Agenda, regular meeting — Los Alamitos City Council, February 28, 2022 (part 2 of 3)

• El Dorado Way
• San Joaquin Avenue
• Toland Avenue
• Antietam Avenue
• Kearsarge Avenue
• Siboney Street
• Katella Avenue Frontage
• Paseo Bonito
• Lampson Frontage
• Lunar Drive
• Olympic Drive
• Satellite Drive

DISCUSSION
Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publications consisting of: The Event News-Enterprise and the F.W. Dodge publication known as the "Green Sheet".

Bids for the Los Alamitos Street Improvement Project on Various Streets FY 2021-2022 Project (CIP No. 21/22-03), were publicly opened on December 15, 2021 at 11:00 am.

From the seven (7) total bids received, it was determined that the lowest responsible bid submitted was from RJ Noble Company with the total Schedule A bid amount of $1,172,160.00 (the Bid Schedule A Total was considered per the specifications for award). The overall total bid from RJ Noble Company (Schedule A + Schedule B + Schedule C) was $1,378,015.00. The Schedule A bid results are provided below:

COPP CONTRACTING, INC $ 1,337,935.00
HARDY & HARPER, INC. $ 1,266,000.00
ALL AMERICAN ASPHALT $ 1,256,165.00
EXCEL PAVING $ 1,243,421.00
ONYX PAVING $ 1,221,000.00
SEQUEL CONTRACTORS $ 1,178,000.00
R.J. NOBLE CO $ 1,172,160.00
Average $ 1,239,240.14
The total bid from RJ Noble Company is as follows:

Schedule A (Los Alamitos Street Improvement Project): $1,172,160 Schedule B (City Parking Lot & Bollards): $ 103,150
Schedule C (Alley between Florista & Reagan): $ 102,705 Total Bid: $1,378,015
Los Alamitos Street Improvement Project FY 2021-2022 (CIP No. 21/22-03) February 28, 2022

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Schedule A
Los Alamitos Street Improvement Project FY 2021-2022 (CIP No. 21/22-03) February 28, 2022

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Los Alamitos Street Improvement Project FY 2021-2022 (CIP No. 21/22-03) February 28, 2022

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RJ Noble Company provided the lowest figure for Schedule A, in the amount of $1,172,160. An additional $275,000 is being requested to cover the addition of Schedule B and C. The City’s parking lot and the alley between Florista Street and Reagan Avenue are in extremely poor condition and will need to be repaired. Adding the additional schedules to the Los Alamitos Street Improvement Project (Schedule A) will be a cost saving as factors such as staging fees, procurement of supplies and equipment, and efficiency of labor cost results in an overall cost savings.

The following represents an approximate timeline for the completion of the project which consists of: grind and overlay, signing and striping, and curb ramp replacement for the street improvement project:
• 02/28/2022 Award of Contract by the City Council
• 04/04/2022 Start of construction
• 06/27/2022 End of construction

FISCAL IMPACT
The total construction bid from RJ Noble Company is $1,378,015. for the award of Schedule A, B and C of the bid package. The design, construction management, contingency, and So Cal Edison light relocation budget is estimated to be $374,683. For a total estimated project cost of $ 1,752,698.

The original budget for the project was $1,477,698. An additional $275,000 is requested in order to allow for the incorporation of the city parking lot, bollards and alley restoration as shown in Bid Schedules B and C into the overall project.

Available funding for the project is provided as follows:

Budget Fiscal Year Source Amount
2021-22 Measure Y 1,248,615
2021-22 SB1 229,083
2021-22 General Fund (Additional) 275,000
Project Total 1,752,698
Submitted by: Chris Kelley, City Engineer
Reviewed by: Ron Noda, Development Services Director
Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager
Attachment: 1. Articles of Agreement for CIP No. 21/22-03

2. Bid Breakdown for CIP No. 21/22-03

3. Bid Submittal for CIP No. 21/22-03

4. Plans for CIP No. 21/22-03
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CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS STREET IMPROVEMENTS ON VARIOUS STREETSS, SPECIFICATION NO.CIP 21/22-03 AGREEMENT (“AGREEMENT”) is made and entered into for the above- stated project this 28th February, 2022, BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and R.J.

Noble Company, a California corporation, hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the STREET IMPROVEMENTS ON VARIOUS STREETSS, SPECIFICATION NO. CIP 21/22-03 shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Attachment 1
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CONTRACT INFORMATION AND DOCUMENT
contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of One Million, Three Hundred Seventy Eight Thousand, Fifteen Dollars and Zero Cents($1,378,015.00) unless specifically approved in advance and in writing by AGENCY
Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

CONTRACT INFORMATION AND DOCUMENT
conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to,the following:

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.

