
6.55. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
6.56. INTEGRATION
A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of City and Contractor.
6.57. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
6.58. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify City in order that proper steps may be taken to have the change reflected on the Contract.
6.59. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 59 action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time City makes final payment to the Contractor, without further acknowledgment by the parties.
6.60. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
6.61. LAWS AND REGULATIONS
A. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms.
References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom.
B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.
6.62. PATENT FEES OR ROYALTIES
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
6.63. OWNERSHIP OF DRAWING
All Contract Documents furnished by City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to City on request at completion of The Work.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 60 6.64. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 61 7. SECTION 00750 SPECIAL CONDITIONS
7.1. SPECIFIC MATERIALS
City has not made findings pursuant to Public Contract Code Section 3400(b) regarding the use of specific materials, products, things, and/or services that must be utilized for the Project.
7.2. PROJECT RETENTION; SUBSTANTIAL COMPLEXITY
7.3. STORMWATER SPECIFICATIONS
City has not prepared a SWPPP or other stormwater compliance plan for the Project site. Contractor is responsible for filing the PRDs and for obtaining coverage under the Permit. This includes preparing and implementing a SWPPP for the Project site, and coordinating all submittals with the City's Legally Responsible Person and Authorized Signatory as those terms are defined in the Permit. Before any PRDs, SWPPP, or other Permit related document may be submitted to the State Board or implemented on the Project site, it must first be reviewed by the City, who retains the right to reject or require revisions thereto. If the Project is less than one acre in size, Contractor is still required to develop and implement an Erosion and Sediment Control Plan for the Work site. Contractor must include all costs of compliance with specified requirements in the Contract amount.
The payment for SWPPP Development, SWPPP Implementation, and compliance with the requirements of the CGP and these specifications shall be included in the Bid items for “SWPPP/Erosion Control Development” and “SWPPP/Erosion Control Implementation”. The payment for the pertinent required trainings and certifications shall be included in these Bid items.
7.4. PRE-CONSTRUCTION MEETING
After, or upon, notification of Contract Award, the Engineer will set the time and location for the Pre- Construction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor 's responsible project personnel attend the Pre-Construction Meeting will be grounds for default by Contractor. No separate payment will be made for the Contractor 's attendance at the meeting. The Notice to Proceed will only be issued on or after the completion of the Pre-Construction meeting.
7.5. MODIFICATION OF HOURS OF WORK
The Contractor’s activities shall be confined to Monday through Friday, excluding City holidays and weekends. The Contractor’s activities shall be confined to the hours between 8:00 a.m. and 5:00 p.m. Working hours on arterial streets, including closure of travel lanes, will be allowed only between the hours of 9:00 a.m. and 3:00 p.m. Deviation from these hours will not be permitted without written request and the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested, or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 62 benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.
NOTE: This project is a Lake Forest Project that is on the boundary between the City of Lake Forest and the City of Irvine. The Title Page of the plans include the City of Irvine General Notes. The Hours of Work for this project shall conform to the City of Lake Forest Hours of Work, listed above.
7.6. STREET CLOSURES, DETOURS, BARRICADES
Existing electrical systems (traffic signal, highway and street lighting, flashing beacon, sign illumination and other facilities), or approved temporary replacements thereof, shall be kept in effective operation for the benefit of the traveling public during the progress of the work, except when shutdown is permitted to allow for alterations or final removal of the systems. The traffic signal shutdowns shall be limited to normal working hours, or shall be as specified in the special provisions. Lighting system shutdowns shall not interfere with the regular lighting schedule, unless otherwise permitted by the Engineer. The Contractor shall notify the Engineer prior to performing any work on existing systems.
The Contractor shall notify the City of Lake Forest and the City of Irvine prior to any operational shutdown of a traffic signal. The City will:
1. Continue the operation and maintenance of existing electrical facilities.
2. Continue to provide for electrical energy for the operation of existing electrical facilities.
3. Repair or replace existing facilities damaged by public traffic.
4. Pay the cost of electrical energy for the operation of existing or new facilities that are undergoing the functional tests.
The Contractor shall ascertain the exact location and depth of existing detectors, conduits, pull boxes and other electrical facilities before using any tools or equipment that may damage those facilities or interfere with any electrical system.
Where damage is caused by the Contractor’s operations, the Contractor shall, at the Contractor’s expense, repair or replace damaged facilities promptly in conformance with these specifications. If any existing loop conductor, including the portion leading to the detector handhole or termination pull box, is damaged by the contractor’s operations, the Contractor shall immediately notify the Engineer. The affected detectors shall be replaced at the Contractor’s expense and as directed by the Engineer within 24 hours. If the Contractor fails to complete the repairs within this period, the repairs will be made by the City at the Contractor’s expense.
Should the Contractor fail to perform the required repairs or replacements, the cost of performing the repairs or replacements will be deducted from any moneys due or to become due to the Contractor.
Where roadways are to remain open to traffic and existing lighting systems are to be modified, the lighting systems shall remain in operation and the final connection to the modified circuit shall be made so that the modified circuit will be in operation by nightfall of the same day.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 63 Temporary electrical installations shall be kept in effective operation until the temporary installations are no longer required for the traveling public.
During traffic signal system shutdown the Contractor shall place “STOP AHEAD” and “STOP” signs to direct vehicle and pedestrian traffic through the intersection. All signal faces shall be covered when the system is shutdown overnight. Temporary “STOP AHEAD” and “STOP” signs shall be either covered or removed when the system is turned on.
“STOP AHEAD” and “STOP” signs shall be furnished by the Contractor and shall conform to the provisions in Caltrans Standard Specification section 12-3.06, “Construction Area Signs.” Minimum size of “STOP” signs shall be 30 inches.
One “STOP AHEAD” sign and one “STOP” sign shall be placed for each direction of traffic. For two-lane approaches, 2 “STOP” signs shall be placed. Location of the signs shall be as directed by the Engineer.
Barricades shall be equipped with flashing warning lights. All power required devices shall be operated by batteries, rather than generators.
Street closures will not be allowed, except as specifically permitted by the Engineer. Traffic control shall be approved by the Engineer.
Lane transitions shall conform to the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD).
Temporary traffic channelization shall be accomplished with barricades or delineators. Temporary striping will not be allowed unless specifically permitted by the Engineer. The Contractor shall prepare any plans that may be required for temporary striping to the satisfaction of the Engineer. In no event will temporary striping be allowed on finished pavement surfaces, which are to remain. The Contractor shall prepare any traffic control or detour plans that may be required as directed by the Engineer. The Contractor shall submit Traffic Control Plans for all work on arterial roads, prepared and signed by a California Registered Civil or Traffic Engineer at least ten (10) working days prior to commencing work.
The Contractor shall schedule an employee to police the temporary delineators and barricades within the travel way during weekday, nonworking hours, and over Saturdays, Sundays, and holidays. Any corrective work required to be done by City forces shall be back charged to the Contractor based on the actual costs, plus City overhead and withheld from the final payment.
All costs to the Contractor for street closures, detours, barricades, and associated plans shall be included in various lump sum contract bid items, and no separate payment will be made therefore.
7.7. SURVEY CONTROL AND REFERENCE POINTS
Prior to the start of construction, the Contractor shall engage a licensed land surveyor or civil engineer registered in the State of California to perform surveying and calculations required by the Work of this Contract. The Contractor (its licensed surveyor or qualified engineer) shall locate all monuments (both of record and not of record), benchmarks, and centerline ties within one hundred feet of the construction activity. Additional ties to monuments shall be set when ties are missing (min. four ties per monument).
The Contractor shall prepare and submit for review to the City Engineer separate tie sheets and Corner Record sheets (monuments not of record shall have only tie sheets prepared). Corner Records shall Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 64 conform to the County Engineers’ Association of California’s “Guide to the Preparation of Records of Survey and Corner Records” document as provided by the County of Orange Land Surveyor’s Office and on file in the City of Lake Forest City Engineers Office. Upon review by the City Engineer, the Contractor shall file the Corner Records with the County of Orange Land Surveyor’s Office. Certified Corner Records shall be filed with the City Engineer. Prior to final Acceptance by the City, the Contractor shall re-survey all field monuments and centerline ties within the construction zone, prepare tie sheets and corner record sheets as indicated above, and file them with the City Engineer for review. After review by the City Engineer, the land surveyor shall file the corner records with the County Land Surveyors Office, and file certified copies of the corner records with the City Engineer.
All survey monuments removed or altered as a result of construction shall be reset, corner records shall be filed with the County of Orange Land Surveyor’s Office, and approved final corner records shall be filed with the City Engineer. Centerline ties removed as a result of construction shall be reset and tie sheets filed with the City Engineer.
Contractor shall provide a letter of certification for all monuments having four or more existing ties which are within 0.02 ft plus or minus of the original City tie sheet records. When several monuments and ties appear on one tie sheet and one of the ties has changed the land surveyor shall re-measure all of the ties and re-file a new ties sheet with the City as required herein.
County of Orange permanent and temporary benchmarks within the construction zone shall be located by survey, and the Contractor shall send a written notification of impending construction to the County of Orange Land Surveyor’s Office two weeks prior to construction.
7.8. UTILITY DELAYS
It is the Contractor’s responsibility to coordinate their work with the appropriate utility agencies to allow them to raise and lower their facilities to minimize disruption to the public. Utility agency contact information can be located on the first page of the Contract’s Construction Plans. This project will require coordination with Cox and Telepacific for the undergrounding of their facilities during the widening process. The City does not guarantee the tentative schedule, however, has provided it in the City’s best efforts to preliminarily coordinate the work.
The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with the contract documents. The Contractor shall ascertain further detailed information to coordinate his/her/its work to this effect.
All notification of utility companies shall be by the Engineer based on Contractor’s request as submitted to the Engineer at least twenty-four (24) hours in advance of the needed work. Any costs for delay of the Contractor of utility companies in this regard shall be assigned to the Contractor, if these costs are a result of the Contractor’s request being untimely in any respect, except for the utility company not responding at their agreed time.
7.9. WORKING DAY
The Contractor’s activities shall be confined to Monday through Friday, excluding City holidays and weekends. The Contractor’s activities not affecting arterial traffic lanes shall be confined to the hours Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 65 between 8:00 a.m. and 5:00 p.m. Working hours in residential streets will be allowed only between the hours of 8 a.m. and 5 p.m., unless otherwise noted in the attached Area Maps that indicate which streets will involve night work. Working hours in arterial streets, involving closure of travel lanes, will be allowed only between the hours of 9:00 a.m. and 3:00 p.m. Deviation from these hours will not be permitted without written request and the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested, or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates, including benefits, overhead, and travel time. The service fees will be deducted from any amounts due the Contractor.
7.10. WATER POLLUTION CONTROL
In order to comply with the water quality permit requirements, the Drainage Area Management Plan (DAMP) and a Local Implementation Plan (LIP) have been developed. The LIP contains Model Maintenance Procedures (MMPs) and Best Management Practices (BMPs). The applicable MMPs/BMPs are that the Contractor shall sweep up and dispose of all spoils and trash prior to leaving the job site each day as required in Fixed Facility Maintenance Procedures FP3, FP4, FF8, and FF10 in the Water Quality Procedures Section of the Conditions of the Contract. The MMPs and BMPs apply to all work to be performed. The MMPs and BMPs contain pollution prevention and source control techniques to minimize the impact of the work performed on dry-weather urban runoff, stormwater runoff, and downstream water quality.
The payment for Water Pollution Control and BMP Implementation, and compliance with all the water pollution prevention and source control requirements and these specifications shall be included in the Bid item for “Water Pollution Control”.
All labor and materials associated with and necessary to implement the required Water Pollution Control shall be paid for as follows:
1. A total of 25 percent of the Contract Lump Sum Price bid for this item upon implementation and approval of initial BMPs.
2. A total of 75 percent of the Contract Lump Sum Price bid for this item over the life of the Contract.
3. A total of 100 percent of the Contract Lump Sum Price bid for this item upon completion of construction, removal of BMPs and final demobilization.
The payment for the pertinent required training and certifications shall be included in this Bid item. The Contract Lump Sum bid for Water Pollution Control and BMP Implementation includes full compensation for conforming to all requirements included in water pollution control as specified in the Standard Specifications and these Special Conditions, and as directed by the Engineer.
7.11. PUBLIC CONVIENENCE AND SAFETY
Traffic and Access. The Contractor shall notify the occupants of all affected properties at least seventy- two (72) hours prior to any temporary obstruction of access. No parking signs shall be posted on residential streets at least seventy-two (72) hours prior to the start of work. Vehicular access to property line shall be maintained, except as required for construction for a reasonable Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 66 period of time. No overnight closure of any driveway will be allowed, except as permitted by the Engineer.
At least one twelve foot (12') wide traffic lane shall be provided for each direction of travel on all streets at all times, except as permitted by the Engineer. The traffic lanes shall be maintained on pavement, and shall remain unobstructed.
The Contractor shall not perform work on any street on the same day as refuse collection occurs, unless approved by the Engineer in writing in advance of such work.
Clearances from traffic lanes shall be five feet (5’) from the edge of any excavation and two (2) feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One four foot (4') wide paved pedestrian walkway shall be maintained in the parkway area on each side of all streets, except as specifically exempted by the Engineer. The clearance from the pedestrian walkway to any traffic lane shall be five feet (5')."
7.12. TIME OF COMPLETION
The time of completion of this project is 150 WORKING DAYS from the commencement date indicated on the Notice to Proceed.
7.13. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curb and gutter, sidewalks, driveways, sprinkler systems, pavement, structures, etc.) which are damaged or removed as a result of its operations. Repair of sidewalks and pavement shall be in accordance with APWA Standard Plan 113-1 Sidewalk & Driveway Replacement and the City of Lake Forest Trench and Backfill and Roadway Repair detail.
7.14. NOTIFICATION
The Contractor shall notify the City and the owners of all utilities and substructures not less than forty- eight (48) hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the CONTRACTOR and is not guaranteed to be complete or correct:
CITY OF LAKE FOREST (949) 282-5233
Attention: Mr. Doug Erdman, P.E., Engineering Services Manager/ Asst. City Engineer SOUTHERN CALIFORNIA EDISON COMPANY (949) 458-4667
Attention: Tim Brennan
AT&T (714) 666-5467
Attention: Valentina Gipson
COX COMMUNICATIONS (949) 546-2485
Attention: Sina Muckenfuss
After hours – SOC (Systems Operations Center) (949) 546-4100 THE GAS COMPANY (714) 643-3061
Attention: Brad Morrison ([email protected]) Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 67 IRVINE RANCH WATER DISTRICT (949) 453-5694
Attention: Belisario Rios
TRABUCO CANYON WATER DISTRICT (949) 858-0277
Attention: Lorrie Lausten
TRAFFIC SIGNAL MAINTENANCE (COMPUTER SERVICE CO.) (714) 981-7989 Attention: Jeff Telander
UNDERGROUND SERVICE ALERT (800) 422-4133
EMERGENCY INFORMATION
The names, addresses, and telephone numbers of the CONTRACTOR and Subcontractors, or their representatives, shall be filed with the Engineer and the County Sheriff's Department or the CITY Police Department prior to beginning work.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 68 8. SECTION 00800 TECHNICAL CONDITIONS
8.1. See Attachment for Technical Conditions
See Attachment for Technical Conditions
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 69 9. SECTION 00900 PLANS AND SPECIFICATIONS
9.1. See Attachments for Plans & Specifications
See Attachments for Plans & Specifications
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 70 10. APPENDIX A INSURANCE REQUIREMENTS
10.1. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officials, officers, employees, agents, and volunteers. Company or companies providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in the Contract Documents.
10.2. COMMERCIAL GENERAL LIABILITY INSURANCE
A. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CGL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder. Policy limits shall not be less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Defense costs shall be paid in addition to the limits.
B. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Contract Documents or law.
C. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City as a result thereof.
D. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 71 E. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchased by Contractor to restore the required limits. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
10.3. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under these Contract Documents, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Such insurance shall be provided in a form and with insurance companies acceptable to City and comply with the provisions of Section 6 below.
10.4. UMBRELLA OR EXCESS LIABILITY INSURANCE.
Contractor shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; B. Pay on behalf of wording as opposed to reimbursement; C. Concurrency of effective dates with primary policies; and D. Policies shall “follow form” to the underlying primary policies.
E. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
10.5. BUILDER’S RISK [“ALL RISK”]
The City has obtained Builder’s Risk [“All Risk”] extended coverage insurance for the Project. Contractor shall NOT procure Builder’s Risk [“All Risk”] insurance for this Project, and shall NOT include the cost of said coverage in its bid price/ the Contract Price.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 72 10.6. FORM AND PROOF OF CARRIAGE OF INSURANCE
A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A-:VII.
B. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from City. At the election of City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
C. Contractor shall cause its insurance carrier(s) to furnish City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by City’s Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. All required policies of Commercial General Liability, Automobile Liability insurance shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 01 01 (or endorsements providing the exact same coverage) to effectuate this requirement. Further, all policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance.
D. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to the Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect.
Contractor shall not take possession, or use the Project site, or commence operations under these Contract Documents until City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
E. All required insurance coverages shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its Subcontractors.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 73 F. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. The Contractor shall provide endorsement(s) to this effect at the City’s request.
G. City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
H. In the event any policy of insurance required by the Contract Documents does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.
I. Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.
J. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
K. Contractor shall be responsible for causing all Subcontractors of any tier working under this Contract to purchase insurance meeting the requirements contained herein, including adding the City its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO GC 20 38 04 13 (or an endorsement providing the exact same coverage) to effectuate this requirement. Contractor shall not allow any Subcontractor to commence work relating to these Contract Documents until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 74 11. PRICING PROPOSAL - BID LINE ITEMS
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTSProject:
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment shall be determined by the City from measured quantities of work performed based upon the unit price.
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Mobilization (6% of Total Bid) 1 LS
2 Clearing & Grubbing 1 LS
3 Construction Surveying Services 1 LS
4 Traffic Control 1 LS
5 SWPPP / Erosion Control 1 LS
6 Water Pollution Control and BMP
Implementation
1 LS
7 Remove and Dispose Existing PCC
Curb & Gutter
3,500 LF
8 Remove and Dispose Existing Sidewalk
& Curb Ramp
7,770 SF
9 Remove and Dispose of Existing Tree 1 EA
10 Remove and Dispose of Private ADA
ramp w/ Handrails
1 LS
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 75 Line Item Description Quantity Unit of
Measure
Unit Cost Total
11 Remove and Dispose Asphalt
Concrete Pavement & Base Material
22,070 SF
12 Remove and Dispose Concrete
Median Paving
4,000 SF
13 Excavate and Export Existing Soil 300 CY
14 Construct Grated Catch Basin Per
SPPWC 303-3 w/ 2 Grates
1 EA
15 Construct (Type A2-8) PCC Curb &
Gutter
816 LF
16 Construct 4" Thick PCC Sidewalk 7,343 SF
17 Construct Curb Ramp (Type 3) 1 EA
18 Construct (Type A1-6) PCC Median
Curb
2,423 LF
19 Construct (Type A2-6 W=12") PCC
Curb & Gutter
430 LF
20 Construct 6” Median Curb & Gutter
(Type D) City of Irvine Std. Plan 200,
Modified
740 LF
21 Construct 4” Thick PCC Stamped
Concrete
4,215 SF
22 Cold Plane 2” Thick 170,200 SF
23 Construct 2” AC Overlay 170,200 SF
24 Place AC Pavement 17,345 SF
25 Place Aggregate Base 17,345 SF
26 Construct ADA Ramp w/ 4" Curb and
Handrails (Private)
1 LS
27 Traffic Signal Modification 1 LS
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 76 Line Item Description Quantity Unit of
Measure
Unit Cost Total
28 Modify Existing Irrigation for
Proposed and Existing Plant Material
1 LS
29 Resod Grass / Replace Shrubs and
Mow Curb In-Kind
3,200 SF
30 Adjust Manhole to Grade 2 EA
31 Adjust Meter Box to Grade 1 EA
32 4” PCC Median Paving w/ Exposed
Aggregate Finish
1,453 SF
33 Traffic Signing and Striping 1 LS
34 Slurry Seal (Type 2) 242,000 SF
35 Sawcut and Join Existing AC Pavement 1 LS
36 Sawcut and Join Existing Curb, Gutter,
& Sidewalk
1 LS
37 Sawcut and Join Existing Walkway 1 LS
38 Potholing 10 EA
39 Provide and Install 24” Box Trees with
2 Bubblers per Tree and a Separate
Irrigation Valve for Trees. Tie into
Existing System.
8 EA
40 5 Gallon Shrubs 2,070 EA
41 1 Gallon Shrubs 118 EA
TOTAL
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 77 12. VENDOR REQUIRED FORMS
12.1. Bid Form*
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:
• TEMPLATE_Bid_Form_Section_0...
• TEMPLATE_Bid_Form_Section_0...
*Response required
12.2. Contractor’s Certificate Regarding Workers’ Compensation* Please download the below documents, complete, and upload:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract."
• Contractors_Certificate_Reg...
*Response required
12.3. Bid Bond*
Please download the below documents, complete, and upload. • TEMPLATE_Bid_Bond_Section_0...
*Response required
12.4. Noncollusion Declaration*
Please download the below documents, complete, and upload. • Noncollusion_Declaration_Se...
*Response required
12.5. Contractor Information and Experience Form*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid. • TEMPLATE_Contractor_Informa...
• Contractor_Information_and_...
*Response required
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 78 12.6. List of Subcontractors Form*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid. • TEMPLATE_List_of_Subcontrac...
• TEMPLATE_List_of_Subcontrac...
*Response required
12.7. Iran Contracting Act Certification*
Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid. • Iran_Contracting_Act_Certif...
*Response required
12.8. Public Works Contractor Registration Certification* Please download the below documents, complete, sign, scan, and upload. Incomplete forms without appropriate signatures will not be accepted and will result in incomplete bid. • Public_Works_Contractor_Reg...
*Response required
12.9. 1. Bid Form*
Please download the below documents, complete, and upload. • TEMPLATE_Bid_Form_Section_0...
*Response required
12.10. Required Licenses *
All traffic signal work under this Contract shall be considered specialty in nature. Any Contractor and/or subcontractor proposing to perform this specialty work must possess a valid Class C-10 license prior to award of contract. Persons performing the work of an electrician shall be certified in accordance with California Labor Code Section 3099. Proof of Certification shall be provided to the City prior to commencement of work. Please upload proof of certification. *Response required
12.11. General Condition Confirmation *
It is the Contractor’s responsibility to coordinate their work with the appropriate utility agencies to allow them to raise and lower their facilities to minimize disruption to the public. Utility agency contact information can be located on the first page of the Contract’s Construction Plans. This project will require coordination with Cox and Telepacific for the undergrounding of their facilities during the widening process. The City does not guarantee the tentative schedule, however, has provided it in the Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C Request for Bids (RFB) #22T04
Title: BAKE PARKWAY AND IRVINE BLVD./TRABUCO RD. STREET IMPROVEMENTS 79 City’s best efforts to preliminarily coordinate the work. Refer to Section SECTION 00700 GENERAL CONDITIONS for more information. To confirm, please check the box below. ☐ Please confirm
*Response required
Docusign Envelope ID: 17A6F85E-CAE6-4B51-B4EC-C2ED8375F40C
Attachment 4
NOTICE TO CONTRACTOR:
PROFESSIONAL.
PERFORMANCE OF WORK ON THIS PROJECT, EXCEPT FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN
HARMLESS THE DESIGN PROFESSIONAL FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE NORMAL WORKING HOURS. THE CONTRACTORS AND SUBCONTRACTORS FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD
PROVIDING FOR THE SAFETY OF ALL PERSONS AND PROPERTY AND SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT. THIS INCLUDES
GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THEY WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE
ALL CONTRACTORS AND SUBCONTRACTORS PERFORMING WORK SHOWN ON THESE PLANS AGREE THAT, IN ACCORDANCE WITH PLANS.
MEASURES TO PREVENT DAMAGE TO ANY UTILITY FACILITIES SHOWN AND ANY OTHER FACILITIES NOT SHOWN ON THESE AND/OR GRADE OF THE PROPOSED IMPROVEMENTS. THE CONTRACTOR IS REQUIRED TO TAKE DUE PRECAUTIONARY THE CONTRACTOR. THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAKING ANY NECESSARY ADJUSTMENTS TO ALIGNMENT SEARCH OF AVAILABLE RECORDS. THE LOCATIONS SHOWN ARE APPROXIMATE AND SHALL BE CONFIRMED IN THE FIELD BY
THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITY FACILITIES SHOWN ON THESE PLANS WERE OBTAINED BY A PREPARER OF THESE PLANS.
TO, OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING, AND MUST BE APPROVED BY THE CAUTION: THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES (949) 864-0296
(877) 366-8344
(714) 634-5062
(949) 458-4667
(949) 282-5233
(949) 453-5300
(949) 563-8861
(714) 963-7964
(714) 618-9132
SHEET INDEX
(BAKE/ IRVINE BLVD/ TRABUCO):
PUBLIC AGENCIES & UTILITIES
MCI VERIZON - DEAN BOYERS
CITY OF IRVINE
(469) 886-4238
(949) 724-7365
LANDSCAPE & IRRIGATION FOR BAKE PKWY
TRAFFIC SIGNAL
STRIPING
PLAN AND PROFILE FOR IRVINE BOULEVARD
PLAN AND PROFILE FOR BAKE PARKWAY
TYPICAL CROSS-SECTIONS/DETAILS
TITLE SHEET
10-13
9 7-8
6 4-5
2-3
1 ABBREVIATIONS
TELEPACIFIC - MARK DENNING
CENTURY LINK
SOCAL GAS DISTRIBUTION - EDWARD ALARCON
SOUTHERN CALIFORNIA EDISON - JEFF LAMENDOLA
CITY OF LAKE FOREST - DOUG ERDMAN
IRWD - DEVELOPMENT SERVICES
COX COMMUNICATIONS - MICHAEL KANE
AT&T DISTRIBUTION - JOSEPH FORKERT
AT&T GENERAL - VALENTINA GIBSON
C&G
EP
FG
TC
FL
AC
CL
CURB & GUTTER
EDGE OF PAVEMENT
FINISHED GRADE
TOP OF CURB
FLOW LINE
ASPHALT CONCRETE
CENTERLINE
PCCPORTLAND CEMENT CONCRETE
AB
R/WRIGHT OF WAY
EXISTING
BC
EC ( )
BEGIN CURVE
END CURVE EXISTING GRADE/GRADIENT
FSFINISHED SURFACE
EX
PROPPROPOSED
AGGREGATE BASE
CALIFORNIA BUILDING CODE CBC
WORKS CONSTRUCTION
STANDARD PLAN FOR PUBLIC SPPWC
CITY OF LA KE FOREST GENERAL N OT ES:
DECLARATIO N OF RES PO NSIBL E CH ARGE
PROJECT.
TO REVIEW ONLY, AND DOES NOT RELIEVE ME AS ENGINEER OF WORK OF MY RESPONSIBILITIES FOR THE
I UNDERSTAND THAT THE CHECK OF PLANS AND SPECIFICATIONS BY THE CITY OF LAKE FOREST IS CONFINED AND PROFESSIONS CODE, AND THAT THE DESIGN IS CONSISTENT WITH CURRENT STANDARDS.
RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF THE BUSINESS
I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED CITY OF LA KE FOREST EROSIO N CO NTROL N OT ES:
CITY OF LA KE FOREST EN VIRO NMENTAL N OT ES:
APPROPRIATE REVISIONS SHALL BE SUBMITTED TO THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER FOR REVIEW AND APPROVAL.
RESPONSIBILITY FOR THE CORRECTION OF ERRORS OR OMISSIONS DISCOVERED DURING CONSTRUCTION. UPON REQUEST, THE APPROVAL OF THESE PLANS BY THE CITY OR ITS AGENTS SHALL NOT RELIEVE THE CONTRACTOR OR THE APPLICANT FROM THE 18. 'AS-BUILT' RECORD DRAWINGS SHALL BE FURNISHED TO THE CITY UPON COMPLETION OF CONSTRUCTION.17.
A REGISTERED CIVIL ENGINEER, WHO IS AUTHORIZED TO PRACTICE LAND SURVEYING, OR A LICENSED LAND SURVEYOR.
SURVEY MONUMENTS SHALL BE PROTECTED AND PERPETUATED IN PLACE. DISTURBED OR COVERED MONUMENTS SHALL BE RESET BY 16.
THE CONTRACTOR SHALL MAINTAIN DUST CONTROL AT ALL TIMES.15.
RIGHT-OF-WAY AS DIRECTED BY THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER OR HIS AUTHORIZED REPRESENTATIVE.
THE CONTRACTOR SHALL REPAIR OR REPLACE ANY DAMAGED OR ALTERED EXISTING IMPROVEMENTS WITHIN THE PUBLIC 14.
OF PUBLIC WORKS/ CITY ENGINEER OR HIS AUTHORIZED REPRESENTATIVE SHALL BE NOTIFIED IMMEDIATELY.
IF EXISTING UTILITIES OR OTHER FACILITIES CONFLICT WITH THE PROPOSED IMPROVEMENTS, WORK SHALL STOP AND THE DIRECTOR 13.
CONTRACTOR SHALL EXCAVATE INSPECTION HOLES TO DETERMINE THE LOCATION AND DEPTH OF SAID STRUCTURES AND UTILITIES.
PRIOR TO BEGINNING CONSTRUCTION WORK WHICH COULD DAMAGE OR CONFLICT WITH UNDERGROUND STRUCTURES OR UTILITIES, THE 12.
NOT SUCH FACILITIES ARE SHOWN ON THE PLANS.
RESPONSIBLE FOR ANY DAMAGE TO EXISTING FACILITIES RESULTING DIRECTLY OR INDIRECTLY FROM THEIR OPERATIONS, WHETHER OR ANY CONTRACTORS PERFORMING WORK ON THIS PROJECT SHALL FAMILIARIZE THEMSELVES WITH THE SITE AND SHALL BE 11.
OVERLAY, WHICH COULD AFFECT ANY UNDERGROUND UTILITY.
HOURS MINIMUM) PRIOR TO ANY CONSTRUCTION ACTIVITIES, INCLUDING PAVEMENT REMOVAL, EXCAVATION AND ASPHALT CONCRETE PRIOR TO THE ISSUANCE OF A CITY ENCROACHMENT PERMIT. THE CONTRACTOR SHALL NOTIFY USA TWO FULL WORKING DAYS (48 STATE LAW SB 3019 REQUIRES THE CONTRACTOR TO OBTAIN AN IDENTIFICATION NUMBER FROM UNDERGROUND SERVICE ALERT (USA) 10.
OBSERVER.
NO CONCENTRATED FLOWS ARE PERMITTED ACROSS ASPHALT PAVEMENT WITHOUT APPROVAL FROM THE CITY'S PUBLIC WORKS 9.
PRECEDENCE.
AFFECTING UTILITY COMPANIES THAT ARE MORE STRINGENT, AND THEN THE UTILITY COMPANY STANDARD PLANS SHALL TAKE THE OCPW AND SPPCW STANDARD PLANS SHALL TAKE PRECEDENCE OVER ANY STANDARDS EXCEPT FOR STANDARD PLANS 8.
SATISFACTION OF THE CITY'S PUBLIC WORKS OBSERVER.
DEVICES IN ACCORDANCE WITH CURRENT STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, TRAFFIC MANUAL AND TO THE TRAFFIC FLOWS SHALL BE MAINTAINED AT ALL TIMES AND PROTECTED WITH ADEQUATE BARRICADES, LIGHTS, SIGNS AND WARNING 7.
PUBLIC WORKS OBSERVER.
STOCKPILING OF BUILDING MATERIALS WILL BE ALLOWED WITHIN THE PUBLIC RIGHT-OF-WAY WITHOUT THE PERMISSION OF CITY'S AFFECTED BY HIS CONSTRUCTION. METHOD OF STREET CLEANING SHALL BE BY DRY SWEEPING OF ALL PAVED AREAS. NO NUISANCE BEING CONTROLLED AT ALL TIMES. DEVELOPER SHALL BE RESPONSIBLE FOR ANY CLEAN UP ON ADJACENT STREETS TO THE SATISFACTION OF CITY'S INSPECTOR. THE ADJACENT STREETS SHALL BE KEPT CLEAN OF DEBRIS, WITH DUST AND OTHER THE CONTRACTOR SHALL MAINTAIN ADJACENT STREETS IN A NEAT, CLEAN, DUST FREE AND SANITARY CONDITION AT ALL TIMES AND 6.
STANDARD PLANS.
CONTROL JOINT, OR WEAKENED PLANE JOINT AND REPLACED IN CONFORMANCE WITH THE APPLICABLE PROVISIONS OF OCPW ALL DAMAGED CONCRETE SIDEWALKS OR CURBS SHALL BE SAW-CUT TO THE NEAREST TRANSVERSE SCORE MARK, OR ADJUSTABLE 5.
PERMIT. A COPY OF THE PERMIT SHALL BE KEPT ON THE CONSTRUCTION SITE AT ALL TIMES.
APPROVED PLANS DO NOT RELIEVE THE CONTRACTOR AND/OR DEVELOPER FROM RESPONSIBILITY TO OBTAIN AN ENCROACHMENT A CITY OF LAKE FOREST ENCROACHMENT PERMIT SHALL BE REQUIRED TO PERFORM WORK WITHIN THE PUBLIC RIGHT-OF-WAY. CITY 4.
WORKING DAYS (MINIMUM OF 48 HOURS) PRIOR TO STARTING CONSTRUCTION WORK WHICH REQUIRES PUBLIC WORKS' INSPECTION.
THE CONTRACTOR SHALL NOTIFY THE CITY OF LAKE FOREST'S PUBLIC WORKS OBSERVER AT (949) 461-3494 AT LEAST TWO 3.
PUBLIC WORKS CONSTRUCTION (SSPWC) AND CITY STANDARD PLANS ON THE CONSTRUCTION SITE AT ALL TIMES.
THE CONTRACTOR SHALL KEEP A COPY OF THE CURRENT ORANGE COUNTY PUBLIC WORKS (OCPW), STANDARD SPECIFICATIONS FOR 2.
REQUIREMENTS OF THE PERMIT.
ALL WORK SHALL BE IN ACCORDANCE WITH THE MUNICIPAL CODE ADOPTED BY THE CITY OF LAKE FOREST AND ANY SPECIAL 1.
TITLE SHEET FOR:
1 STREET IMPROVEMENTS
BAKE AND IRVINE/TRABUCO
IF ALLOWED, THE CRUSHING SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION.
TO PERMIT OR PROHIBIT CRUSHING OPERATIONS FOR UNTREATED BASE MATERIAL IN THE IMMEDIATE VICINITY OF THE PROJECT SITE.
MUST STATE THE PROPOSED LOCATION OF THE CRUSHER AND THE SOURCE OF RUBBLE TO BE CRUSHED. THE CITY HAS THE OPTION REQUEST AND OBTAIN THE CITY'S WRITTEN APPROVAL PRIOR TO AWARD OF THE CONSTRUCTION CONTRACT. THE WRITTEN REQUEST IF THE CONTRACTOR WISHES TO ENGAGE IN CRUSHING OPERATIONS AT THE PROJECT SITE, HE OR SHE MUST PROVIDE A WRITTEN 24.
GRANTED BY THE CHIEF BUILDING OFFICIAL OR HIS OR HER AUTHORIZED REPRESENTATIVE.
NO WORK MAY OCCUR ON ARTERIAL STREETS BEFORE 9:00 A.M. OR CONTINUE AFTER 3:00 P.M. UNLESS A TEMPORARY WAIVER IS 23.
REPRESENTATIVE.
HOLIDAYS UNLESS A TEMPORARY WAIVER IS GRANTED BY THE CHIEF BUILDING OFFICIAL OR HIS OR HER AUTHORIZED ON SATURDAYS. NO CONSTRUCTION ACTIVITIES SHALL BE PERMITTED OUTSIDE OF THESE HOURS OR ON SUNDAYS AND FEDERAL CONSTRUCTION ACTIVITIES MAY OCCUR BETWEEN 7:00 A.M. AND 7:00 P.M. MONDAYS THROUGH FRIDAYS, AND 9:00 A.M. AND 6:00 P.M. 22.
DESIGNATED.
LICENSED LAND SURVEYOR OR REGISTERED CIVIL ENGINEER TO RESET SUCH MONUMENTS, UNLESS OTHERWISE SPECIFIED OR DOCUMENTED BEFORE CONSTRUCTION. IF MONUMENTS ARE DISTURBED DURING CONSTRUCTION, THE CONTRACTOR SHALL PAY A PURSUANT TO SECTION 8771 OF THE BUSINESS AND PROFESSIONS CODE, EXISTING SURVEY MONUMENTS SHALL BE NOTED AND 21.
CITY'S INSPECTOR.
ALL WORK SHALL CONFORM TO THE PLANS AND SPECIFICATIONS IN ALL RESPECTS AND SHALL BE SUBJECT TO APPROVAL BY THE 20.
CONSTRUCTION.
IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO ASSURE THAT ALL PIPES WALLS, ETC. ARE ADEQUATELY BRACED DURING 19.
ARE CONTRARY TO THOSE SHOWN ON PLANS, THE DESIGN ENGINEER SHALL BE NOTIFIED BEFORE PROCEEDING WITH WORK.
CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS AND DIMENSIONS BEFORE STARTING WORK. SHOULD CONDITIONS EXIST WHICH 18.
STANDARD SPECIFICATIONS.
ALL IMPROVEMENTS AND TRAFFIC SIGNAL WORK WITHIN THE STATE RIGHT-OF-WAY SHALL CONFORM TO CURRENT CALTRANS 17.
STREET CONSTRUCTION AND IMPROVEMENTS SHALL NOT BE OPENED FOR PUBLIC USE UNTIL ACCEPTED BY THE CITY. 16.
REMOVE SIGNS AT THE TIME OF CITY ACCEPTANCE OF STREET IMPROVEMENTS.
THE SIGN SHALL HAVE 3" HIGH (MINIMUM) LETTERING AND MUST BE INSTALLED PRIOR TO ANY OCCUPANCY. DEVELOPERS SHALL
DEVELOPER ------------------- PHONE -----------
IS THE DEVELOPER'S RESPONSIBILITY.
MAINTENANCE OF THIS STREET AND RIGHT-OF-WAY
THE FOLLOWING SIGN SHALL BE POSTED AT ALL STREET INTERSECTIONS AND TRACT ENTRANCES.15.
MANHOLE CONSTRUCTION WITHIN PAVED STREETS.
SLURRY BACKFILL SHALL BE REQUIRED WHEN TUNNELING UNDER CURB AND GUTTER. SLURRY BACKFILL IS REQUIRED AROUND ALL 14.
ARROW BOARDS SHALL BE USED ON ANY LANE CLOSURES ON ARTERIAL STREETS.13.
CONTRACTOR SHALL OBTAIN ANY REQUIRED O.S.H.A. PERMITS PRIOR TO ANY EXCAVATIONS.12.
CONTENT TESTS AS APPROVED BY THE CITY OF IRVINE.
STRENGTH CONCRETE WITH 7 SACK TYPE II CEMENT OR 6 SACK TYPE V CEMENT, UNLESS DEEMED UNNECESSARY BY SULPHATE ALL CONCRETE WORK AS SHOWN ON PLANS (CURB & GUTTER, STORM DRAIN, PIPE, MANHOLES, SIDEWALK, ETC.) SHALL BE EXTRA 11. (2) WORKING DAYS PRIOR TO ANY EXCAVATION TO LOCATE EXISTING UTILITIES.
POTHOLING OR OTHER MEANS). CONTRACTORS SHALL NOTIFY UNDERGROUND SERVICE ALERT (U.S.A.) (800) 422-4133 AT LEAST TWO IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATION OF ALL EXISTING UNDERGROUND UTILITIES (BY 10.
GAS, ETC.) SHALL BE ADDED TO IMPROVEMENT PLANS.
PRIOR TO PLACING OF UNDERGROUND UTILITIES, THE LOCATION OF ALL UNDERGROUND FACILITIES (ELECTRICAL, TELEPHONE, CABLE TV, 9.
APPROPRIATE LETTER: "E" FOR EDISON, "T" FOR TELEPHONE, ETC., WHEREVER UNDERGROUND FACILITIES CROSS A STREET.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO LOCATE AND STAMP THE CURB ON EACH SIDE OF THE STREET WITH THE 8.
AN "S" ABOVE THE NEW LATERAL. INDIVIDUAL SEWER AND WATER SERVICES SHALL NOT BE LOCATED UNDER A DRIVEWAY.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO LOCATE NEW SEWER LATERALS CONSTRUCTED AND TO STAMP THE CURB WITH 7.
IMPROVEMENTS IN ACCORDANCE WITH THE CITY OF IRVINE STANDARD DRAWINGS.
IMPROVEMENTS IN A MANNER APPROVED BY THE CITY ENGINEER, OR THE CONTRACTOR SHALL SAWCUT, REMOVE AND REPLACE THOSE WHENEVER IT BECOMES NECESSARY TO TUNNEL UNDER EXISTING IMPROVEMENTS, THE CONTRACTOR SHALL SUPPORT THOSE 6.
DEEMED NECESSARY BY THE PROPOSED IMPROVEMENT.
IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ARRANGE FOR AND COORDINATE THE RELOCATION OF ANY EXISTING UTILITIES 5.
ISSUED BY THE CITY OF IRVINE.
ANY EXISTING PAVEMENT DISTURBED BY THE CONSTRUCTION OF UNDERGROUND INSTALLATIONS SHALL BE COVERED BY A PERMIT 4.
ENGINEER.
FACILITIES CROSSING EXISTING ARTERIAL STREETS REQUIRES BORING OR JACKING, UNLESS OTHERWISE APPROVED BY THE CITY ALL UNDERGROUND FACILITIES SHALL BE INSTALLED PRIOR TO SURFACING OF STREETS. THE INSTALLATION OF ALL UNDERGROUND 3.
OPERATIONS (949) 724-7649, AT LEAST TWO WORKING DAYS (48 HOURS) PRIOR TO STARTING CONSTRUCTION.
THE CONTRACTOR SHALL TELEPHONE THE CITY OF IRVINE INSPECTIONS (949) 724-6500 AND THE CITY OF IRVINE TRAFFIC 2.
TRAFFIC CONTROL HANDBOOK (W.A.T.C.H. MANUAL), CALTRANS STANDARD SPECIFICATIONS, ADA, CALIFORNIA MUTCD AND TITLE 24.
CITY OF IRVINE STANDARD DRAWINGS, CITY OF IRVINE STANDARD SPECIFICATIONS, THE UNIFORM BUILDING CODE, THE WORK AREA ALL WORK SHALL CONFORM TO THE MOST CURRENT EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1.
CITY OF IRVINE GENERAL N OT ES:
RESPECTIVE STATE REGIONAL WATER QUALITY CONTROL BOARD.
OF NON-CONTAMINATED GROUNDWATER REQUIRES A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE DEWATERING OF CONTAMINATED GROUNDWATER, OR DISCHARGING CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING5.
UNDER FEDERAL REGULATIONS 40 CFR PARTS 117 AND 302.
OR THREATEN TO INCREASE POLLUTION, CONTAMINATION, OR NUISANCE; OR CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; CAUSE PERMITTEE MAY DISCHARGE MATERIAL OTHER THAN STORM WATER ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF4.
FEDERAL REQUIREMENTS.
PHYSICALLY SEPARATED FROM POTENTIAL STORM WATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE, AND DURING CONSTRUCTION, PERMITTEE SHALL DISPOSE OF SUCH MATERIALS IN A SPECIFIED AND CONTROLLED TEMPORARY AREA ON-SITE,3.
CLEANING OR CHEMICAL DEGREASING; AND SUPERCHLORINATED POTABLE WATER LINE FLUSHINGS.
WASH WATER AND CONCRETE WASH WATER; CONCRETE, DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/EQUIPMENT STEAM FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR, OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT FROM PAINTS, STAINS, SEALANT, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINTS POLLUTANTS OFF THE SITE. POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES PERMITTEE SHALL MAINTAIN CONSTRUCTION SITE IN SUCH CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR2.
THAT DUMPING OF CHEMICALS INTO THE STORM DRAIN SYSTEM OR THE WATERSHED IS PROHIBITED.
THE PERMITTEE SHALL NOTIFY ALL GENERAL CONTRACTORS, SUBCONTRACTORS, MATERIAL SUPPLIERS, LESSEES, AND PROPERTY OWNERS1.
DATE: SIGNATURE:
THE APPROVED PLANS.
THE UNDERSIGNED CIVIL ENGINEER SHALL INSPECT THE EROSION CONTROL WORK AND ENSURE THAT THE WORK IS IN ACCORDANCE WITH8.
ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION.
THE PERMITTEE AND CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS7.
WORKING DAY. DRAINAGE TO BE DIRECTED TOWARD DESILTING FACILITIES.
GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPES AT THE CONCLUSION OF EACH 6.
AFTER A RAINSTORM, ALL SILT AND DEBRIS SHALL BE REMOVED FROM STREETS, CHECK BERMS, AND BASINS.5.
PROBABILITY FORECAST EXCEEDS 40 PERCENT.
ALL REMOVABLE EROSION PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING DAY WHEN THE 5-DAY RAIN4.
EROSION CONTROL DEVICES SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE BUILDING OFFICIAL.3.
DEVICES WHEN RAIN IS IMMINENT.
MATERIALS SHALL BE AVAILABLE ONSITE OR STOCKPILED AT CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF TEMPORARY EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHALL BE MADE AVAILABLE AT ALL TIMES DURING THE RAINY SEASON. NECESSARY2.
CELL/HOME TELEPHONE NO.:WORK TELEPHONE NO.:
IN CASE OF EMERGENCY CALL: (NAME)1.
BENCHMARK
BASIS OF BEARIN GS A N D CO ORDIN AT ES
ELEVATION: 434.90, NAVD88 DATUM, "YEAR LEVELED 1990"
LEVEL WITH THE SIDEWALK, PER ORANGE COUNTY SURVEYOR "VERITICAL CONTROL DATA SHEET O.C.S. 1995 ADJUSTMENT".
TRABUCO ROAD, 55.3 FT. SOUTHERLY OF THE CENTERLINE OF PASEO SOMBRA AND 1.1 FT. NORTHEASTERLY OF A STREET SIGN. MONUMENT IS SET IN THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF TRABUCO ROAD AND PASEO SOMBRA, 51 FT. EASTERLY OF THE CENTERLINE OF 3 3/4" OCS ALUMINIM BENCHMARK DISK STAMPED "3E-96-78", SET IN THE TOP OF A 6 IN. BY 6 IN. CONCRETE POST. MONUMENT IS LOCATED THE BASIS OF ELEVATIONS FOR THIS SURVEY IS THE NORTH AMERICAN DATUM OF 1988 (NAVD88) AND ARE ON BENCHMARK 3E-96-78, BEING A FOUND N: 2184067.770, E: 6121763.910
TRANQUILO, 34.75' NE'LY FROM ITS INTER WITH TRABUCO RD.
FD PUNCHED 2' BRASS DISK, STAMPED "LS3419", DOWN 1.8' IN WELL MONUMENT. STATION IS LOCATED ALONG THE CENTERLINE OF PASEO STATION 6675
N: 2185085.470, E: 6119539.470, CGF: 0.99995575, CONVERGENCE: -0°47'54.27289" TRABUCO RD./ IRVINE BLVD.
FD 1 1/4" BRASS CAP STAMPED "RCE 16583", DOWN 1.6' IN WELL MONUMENT. STATION IS LOCATED AT CENTERLINE INTER OF BAKE PKWY. AND STATION 6669
GRID BEARING STATION 6669 TO STATION 6675: S65°24'56"E
CONTROL DATA SHEETS.
BASED UPON THE GRID BEARING BETWEEN STATION 6669 AND STATION 6675, AND IS DETERMINED BY GPS RTK SURVEYOR HORIZONTAL THE BASIS OF BEARING AND COORDINATES FOR THIS SURVEY IS THE CALIFORNIA CO RDINATE SYSTEM OF 1983 (CCS83) ZONE 6, EPOCH 2017.50, JOSEPH G. HAMMOND
51540
CIVIL
JOSEPH G. HAMMOND RCE 51540 DATE
LINCOLN LO R.C.E. NO. 66116 DATE
CITY ENGINEER
APPROVED BY CITY OF IRVINE:
DATE APPROVAL
REVISIONS
NO.
PREPARED BY
DESIGNED BY: DRAWN BY: CHECKED BY:
DATE
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Underground Service Alert
Call: TOLL FREE
TWO WORKING DAYS BEFORE YOU DIG
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1-800-422-4133
21-AUG-2024 13:43
\\cp.rickeng.com\projects\C_ORN_O\18291A_BakePkwyTrabuco\Civil\Improvements\ORN CorpStds 2005.dscript \\cp.rickeng.com\projects\C_ORN_O\18291A_BakePkwyTrabuco\Civil\Improvements\18291A_imp_01_Title.dgn REVISION DATE: 9/17/14
DATE
CITY OF LAKE FOREST
SHT. OF
J-18291A
IN PUBLIC RIGHT-OF-WAY ONLY
APPROVED FOR CONSTRUCTION
13CITY ENGINEER
PUBLIC WORKS DIRECTOR/
THOMAS WHEELER, P.E.
DETAILS FOR:
TYPICAL CROSS-SECTIONS/
R.C.E. No. 51540 EXP. DATE: 6-30-24 JOSEPH G. HAMMOND
DATE: JANUARY 10, 2024
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3 ATTACHMENT 5
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3 RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE FOREST, CALIFORNIA, AMENDING
THE 2023-2030 CAPITAL IMPROVEMENT PLAN;
AMENDING THE 2023-2025 OPERATING BUDGET;
AMENDING APPROPRIATIONS FOR FISCAL YEAR
2024-25
WHEREAS, the 2023-2030 Capital Improvement Plan was adopted by the City Council on June 20, 2023; and
WHEREAS, the 2023-2025 Operating Budget was adopted by the City Council on June 20, 2023; and
WHEREAS, the appropriations for Fiscal Year 2024-25 were adopted by the City Council on June 4, 2024;
WHEREAS, modifications are now required as a result of changes during Fiscal Year 2024-25.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
FOREST DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
Section 1. The City Council’s adoption of this Resolution is not a project within the meaning of the California Environmental Quality Act. Specifically, the City’s adoption of the Resolution is an administrative and fiscal function of the City that does not commit the City to any specific project or course of action. (State CEQA Guidelines, sections 15378(b)(4) & (b)(5).) Thus, no environmental review of the Resolution is required. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five working days of the adoption of this Resolution.
Section 2. The Lake Forest Traffic Mitigation Fund is amended to increase its Capital Improvement Plan Appropriations for Fiscal Year 2024-25 as demonstrated in Exhibit A.
Section 3. The Lake Forest Traffic Mitigation Fund is amended to increase its Revenue Estimates for Fiscal Year 2024-25 as demonstrated in Exhibit A
Section 4. The Director of Finance is hereby authorized to move appropriations between programs within program area budgets in concurrence 4 9
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3 with Department Directors.
Section 5. The City Manager is hereby authorized to transfer appropriations from one program area to another or between funds within the Operating Budget with notification to the City Council Audit Committee.
Section 6. The City Manager is hereby authorized to transfer appropriations from a capital improvement project to another existing project within the adopted Capital Improvement Program with notification to the City Council Audit Committee.
Section 7. The City Clerk shall attest as to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City.
PASSED, APPROVED AND ADOPTED this 4th day of February 2025, by the following vote, to wit:
ATTEST:
SCOTT VOIGTS
MAYOR
LISA BERGLUND
CITY CLERK
APPROVED AS TO FORM:
MATTHEW RICHARDSON
CITY ATTORNEY
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3 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2024- was duly passed and adopted at a regular meeting of the Lake Forest City Council on the 4th day of February 2025, by the following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
LISA BERGLUND
CITY CLERK
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3 EXHIBIT A
AMENDMENT TO THE 2023-2030
CAPITAL IMPROVEMENT PLAN,
AMENDMENT TO 2023-2025
OPERATING BUDGET ,AMENDMENT
TO FISCAL YEAR
2024-25 APPROPRIATIONS
Capital Improvement Plan Appropriations
Funding Source Project
Current
Budget
Increase
(Decrease)
Amended
Budget
Lake Forest
Traffic Mitigation
Bake/Irvine –
Trabuco Rd
Modification $2,844,566 $1,405,434 $4,250,000
Total $4,250,000
Other Funds Operating Appropriations
Fund Name Current Budget
Increase
(Decrease) FY 2024-25
Lake Forest Traffic Mitigation $478,200 $2,125,000 $2,603,200 Total $2,603,200
CITY COUNCIL AGENDA REPORT
MEETING DATE: 2/4/2025
DEPARTMENT: City Clerk
SUBJECT:
COMMISSION APPOINTMENTS TO CITY COMMISSIONS
RECOMMENDED ACTION(S):
1. Mayor Pro Tem Pequeno and Council Member Cirbo shall make one appointment to each of the City Commissions and Council Member Tettemer shall make one appointment to the Traffic and Parking Commission, OR
2. Instruct the City Clerk to reopen the recruitment for applications to fill certain vacancies.
EXECUTIVE SUMMARY:
On April 3, 2018, the City Council adopted Ordinance 304, which establishes the process for appointing Commissioners. In accordance with the Appointment of Commission Members Policy, applications were transmitted to City Council Members who then had the opportunity to conduct interviews with applicants prior to this evening’s meeting (Attachment 1). Staff advertised the opportunity for available Commission seats on social media and the City’s website with a submission deadline of January 20, 2025. Applications were accepted utilizing an online portal. Four residents submitted applications for the Community Services Commission (Attachment 2). Twelve residents submitted applications for the Planning Commission (Attachment 3). Eight residents submitted applications for the Traffic and Parking Commission (Attachment 4). Each application was received prior to the deadline of January 20, 2025. At this time, it is appropriate for the City Council to make appointments and to ratify the appointments with the assent of one other Council Member.
BACKGROUND:
Municipal Code Section 2.06.050 states “Each member of the City Council shall appoint one (1) member to each board and commission within ninety (90) days of being sworn in as a member of the City Council.” The 2024 General Election warrants one appointment to each City Commission by re-elected Mayor Pro Tem Robert Pequeno and re-elected Council Member Doug Cirbo. Council
Member Mark Tettemer also has one appointment to the Traffic and Parking Commission due to the resignation of Vladimir Anderson. Appointments by Mayor Pro Tem Pequeno and Council Member Cirbo will be for a term of four (4) years. Council Member Tettemer’s appointment to the Traffic and Parking Commission will be for a term of approximately two (2) years.
DISCUSSION:
Tonight, commissioner appointments may take place in alphabetical order according to the name of each commission:
1. Community Services Commission
Appointments to the Community Services Commission will be made in the following order: Mayor Pro Tem Pequeno, followed by Council Member Cirbo.
2. Planning Commission
Appointments to the Planning Commission will be made in the following order: Mayor Pro Tem Pequeno, followed by Council Member Cirbo.
3. Traffic and Parking Commission
Appointments to the Traffic and Parking Commission will be made in the following order: Mayor Pro Tem Pequeno, followed by Council Member Cirbo and finally Council Member Tettemer.
The City received four applications for the Community Services Commission, twelve applications for the Planning Commission, and eight applications for the Traffic and Parking Commission. On January 22, 2025, applications were provided to the Council Members. The following is a list of those applicants.
Community Services Commission
Victor Scherr
Justo Fuentes
Thomas Hughes
Amy Stevens
Planning Commission
Jordan Villwock
Sang Park
Lori Berger
Jonathan Rall
Jolene Fuentes
Thomas Hughes
Brandon De Rosa
Tom Grable
Christopher Stricklin
Hiva Kamanger
Traffic and Parking Commission
Gerado Camarena
James Fouste
Sid Marashi
Sang Park
Dave Frankeny
Thomas Hughes
Anil Patel
Zia Jones
The Appointment of Commission Members Policy states at the meeting where Commissioner appointments are made, “each appointing Councilmember shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Councilmember other than appointing Councilmember.” At this time, it is appropriate to ratify the nominations to each commission.
FISCAL IMPACT:
There is minimal fiscal impact associated with the recommended action.
ATTACHMENTS:
1. Appointment of Commission Members Policy
2. Community Services Commission Applications
3. Planning Commission Applications
4. Traffic and Parking Commission Applications
Initiated By: Lisa Berglund, City Clerk
Submitted By: Lisa Berglund, City Clerk
Approved By: Debra Rose, City Manager
ATTACHMENT 1
City Council Policy CC.07.01: Appointment of Commission Members Adopted 1993; Revised 4/3/18; 1/7/20 Page 1 of 4
CITY COUNCIL POLICY: APPOINTMENT OF
COMMISSION MEMBERS
Reaffirmed : January 7, 2025 CC.07.01
1 INTRODUCTION
The Lake Forest City Council appoints members to its boards and commissions pursuant to the Lake Forest Municipal Code.
2 BACKGROUND
On April 3, 2018, the City Council adopted Ordinance No. 304, which amended chapter 2.06 of the Lake Forest Municipal Code to provide for “one-to-one” appointment of board and commission members by Councilmembers. Before Ordinance No. 304, board and commission members were appointed by a majority vote of the City Council. Under the “one-to-one” approach, each Councilmember appoints one member to each board and commission, and each board or commission member serves a term tied to that of the appointing Councilmember.
This policy provides a process for the City Clerk and Councilmembers to implement the one-to-one appointment approach and ensure a fair, open, and public appointment process within the 90-day timeframe prescribed by Lake Forest Municipal Code section 2.06.050.
3 PURPOSE
The purpose of this policy is to implement the commission and board member appointment provisions of Lake Forest Municipal Code, chapter
2.06. 4 APPLICATIONS AND RECRUITMENT
4.1 Open Call
4.1.1 Within five business days after the swearing in of a Councilmember or upon the occurrence of a vacancy on a board or commission, the City Clerk shall publish an open call for applications for consideration of an appointment(s) to the applicable board(s) or commission(s).
City Council Policy CC.07.01: Appointment of Commission Members Adopted 1993; Revised 4/3/18; 1/7/20 Page 2 of 4
4.1.2 The call shall remain open for 30 days. If deemed necessary by the City Clerk to ensure a fair and public call for applications, the City Clerk may extend the call for a fixed and reasonable period after 30 days.
4.1.3 The call for applications must be open to the public. Any Councilmember may recruit or encourage individuals to apply during the call, but an individual need not be referred by a Councilmember to apply.
4.1.4 To avoid Brown Act violations, Councilmembers should not discuss or consult with each other about potential applicants.
4.2 Applications
Qualified residents are encouraged to complete and submit an application to the City Clerk by the respective deadline. The City Clerk shall post all applications to the City website during the Councilmember Review period, following the close of the application submittal deadline.
4.3 City Clerk Review
The City Clerk shall review each application to determine whether the application is complete and whether an applicant is qualified to serve on a board or commission.
• The qualifications to serve on a board or commission, pursuant to Lake Forest Municipal Code § 2.06.030 are as follow: a resident of the City,
• a registered to vote in the City, and
• not an officer or employee of the City.
If the applicant submits a complete application, but is not qualified at the time of submittal, the City Clerk shall inform the applicant of criteria that must be met in order to be considered for an appointment.
City Council Policy CC.07.01: Appointment of Commission Members Adopted 1993; Revised 4/3/18; 1/7/20 Page 3 of 4
5 REVIEW AND SELECTION
5.1 Transmission of Applications
Within five business days after the close of the call for applications, the City Clerk shall transmit all complete applications to each appointing Councilmember.
5.2 Councilmember Review
5.2.1 Once the call for applications is closed, Councilmembers may consider for appointments only those individuals with applications transmitted to Councilmembers by the Clerk.
5.2.2 Appointing Councilmembers may interview applicants in- person, via teleconference, or via video conference or may send applicants additional questions in writing. Councilmembers may also consider applicants without conducting interviews or further communication.
5.2.3 Councilmembers should note that any written communication with applicants may be discoverable under the Public Records Act.
5.3 Selection
5.3.1 An appointing Councilmember shall send written notification of his or her appointment selection to the City Clerk. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Councilmembers that the applicant has been selected.
5.3.2 If an appointing Councilmember wishes to change his or her selection prior to the time appointments are placed on an agenda for consideration, the Councilmember must notify the City Clerk of the new selection as soon as possible. Within 24 hours after the City Clerk receives such notification, the City Clerk shall notify all appointing Councilmembers that a new applicant has been selected.
5.3.3 To avoid Brown Act violations, Councilmembers should not discuss or consult with each other about their selections.
City Council Policy CC.07.01: Appointment of Commission Members Adopted 1993; Revised 4/3/18; 1/7/20 Page 4 of 4
5.4 Timing of Review and Section
To ensure completion of the appointing process within the 90-day timeframe for appointments (LFMC, § 2.06.050), appointing Councilmembers’ review and selection should be completed within 30 days of the City Clerk’s transmission of the completed applications to the Councilmembers. If a Councilmember requires more than 30 days to complete their review and selection, the Councilmember should immediately notify the City Clerk.
6 AGENDA AND APPOINTMENT
6.1 Agenda
Within 30 days, or other time period as deemed necessary by the City Clerk to meet the 90-day time frame for appointments (LFMC, §
2.06.050), after the City Clerk transmitted the applications to the appointing Councilmembers, the City Clerk shall place on the agenda for open session of a regular or special meeting the appointment(s) to a board or commission.
6.2 Appointment
At the meeting, each appointing Councilmember shall announce his or her selection for appointment to a board or commission. The appointment must be ratified by one other Councilmember other than appointing Councilmember.
6.3 Term
No person shall be eligible to serve as Commissioner on any one Commission for more than two (2) four (4) year terms. Said term limits begin with appointments made as a result of the 2020 General Election. Notwithstanding the foregoing, any person who is appointed for the balance of a four (4) year term, but who serves for less than four (4) years in that office, shall be eligible for appointment for two (2) consecutive four (4) year terms thereafter.
Appointees are eligible to serve two (2) four (4) year terms on multiple Commissions.
7. AUTHORIZED BY
Lake Forest City Council
January 7, 2024, Item No. 16
Attachment 2
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From: No Reply
To: Commission Applications; Volzke, Jonathan; Marroquin, Ruthie; [email protected] Subject: Webform submission from: Community Services Commission Application Date: Thursday, January 16, 2025 1:06:20 PM
Submitted on Thu, 01/16/2025 - 13:06
Submitted by: Anonymous
Submitted values are:
First Name
Justo
Last Name
Fuentes
Address
Foothill Rnch, California. 92610
Phone Number
Email
1. How long have you lived in the City if Lake Forest?
I have lived in Lake Forest since 2005. My wife and I are raising our kids in here in Lake Forest.
2. Did you vote in the 2024 election?
Yes. I voted in both the Primary and General Election.
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
No
4. Are you a graduate of the City's Leadership Academy? No
5. Do you participate in any of the City's Advisory Groups? No
6. Do you regularly attend meetings of the City Council or the Commissions? No. but occasionally watch online.
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? I have not spoken at a city council or commission meeting.
8. What City sponsored workshops or seminars have you attended? None.
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
I'm involved with Arenado Baseball Club coordinating annual golf tournaments, tournament scheduling and coaching. I was also involved with with Abilities Unlimited, a special needs program, coordinating volunteer opportunities throughout the Lake Forest community.
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
I have been deeply involved in the community of Lake Forest through youth sports, church, and community organizations. I have 2 kids who play Little League & AYSO. I have attended Lake Forest Chamber of Commerce events. I'm currently coaching my sons rookie ball team.
My daughter is involved with Gymnastics at Wild Fire.
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
I have met a few if the City Council members and Commissioners over the years but don't have any social or business relationships,
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
No, although I have encouraged neighbors, friends and family to vote for people I have supported.
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
No
14. What does the term “legislative body” mean to you?
A legislative body means a group of people with the authority to change, make or repeals laws of a specific jurisdiction.
15. The Brown Act – in your own words – what does it mean to you? The Brown Act to me means that all local government meetings have to be made public. The Act ensures that the public's right to attend and participate in local government meetings.
16. What do you hope to accomplish during your time of service as a Community Services Commissioner?
My goal is to ensure the growth and well-being of our community that utilizes practical and common-sense recommendations. I don't have any major plans to change anything other than be a solid driving force for good in our community. Our services should be available to everybody and anyway I can help that process forward I will do so. I hope to share my experience and insights regarding youth sports and special needs programming.
17. What prompted you to apply for appointment to the Community Services Commission?
I am deeply invested in the well-being of our city, having lived here for 20 years. My
Thomas Hughes Esq. T E
Technical, Programmatic, and Human Resources Experience NASA Jet Propulsion Laboratory | University Programs | 2021 - 2025 Full-cycle university technical & business program manager; managing interns to early career talent, while creating intern programs as well as in-person campus events & conference roadshows ● Organizer of on-campus university programs, including developing hiring and mentorship programs nationwide ● Led onboarding programs, intern orientations, and new hire mentorship programs ● Created regular reporting metrics to management on early career processes and outcomes for 600+ interns LYFT | Manager, University Programs | San Francisco, CA | 2018 - 2020 Built from the ground up, Lyft’s full-cycle campus program and team (both tech & non-tech), designing remote & on-campus programmatic strategies by developing supportive teams, programs, & partnerships ● Built, scaled, and managed a University Programs team of 4 to 18 in less than two years, while simultaneously evolving hiring strategies to scale early talent programs from 28 interns & new grads in 2018 to 300+ in 2020 ● Led key reporting metrics of programmatic outcomes, migrated legacy software, and captured hiring trends ● Planned and led all financial and headcount planning efforts for Lyft’s early talent & intern programs UBER | University Programs| San Francisco, CA | 2016 - 2017 Full-cycle campus technical programs lead, owning university recruitment strategies, early career and intern programs, and created an apprenticeship program for entry-level software engineers ● Developed full-cycle campus programs for BS, MS, and Ph.D interns & new grads at universities nationwide ● Trained new hires, including recruiters, coordinators, HR generalists, and Uber’s India University HR team INTO University Partnerships | The University of Alabama at Birmingham | Marketing & Program Manager | 2016 Successfully managed this startup public/private university programs joint venture - built from the ground up - growing enrolments by 21% in one summer-to-semester cycle and hired staff simultaneously to support this growing effort ● Developed a comprehensive programmatic and marketing plan to build UAB’s brand and drive enrollments across all programs through a region-by-region Undergraduate and Graduate enrollment strategy ● Developed relationships internationally ( traveled a lot ) with US-focused international university counselors & reps Legal Experience
ATTORNEY | Licensed Attorney in California since 2006
Estate Planning and Business Attorney | 2015-2016
● Deemer Law Group | Wills, Trusts, & Estates | Business Formation Attorney | San Diego, CA | 2015 - 2016 o Created a San Diego office - drafting trusts, creating estate plans, and establishing businesses Trial attorney and local government specialist - first as a prosecutor and then as a defense attorney | 2007 - 2015 ● Monterey County Public Defender’s Office | Deputy Public Defender | Salinas, CA | 2012 - 2015 o Conducted +45 Jury Trials - from misdemeanor, drug sales & possession, to general felonies ● Thomas Hughes Law | Private Criminal Defense Attorney | San Diego, CA | 2009 - 2012 o Started solo law practice specializing in criminal defense for both misdemeanors & felonies ● San Diego Office of Assigned Counsel | Contract Criminal Defense Attorney | San Diego, CA | 2009 - 2012 o Contract attorney with the city of San Diego to assist with indigent criminal defense clients ● Riverside County District Attorney’s Office | Deputy District Attorney | Riverside, CA | 2007-2009 o Conducted +50 Jury Trials - from juvenile, misdemeanor, general felony, drug & conservatorship
EDUCATION
Whittier Law School | Juris Doctor | Two Full Dean’s Merit Scholarships | Costa Mesa, CA | 2003-2006 California State University, Sacramento | B.A. Government | Sacramento, CA | 1999 - 2003
COMMUNITY
Lake Forest Academy Graduate - 2024 | Career Coach & Volunteer | Boys & Girls Club Mentor
From: No Reply
To: Commission Applications; Volzke, Jonathan; Marroquin, Ruthie; [email protected] Subject: Webform submission from: Community Services Commission Application Date: Sunday, January 19, 2025 4:15:45 PM
Submitted on Sun, 01/19/2025 - 15:37
Submitted by: Anonymous
Submitted values are:
First Name
Thomas
Last Name
Hughes
Address
Lake Forest, California. 92630
Phone Number
Email
Resume
Thomas Hughes Esq. Resume.pdf
1. How long have you lived in the City if Lake Forest?
One year.
2. Did you vote in the 2024 election?
Yes
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
No
4. Are you a graduate of the City's Leadership Academy? Yes
5. Do you participate in any of the City's Advisory Groups? No
6. Do you regularly attend meetings of the City Council or the Commissions? No
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? Not yet - new to community. Recently moved back to Southern California from San Francisco.
8. What City sponsored workshops or seminars have you attended? Not yet - new to community. Recently moved back to Southern California from San Francisco.
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
I have managed organizations and people since 2008 - from managing interns and new attorney hires while working for the district attorney's office and later as a public defender, to when I transitioned into the tech space in 2015, finding myself building entire teams from scratch, leading hiring committees, conference committees, and leading organizations, interns, as well as managing people directly to achieve quarterly objectives. My attached resume outlines this work in more detail.
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
Mostly as a home-buyer here in the beautiful Meadows community so far. Having moved to Lake Forest less than a year ago, I just completed the Lake Forest Academy in 2024, and I am excited for the opportunity to serve on a commission to continue to assist.
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
No
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
No
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
No
14. What does the term “legislative body” mean to you?
This term usually refers to a group of people who are elected to represent the interests of the people who elected them by responsibly making laws and overseeing how monies are spent and employees of the body they represent perform to ensure governance of their jurisdiction are proudly, ethically, and judiciously represented.
15. The Brown Act – in your own words – what does it mean to you? This was a law passed in the 50s which requires city councils (and similar elected bodies) to be "open and public." In other words, the public must have access to the meetings where decisions are made which can directly or indirectly affect members of that community. How access is determined relates to issues surrounding agendas being posted, public comment about future legislation must be obtained, and violations of the above must be enforced. This act helped to promote more transparency for the public with respect to the elected officials representing them.
Amy Stevens, MA, APR
| | L inkedIn
Experience
Communications Regional Lead, Southern California | Water Systems Consulting | 2021 – Present Acting Director of Strategic Communications | April – August 2024 & May – August 2023 • Develop and execute strategic communications plans that align with organizational and client goals, emphasizing environmental sustainability and community engagement. • Collaborate with executive leadership to craft messaging for public outreach, crisis communications, and stakeholder engagement.
• Manage high-profile campaigns and initiatives, including strategic planning workshops and public education programs, achieving measurable increases in community trust and awareness. • Lead media relations efforts, securing consistent coverage in regional outlets to highlight water conservation and sustainability projects.
• Coordinate community outreach events, engaging diverse audiences to strengthen public understanding of water systems and policies.
• Oversee the creation of communication materials, including reports, presentations, and digital content, ensuring alignment with brand standards and organizational goals.
Director of Public Relations | Chapman University | 2019 – 2021 • Crafted and executed university-wide communication strategies, increasing institutional visibility, and strengthening stakeholder relationships.
• Successfully managed responses to crises, including high-profile incidents, resulting in positive outcomes with no long-term reputational harm.
• Expanded media outreach efforts, earning coverage in top-tier national outlets such as The New York Times, CNN, and The Los Angeles Times.
• Launched an internal communications initiative to improve transparency and employee engagement, leading to a 20% increase in staff satisfaction survey scores. • Enhanced the university’s online presence through targeted digital campaigns and storytelling.
Senior Communications Specialist | SchoolsFirst Federal Credit Union | 2017 – 2019 • Directed strategic communication campaigns to enhance member engagement and expand organizational visibility.
• Spearheaded the development of a member-focused newsletter, resulting in a 25% increase in readership.
• Coordinated community events that strengthened organizational relationships with members and increased participation by 30%.
• Supported crisis communications efforts, managing internal and external messaging to maintain trust during challenging situations.
Director of Marketing & Public Relations | Interact Communications | 2016 – 2017 • Partnered with the California Community Colleges Chancellor’s Office to design and execute statewide marketing initiatives, resulting in increased public awareness and engagement. • Managed the production of marketing materials, including newsletters, press releases, and digital content, driving consistent brand messaging across all platforms. • Developed and implemented strategies that increased community college enrollment by 15% over two years.
Public Information Officer | Garden Grove Unified School District | 2013 – 2015 • Led district-wide communications to highlight student achievements and district initiatives, earning recognition from local and regional media outlets.
• Designed and executed community engagement programs that fostered trust and collaboration between the district and local stakeholders.
• Created a district crisis communications plan, ensuring preparedness and timely responses to potential challenges.
Public Information Officer | Saddleback College | 2010 – 2013 • Developed media campaigns that successfully increased enrollment by 10% over three years. • Collaborated with faculty and staff to create internal and external communication materials, strengthening community partnerships.
• Secured local media coverage for key college initiatives, boosting public awareness of campus programs.
Public Information Assistant | Coast Community College District | 2007 –2010 • Managed district-wide communications, overseeing a $500,000 budget to support strategic campaigns and initiatives.
• Authored newsletters and press materials that improved community engagement and increased enrollment across the district.
• Supported crisis communication efforts, ensuring timely and accurate dissemination of information.
Education & Certifications
• Accreditation in Public Relations (APR), Public Relations Society of America, 2022
• Master of Arts, Communication, California State University, Fullerton, 2010 • Bachelor of Arts, Technical and Professional Writing, San Francisco State University, 2005 • Bachelor of Arts, Psychology, San Francisco State University, 2005
From: No Reply
To: Commission Applications; Volzke, Jonathan; Marroquin, Ruthie; [email protected] Subject: Webform submission from: Community Services Commission Application Date: Monday, January 20, 2025 1:48:12 PM
Submitted on Mon, 01/20/2025 - 13:43
Submitted by: Anonymous
Submitted values are:
First Name
Amy
Last Name
Stevens
Address
Lake Forest, California. 92630
Phone Number
Email
Resume
Amy Stevens Resume_2025.pdf
1. How long have you lived in the City if Lake Forest?
Nearly 13 years
2. Did you vote in the 2024 election?
yes
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
no
4. Are you a graduate of the City's Leadership Academy? no
5. Do you participate in any of the City's Advisory Groups? no
6. Do you regularly attend meetings of the City Council or the Commissions? Yes, I have attended several council meetings
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? The major topics of discussion I have been interested in have been budget, affordable housing, population expansion, and parks & recreation. I have spoken on park improvements and affordable housing issues.
8. What City sponsored workshops or seminars have you attended? Workshops regarding park improvements, H20 for HOAs, Government Contracting Workshop Presentations, Budget Workshop, and Civic Center General Workshops
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
Yes, I have served on the board for Public Relations Society of America and the Canyon Democrats
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
Yes! Both my son and I have taken several recreation classes. I also attend/have attended several city cleanup events, Farmer's Market, Easter event, Snowfest, Halloween at the Sports Park, Christmas and Halloween at Heritage Hill, and my son has attended camps.
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
no
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
no
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
no
14. What does the term “legislative body” mean to you?
A "legislative body" refers to a group of elected officials or appointed representatives tasked with creating, amending, or repealing laws, ordinances, and policies. Legislative bodies, like city councils or commissions, represent their constituents and deliberate on proposed measures to address community needs. In my work with boards, particularly in strategic planning and communications, I've collaborated closely with decision-makers to ensure that their actions align with the community's interests. This has allowed me to witness firsthand how these bodies shape public policy and influence governance, ensuring decisions are made with the community's best interests in mind.
15. The Brown Act – in your own words – what does it mean to you? The Brown Act ensures transparency and public participation in government decisions by requiring that meetings of legislative bodies be open to the public. To me, it represents a critical framework for accountability, ensuring that decisions made by boards and commissions are conducted in a manner that allows for public scrutiny and input. In my experience working closely with boards, including facilitating meetings and developing strategic plans, I have seen how the Brown Act fosters trust by promoting openness and ensuring that stakeholders are informed and have a voice in the decision-making process.
16. What do you hope to accomplish during your time of service as a Community Services Commissioner?
As a Community Services Commissioner, my primary goal is to enhance the quality of life for all Lake Forest residents by fostering inclusive, accessible, and sustainable community programs. I aim to advocate for services that support a healthy, active, and connected community, ensuring that all residents, regardless of age or background, have access to recreational, cultural, and educational opportunities.
I also hope to build stronger community partnerships and enhance collaboration between the city, local organizations, and residents. By doing so, we can ensure that services are responsive to the needs of the community and reflect its diversity.
I am particularly passionate about promoting programs that support mental health, wellness, and social connectivity. By creating spaces where residents feel supported and connected, we can foster a sense of belonging and resilience in Lake Forest.
Through transparent communication and community engagement, I plan to advocate for programs that align with the values and needs of the community while ensuring responsible use of resources. My goal is to help cultivate a thriving, inclusive, and connected city where residents feel empowered to actively participate and contribute to the shared well-being of Lake Forest.
17. What prompted you to apply for appointment to the Community Services Commission?
My desire to serve on the Community Services Commission stems from my deep commitment to enhancing the well-being and quality of life for all Lake Forest residents. Throughout my career, I have worked to create meaningful community connections and advocate for services that empower individuals and bring people together. The opportunity to contribute to the development and implementation of programs that support mental health, wellness, and social inclusion is something I’m passionate about.
Additionally, as someone who enjoys working collaboratively, I see this role as a chance to connect with fellow commissioners, local organizations, and residents to create programs that address the community’s diverse needs. I also believe in the importance of making decisions that are inclusive, transparent, and reflect the values of the community, which aligns with my experience in strategic communications and community engagement.
By joining the commission, I hope to help strengthen the sense of belonging and unity in Lake Forest, ensuring that all residents, regardless of age or background, have access to the services and resources they need to thrive. This role presents a unique opportunity to contribute directly to the ongoing growth and well-being of the city and its residents.
18. What do you feel are the most important issues facing Community Services in the City of Lake Forest at this time?
Attachment 3
LORI BERGER, CMCA, AMS, PMM
CA DRE #01301069
QUALIFICATIONS
Professional, dependable, trustworthy, detail oriented.
Dedication, professional Drive, and positive outlook.
Solid managerial and administrative experience. Customer service oriented.
Proven track record of improving efficiency, accountability, and profitability.
Ability to maintain calm in high pressure environments, or challenging situations.
Ability to motivate and empower others towards success.
Exceptional organizational and people oriented skills.
PROFESSIONAL SKILLS
Basic knowledge of most current computer applications.
A/P, A/R, P/R and P/R Reporting to taxing agencies.
Preparation of monthly, quarterly, annual reports.
Preparation of Minutes and Agendas.
Preparation of multi-million dollar budgets.
Planning, organizing, scheduling Community matters and meeting and travel arrangements, events.
Contract negotiation and oversight of vendors.
Development of policies and procedures manuals and handbooks.
WORK EXPERIENCE
2020-Current - Majority Owner/Manager - St. Gertrude Properties, LLC, Lake Forest, CA 2015-Current - Office Manager - Vertox, Incorporated, Santa Ana, CA 2013-2014 - Community Manager - Amber Property Management, Mission Viejo, CA
EDUCATION
2018-Present - CE (Continuing Education) Ethics, RE, and Community Management 2018 - AMS, (Association Management Specialist) oCAI, Community Associations Institute) 2015 - CMCA, Certified Manager of Community Associations, CAI (Community Associations Institute) 2012 - CACM, Certified Community Manager (California Association of Community Managers) 2000 - DRE Licensed Real Estate Broker (Department of Real Estate) 1998 - Real Estate Licensure - Lumbleau Real Estate School, Costa Mesa, CA 1996 - Orange Coast College, Costa Mesa, CA
1992 - Business Administration - Mt. San Jacinto College, San Jacinto, CA 1984 - High School Graduate - Huntington Beach High School, HB CA
PROFESSIONAL DESIGNATIONS
CA DRE LICENSE #01301069
AMS, Association Management Specialist
CMCA, Certified Manager of Community Associations
PMM, Property Management Master
Page of 1 1
From: No Reply
To: Commission Applications; [email protected]
Subject: Webform submission from: 2025 planning commission application Date: Friday, January 17, 2025 9:20:57 AM
Submitted on Fri, 01/17/2025 - 09:20
Submitted by: Anonymous
Submitted values are:
First Name
Lori
Last Name
Berger
Address
Trabuco Canyon, California. 92679
Phone Number
Fax
N/A
Email
Resume
Berger Resume'.pdf
1. How long have you lived in the City if Lake Forest?
15 years
2. Did you vote in the 2024 election?
Yes
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
No
4. Are you a graduate of the City's Leadership Academy? Yes
5. Do you participate in any of the City's Advisory Groups? Not currently, however I previously served on the Traffic & Parking Commission
6. Do you regularly attend meetings of the City Council or the Commissions? Not regularly, although previously I have. Additionally, I previously served on the Traffic & Parking Commission & was a Candidate for City Council in 2020.
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? In the past I attended meetings LIVE.
8. What City sponsored workshops or seminars have you attended? I previously completed the Leadership Academy.
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
2020-2024 - President of Portola Hills 1 Community Association 2018-2024 - Board Member of Portola HIlls 1
2018-2024 - During various time during these periods. Chair of the Landscape, Finance, Social, Architectural Committees
1995-2010 - Board of Directors for California Corporation Current Member - Community Associations Institute -Certified Manager of Community Associations, Association Management Specialist
Current Member - NAR/CAR National/California Association of Realtors Currently Licensed - DRE (Department of Real Estate)
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
I am actively involved in Portola HIlls Community. In 2020 I ran for Lake Forest City Council. I previously served on the Lake Forest Traffic & Parking Commission.
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
I do not currently have any social or business relationships with anyone on City Council or other Commissions. Previously, Scott Voigts daughter and my daughter were on a High School Volleyball Team together and there was minimal social contact with Voigts in that respect.
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
No
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
No
14. What does the term “legislative body” mean to you?
A group of appointed/elected individuals whose function is to create, amend, appeal public laws/policies/codes/financial appropriations.
15. The Brown Act – in your own words – what does it mean to you?
Brandon D. DeRosa
Lake Forest, California •
• www.linkedin.com/in/brandon-derosa12
Summary
Experienced national defense finance professional with a proven reputation for delivering accurate and actionable insights to drive business growth. Attention to detail and strong analytical capabilities coupled with effective communication with cross functional engineering and program management disciplines allows me to effectively present complex financial information to internal and external stakeholders. I excel in identifying process deficiencies and deploying new scalable solutions to drive effective cost reduction and revenue optimization. Committed to driving financial success, I am seeking a challenging role where I can leverage my expertise to contribute to the organization's strategic objectives.
Work Experience
Anduril Industries Cost a Mesa, California Financial Analyst, Air Dominance and Strike 01/2025 – Present • Lead cash flow forecasting, financial performance analysis, and balance sheet management to ensure liquidity, stability, and alignment with strategic goals.
• Develop advanced financial models, evaluate scenarios, and create executive-level reports to guide decision- making and strategic initiatives.
• Collaborate across teams to prepare budgets, forecasts, and long-term plans while streamlining FP&A processes to enhance accuracy and efficiency.
• Drive continuous improvement in financial tools, systems, and reporting, highlighting trends and addressing variances to optimize outcomes.
Supernal Aero Irvine, California
Financial Analyst 03/2024 – 01/2025 • Established flight program operating budgets (AOP) and maintained monthly forecasts in conjunction with Program Management and multiple engineering teams.
• Conducted monthly variance analysis on labor and non-labor cost drivers, resulting in a directive to senior management to operationalize the presented action plan saving labor costs upwards of $10M over the life of the program.
• Facilitated program BCR process, ensuring funding sources are appropriate and all parties understand financial impacts of the budget changes.
• Presented financial status, risks and opportunities to external stakeholders and internal management meetings such as PMR.
• Identified invoice coding and process issue that resulted in double counting and overstating of procurement actuals identifying nearly $7M in additional unused budget.
Millennium Space Systems, a Boeing Company El Segundo, California Financial Analyst 04/2023 – 03/2024 • Baselined, and maintained government funded space program budgets upwards of $200M, ensuring all EVM, and contractual requirements were met.
• Conduct monthly forecasting exercises with program managers and subsystem engineering authorities to ensure space programs stay within budget.
• Produced and presented quarterly EACs and CDRLS for both internal stakeholders and the USG. Ensuring a clear story outlining the financial performance, supported with variance analysis was present. • Monitored program cash flow status, establishing burn rate and funds run out as well as facilitating funding requests with the USG as needed.
• Created headcount planning model for COO that drove companywide hiring efforts, outlining current business pursuits, and labor mix needed to fulfill contract commitments if awarded.
The Walt Disney Company Anaheim, California
Undergraduate Financial Analyst 04/2018 – 04/2023 • Developed a first of its kind financial analysis tool that identified specified products and produced earnings statistics that were later used by executive-level management to make strategic business decisions for the food and beverage line of business novelty offerings. • Assisted in establishing quarterly forecasts and AOP to address key performance indicators regarding labor headcount and other expenses.
• Generate reports for management reviews, providing them with a comprehensive understanding of their line of business.
• Create and modify work breakdown structure elements (WBSe) in SAP for multiple lines of business, including F&B, Emergency Services, Retail, Broadcasting Services, and Training Operations. • Proficient in working with large datasets, utilizing innovative tools like Tableau Visualization software to reconcile and present data for weekly and monthly management reviews. • Familiarity with database and query tools such as Power Query, Teradata, Microsoft Access, SAP, SQL, and Longview.
Education
Bachelor of Science, Accounting and Finance
Southern New Hampshire University Manchester, New Hampshire Honors: Cum Laude
Associate of Science, Business Administration
Irvine Valley Community College Irvine, California
From: No Reply
To: Commission Applications; [email protected]
Subject: Webform submission from: 2025 planning commission application Date: Monday, January 20, 2025 11:50:53 AM
Submitted on Mon, 01/20/2025 - 11:29
Submitted by: Anonymous
Submitted values are:
First Name
Brandon
Last Name
DeRosa
Address
Lake Forest, California. 92630
Phone Number
Email
Resume
Brandon D DeRosa Resume.pdf
1. How long have you lived in the City if Lake Forest?
I have resided in the city of Lake Forest for my entire life, spanning 25 years, having lived in various areas of the community. I am currently settled in the Foothill Ranch neighborhood.
2. Did you vote in the 2024 election?
Yes!
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
No
4. Are you a graduate of the City's Leadership Academy? No
5. Do you participate in any of the City's Advisory Groups?
No
6. Do you regularly attend meetings of the City Council or the Commissions? I have been virtually attending almost every city meeting for approximately the past two years.
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? Although I have not addressed these matters in person, I have engaged with the City Council and various commissions through email correspondence. As a concerned constituent, I have raised issues such as traffic congestion and advocated for the installation of pedestrian crosswalks in heavily trafficked areas to enhance safety for our community members.
8. What City sponsored workshops or seminars have you attended? None
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
None
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
For many years, I actively participated in representing El Toro High School's Performing Arts program at numerous community events, including the Lake Forest 4th of July Parade and Prelude in the Park.
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
None
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
None
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
None
14. What does the term “legislative body” mean to you?
To me, the term "legislative body" refers to a group of elected or appointed representatives responsible for creating, debating, and enacting laws or policies that govern a community, city, state, or nation. This body serves as a critical component of a democratic system, acting on behalf of constituents to address issues, allocate resources, and ensure the public's welfare.
In the context of a city, the legislative body typically includes the city council, which works collaboratively to shape local ordinances, regulations, and initiatives. Their decisions impact daily life, highlighting the importance of transparency, accountability, and community engagement in their processes.
15. The Brown Act – in your own words – what does it mean to you? The Brown Act, to me, represents a fundamental principle of transparency and public
Lake Forest, CA 92630•
Jolene Fuentes
Objective
Appointment to City of Lake Forest Planning Commission
Experience
2013-present City of Lake Forest Planning Commissioner Lake Forest, CA
Help residents, property owners and businesses carry out precepts of Zoning Code Help ensure quality of life, economic vitality and future vision of city Adhere to city, county and state regulations
1983-present Fuentes Properties Newport Beach, CA
Owner/Managing Agent
Manage personal properties
Member, Four Fours Homeowners Association
Estate Executor for Sir Eldon Griffiths (former member British Parliament) Court Appointed Health Conservator for Thomas L. Phillips
2009-present Lake Forest II Master Homeowner Association Lake Forest, CA
Serving 3436 homes in Lake Forest
Oversees Hearing Board Committee
Variety of municipal responsibilities/master and strategic planning
1982-1984 Merit Property Management Mission Viejo, CA
Property Manager
Homeowner Association Management
Budget Management
Community Liaison
Education
1980 California State University, Fullerton Fullerton, California Bachelor of Arts
Communications, Advertising
References
References are available on request.
From: No Reply
To: Commission Applications; [email protected]
Subject: Webform submission from: 2025 planning commission application Date: Saturday, January 18, 2025 10:53:35 PM
Submitted on Sat, 01/18/2025 - 21:50
Submitted by: Anonymous
Submitted values are:
First Name
Jolene
Last Name
Fuentes
Address
Lake Forest, California. 92630
Phone Number
Email
Resume
Jolene Resume LFPC.doc
1. How long have you lived in the City if Lake Forest?
35 years
2. Did you vote in the 2024 election?
Yes
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
No
4. Are you a graduate of the City's Leadership Academy? I participated in the city's first Emergency Preparedness Academy
5. Do you participate in any of the City's Advisory Groups? General Plan Advisory Committee, September 2018-July 2019
6. Do you regularly attend meetings of the City Council or the Commissions? Planning Commission meetings, yes. City Council, occasionally
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? I have been a member of our Planning Commission since August 2013 and rarely miss a meeting. I have not spoken at a City Council meeting other than to report on annual accomplishments of the PC.
8. What City sponsored workshops or seminars have you attended? Attended several Planning Officials Annual Forum at The Nixon Library (PDAOC), Emergency Preparedness Academy, AB 1234 Training, Legislative Breakfasts/Luncheons, State of the City, Mayor's Leadership Luncheon, Senior Excellence Awards, Harassment and Abusive Conduct Training, Participated in Crime Prevention Video, Joint Commissioner Training provided by BBK (2023), Joint Commission Workshop on Strategic Planning, Participated, July 4th parade.
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
Planning Commission Chair, Four Fours HOA, Newport Beach, served as Board President, La Madera PTA officer, Serrano Intermediate PTSO President, El Toro High School-School Site Council
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
City of Lake Forest, Planning Commission, Girl Scout Leader, Teacher, Religious Education, Santiago de Compostela Catholic Church, El Toro High School Water Polo Boosters, Chaired Golf Tournament for many years, Lake Forest II Dolphins, Board member and volunteer
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
I serve alongside PC Commissioner Tom Ludden and Traffic Commissioner Jim Richert on the LF2 HOA Board of Directors.
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
Not recently. I believe I donated to Scott Voigts many years ago.
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
No, other than working with many of them as a Planning Commissioner.
14. What does the term “legislative body” mean to you?
A legislative body is a group of elected (usually) officials who make laws, change laws and even repeal laws, A legislative body such as our Planning Commission exists to advise and serve our elected City Council and our residents on the changes, future growth and development of our city.
15. The Brown Act – in your own words – what does it mean to you? The Brown Act is a California law that guarantees the public the right to transparency in local government. As Commissioners, we are mandated to conduct city business in an open meeting setting.
16. What do you hope to accomplish during your time of service as a Planning Commissioner?
I hope our accomplishments include continuing the efforts of our City Council to shape Lake Forest's future as a great place to live, work and play. Personally, I hope to continue to learn and better understand land use decisions, ensuring new development aligns with our General Plan. Continuous and balanced growth should be the forefront of the Planning Commission.
17. What prompted you to apply for appointment to the Planning Commission? Originally, I wanted to expand my involvement with the City of Lake Forest. When I saw an opening on the Planning Commission; I went for it! I love serving my community this way because we help applicants pave the way to create or expand their businesses. I learn something new every month.
18. What do you feel are the most important issues facing Planning in the City of Lake Forest at this time?
Navigating the Enterprise Way Industrial Projects through the planning process will be important in the coming months and even years. Engaging in business-friendly practices and policies as we interact with the public should be a priority for our Commission.
Date
Sat, 01/18/2025 - 00:00
THOMAS G. GRABLE
, Lake Forest, CA 92630 | (
EXECUTIVE BIOGRAPHY
Tom Grable has been the President for the Tri Pointe Homes, Inc. Orange County-Los Angeles, and Southern California Divisions since 2014. He joined Tri Pointe Homes as Vice President of Project Management in February 2010. In his role at Tri Pointe Homes, Mr. Grable is responsible for all aspects of successfully planning and implementing the division’s business plan of delivering profitable and quality new home communities. His responsibilities include directing land acquisition, forward planning and entitlements and other pre-development activities. He oversees the operations of a management team and upwards of 140 employees involved with finance, site planning, engineering and architectural design, land development and new home construction, sales management and marketing including merchandising, and customer care.
Prior to joining the Tri Pointe Homes team, Mr. Grable served as an Appointed Receiver’s Agent with California Real Estate Receiverships from June 2009 through January 2010 where he managed a $133 million portfolio of 19 former John Laing Homes distressed real estate assets and developments in three states on behalf of three judicial court jurisdictions and a five-member bank consortium. He was instrumental in directing the monetization and disposition of those assets which achieved a recovery of over $107 million.
Mr. Grable was with William Lyon Homes, Inc. from September 1998 to April 2009 where he started as a Project Manager, became a Vice President in its Southern California Division in 2005, and served as Division Manager of its Orange County Division in 2006 and 2007.
Previously, Mr. Grable spent a combined 10 years at Watt Homes, Inc. and Beazer Homes, Inc., rising to the position of Senior Vice President of Land Acquisition and Forward Planning for the Southern California region. He also obtained key planning and development experience while employed at DGA Consultants, Inc., a civil engineering firm, and Sanchez Talarico Associates, an urban and environmental planning consultancy firm.
Mr. Grable is actively involved in industry and community organizations. He currently serves as Immediate Past Chair of the California Building Industry Association’s Board of Directors and Executive Committee and as a trustee of its Political Action Committee, and formerly served as Chair of its Government Affairs Committee. He has served in leadership positions with the Building Industry Association of Southern California since 2006 as a member of its Governing Board and Executive Committee, a trustee of its Political Action Committee and a representative on its Long-Range Planning Committee. He led the BIASC as its President and Chair in 2019 and 2020 after serving as Chair of its Political Action Committee from 2014 through 2018. He was a member of the BIA’s Orange County Chapter Board of Directors from 2002 to 2007 and led the BIA-OC Chapter as its President in 2006.
In addition, Mr. Grable currently serves on the Board of Directors and Executive Committee of BizFed, the Los Angeles County Business Federation, and is a Co-Chair of its Land Use, Housing, Development, Real Estate and CEQA Committee and a member of its Advocacy Committee. He also has served as an appointee representing the County of Orange Board of Supervisors’ 5th District to its Development Processing Review Committee. He also has held leadership positions with the Saddleback Valley YMCA.
Mr. Grable received his Bachelor of Arts degree from California State University, Fullerton, where he was elected and served as Vice President of the Associated Students, Inc. He subsequently completed three separate professional certificate programs at the University of California, Irvine in Project Management, Land Use and Environmental Planning, and Light Construction and Development Management.
He lives in the City of Lake Forest and is married to his wife, Julie, and has two grown sons. In his spare time, Mr. Grable enjoys actively performing as a musician, participating in a range of outdoor activities, and attending various sporting events.
APPLICATION
FOR
CITY OF LAKE FOREST
PLANNING COMMISSION
SUPPLEMENT TO QUESTIONNAIRE
FOR
THOMAS G. GRABLE
January 20, 2025
BACKGROUND AND QUALIFICATIONS:
(Please see attached Executive Biography below.)
PLEASE DESCRIBE YOUR EXPERIENCE IN PLANNING AND
RELATED ACTIVITIES:
I began my career in land development and homebuilding working for a professional urban planning consultant firm which was contracted to write and coordinate the process associated with CEQA documents, General Plans, Specific Plans and Zoning Ordinances for cities, counties and private developers. For the past 36 years I have had divisional leadership positions running high production public homebuilding operations, which has included overseeing and specializing in directing entitlement processing for land developments and new home communities. At each of the companies I have worked I have been responsible for directing those companies’ most complex development projects in terms of regulatory constraints, site design and community outreach. This includes being the primary presenter at scores of public hearings. I also have had the pleasure to serve the County of Orange for 13 years as an appointee of the 5
th District Supervisor on the standing Development Processing Review Committee. This committee oversees the County’s planning, public works and building department policies and procedures and how they are executed in relationship with the ultimate implementation of land development and construction activities. I have also served as an appointee to SCAG’s RTP/SCS Greenprint advisory committee dealing with RHNA requirements. With all these combined and comprehensive experiences relating to city planning activities, I have a highly qualified and unique perspective. I strongly feel I would add a great deal of value to the City of Lake Forest Planning Commission.
PLEASE DESCRIBE ANY COMMUNITY INVOLVEMENT:
As well as my experience with the County of Orange above, I have served in several board and executive leadership positions, including as president of the Building Industry Association Orange County chapter, as chairman of the BIA’s Southern California region and as chairman of the state’s California Building Industry Association. I also have had an active role participating with my family in youth sports in Lake Forest from 1999 through 2012. I was also very active for many years serving in leadership roles with the Saddleback Valley YMCA programs as well.
WHAT DO YOU FEEL ARE THE MOST IMPORTANT ISSUES RELATED
TO ECONOMIC DEVELOPMENT, LAND USE, PLANNING AND DESIGN
IN LAKE FOREST?
The City of Lake Forest, as is common with many other jurisdictions, faces the ongoing challenges of a maturing community and its ability to continually upgrade its community’s image in relation to other neighboring cities which may be newer or more progressive in their development standards. Increasing the value of the City by attracting and considering quality developments should be a priority. This is increasingly difficult when faced with more and more legislation that adds to the burden of being able to accomplish that goal. With this focus, the City needs experienced visionaries and leaders who can assess the current state of the City’s policies and procedures, ask the tough questions and make the recommendations to our elected officials to further that cause. I believe I would do that very effectively.
Although I have been in the land development and homebuilding industry for my entire career, I do firmly believe that there needs to be a balance between the competing interests of development and the public’s health, safety and welfare. Wanton, unregulated development is not acceptable. Quality development is the key—creative designs with the right niches, strata and balance of various housing, commercial and industrial types.
Developers and builders coming from outside the City and the citizens and property owners in the City of Lake Forest should be afforded a degree of certainty of the entitlement and permit approval processes of the City. City staff should be encouraged to propose policies, create programs and then be held accountable for implementing procedures with which an applicant can obtain an accurate estimate of the timing and cost that a particular development proposal or building project should take to navigate through the City’s approval process.
Development plans obviously need to be reviewed under the City’s existing General Plan and the zoning regulations of its Municipal Code. But new policies and codes can be considered to encourage even more creative and unique solutions to upgrade the City. These could include certain incentives for planned developments to provide for real tangible upgrades to the older areas of our City. Affordable work force housing must be a focus, especially with the demise of redevelopment agencies and the programs they once fostered. With the increase of urbanization, mixed use developments and more complex commercial developments will one day become the norm in our City as it has with our neighbors. We must begin planning for that day now.
I feel that with my experience in the land development and homebuilding industry and with my resources I can tap into, I would add value to the City of Lake Forest Planning Commission. I would very much appreciate the opportunity of being able to serve our community as an appointee to the Planning Commission. Thank you for your consideration.
From: No Reply
To: Commission Applications; [email protected]
Subject: Webform submission from: 2025 planning commission application Date: Monday, January 20, 2025 3:43:09 PM
Submitted on Mon, 01/20/2025 - 15:40
Submitted by: Anonymous
Submitted values are:
First Name
Tom
Last Name
Grable
Address
Lake Forest, California. 92630
Phone Number
Email
Resume
LF Planning Commission Application - 1-20-25.docx
1. How long have you lived in the City if Lake Forest?
25 years.
2. Did you vote in the 2024 election?
Yes.
3. Is there anything in your background that would reflect poorly on the City of Lake Forest?
No. My background is uniquely qualified with comprehensive urban planning and land development--direct knowledge and experience with RHNA, CEQA, General Plans, Zoning Ordinances, Specific Plans, etc.
4. Are you a graduate of the City's Leadership Academy? No.
5. Do you participate in any of the City's Advisory Groups? No.
6. Do you regularly attend meetings of the City Council or the Commissions?
On occasion and have testified in several public hearing over the years at the City of Lake Forest Planning Commission and City Council.
7. If you have attended City Council or Commission Meetings, how many, and what were the major topics of discussion, or topics you have spoken about? I have testified on various land developments and housing production projects over years, including the proposals that were approved and built on the automotive center properties on Town Center Drive between Bake Parkway and Lake Forest Drive and what became The Meadows master planned community on the former Nakase nursery site.
8. What City sponsored workshops or seminars have you attended? I have attended workshops for the developments cited in question 7 above.
9. Have you served as Chair or Member of any other Committee, Club, Board or Organization? If yes, please describe:
I have extensive experience over the past 25+ years as a member and presiding over dozens of committees. I have served as a board member and president of the Building Industry Association Orange County Chapter, chairman of the Building Industry Association of Southern California, and chairman of the California Building Industry Association. In these roles I have also been appointed and have served as a member or chair of many local and regional committees, such as an active participant with the Southern California Association of Governments (SCAG) on its Regional Transportation Plan / Sustainable Communities Strategy Greenprint
10. How have you been involved in the community of Lake Forest? Mention any participation in other community service organizations or clubs and activities in the community.
I have not had the opportunity to serve our community yet. This is the first opportunity that I hope to do so.
11. Do you have any social or business relationships with anyone on the City Council or other Commissions? If yes, please describe:
I have had incidental interactions over the years with various members of the current City Council, none I would categorize as consequential or in any way conflictual. I have gotten acquainted with Mayor Scott Voights through several general business and industry events over the years. Over 20 years ago, Councilmember Doug Cirbo and I served as assistant coaches together in Lake Forest Little League and our boys were in the Saddleback Valley YMCA Guides program together. Councilmember Mark Tettemer and I became acquainted over a dozen years ago when his daughter and my son ran cross country and track together at El Toro High School.
12. Have you endorsed, assisted or made contributions to any campaign initiated by any member of the City Council?
No.
13. Do you have any personal or professional affiliations with any City employee? If yes, please describe:
Both myself and my wife, Julie, were friendly with the City of Lake Forest Public Information Officer, Jonathan Volzke, while we were students in college together locally at Cal State Fullerton. While a project manager and division manager at William Lyon Homes from 1998
Hiva M. Kamangar