D. This AGREEMENT is further subject to 8-hour work day and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACT INFORMATION AND DOCUMENT
orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

E. This AGREEMENT is subject to Public Contract Code Section 6109:

CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, 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 such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as SECTION D – Page 5

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follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II,or Class III disposal site in accordance with existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (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.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or 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, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT.

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 contracting parties.

ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT
Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware ofthe 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.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under thisAGREEMENT.

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

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ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses. Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor. Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth.

CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

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CONTRACT INFORMATION AND DOCUMENT
ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: Chris Kelley CONTRACTOR: Steven L. Mendoza
CITY OF LOS ALAMITOS R.J. NOBLE COMPANY
3191 Katella Avenue 15505 E. Lincoln Avenue
Los Alamitos, CA 90720 Orange, CA 92865
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

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ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physicalor mental disability, medical condition or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this 28th day of February, 2022
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CONTRACT INFORMATION AND DOCUMENT
CONTRACTOR: R.J. Noble Company
Steven L. Mendoza, Secretary
Contractor’s License No. 782908
Subscribed and sworn to this day of , 2022.

NOTARY PUBLIC (SEAL)
AGENCY:

Shelly Hasselbrink, Mayor
City of Los Alamitos
Date
ATTESTED:

Windmera Quintanar, MMC, City
Clerk City of Los Alamitos
Date

APPROVED AS
TO FORM:

Michael S. Daudt, City Attorney
City of Los Alamitos
Date
( E X E C U T E I N D U P L I C A T E )
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PAYMENT BOND

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, asCONTRACTOR, a contract for the above-stated project; AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to securethe payment of claims of laborers, mechanics, material persons, and other persons as provided by law;
NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound untoAGENCY in the sum of One Million, Three Hundred Seventy Eight Thousand, Fixteen Dollars and Zero Cents ($1,378,015.00) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent toany remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of _____________, 2022.

Contractor* Steven L. Medoza, Secretary
R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
(714) 637-1550
Surety*
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*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, addressand telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this____day of , 2022.

NOTARY PUBLIC........................................................................................................ ....................................................................................................................................... (SEAL) (E X E C U T E I N D U P L I C A T E)
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FAITHFUL PERFORMANCE BOND

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That R.J. Noble Company, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of One Million, Three Hundred Seventy Eight, Fifteen Dollars and Zero Cents ($1,378,015.00); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: STREET IMPROVEMENTS ON VARIOUS STREETS, SPECIFICATION NO. CIP 21/22-03 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect; PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterationsof extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costs incurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2022
Contractor* Steven L. Mendoza, Secretary SURETY*…………………… R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
(714) 637-1550
*Provide CONTRACTOR and SURETY name, address and telephone number and the SECTION D – Page 14

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name, title, address and telephone number for their respective authorized representatives.

Power of Attorney mustbe attached.

Subscribed and sworn to this_ day of , 2022
NOTARY PUBLIC .....................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)
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MAINTENANCE BOND

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Los Alamitos, as AGENCY has awarded to R.J. Noble Company, as CONTRACTOR, a contract for the above-stated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of Six Hundred Eighty Nine Thousand, Seven Dollars and Fifty Cents ($689,007.50), which is fifty percent (50%) of the total contract amount for the abovestated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ___ dayof......................................, 2022.

Contractor* Steven L. Mendoza, Secretary
R.J. Noble Company
15505 E. Lincoln Avenue
Orange, CA 92865
(714) 637-1550
SURETY*
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives.

Powers of Attorneymust be attached.

Subscribed and sworn to this ........... day of......................... , 20__.

NOTARY PUBLIC..................................................................................... (SEAL) (EXECUTE IN DUPLICATE)
SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the of , the party making the foregoing
bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].

Signature of Declarant
Printed Name of Declarant
SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENT
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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.

DATE: __ R.J. Noble Company__________
(Contractor)
By: _______________________________
(Signature)
__________________________________
(Title)
Attest:

By: _________________________________
(Signature)
__________________________________
(Title)
Note: See Section 5 Legal Relations and Responsibilities, Subsection 5-4 of the Standard Specifications for insurance carrier rating requirements.

SECTION D – Page 18

CONTRACT INFORMATION AND DOCUMENT

ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and

2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and

3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and

4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days’ written notice.

5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.

6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.

It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.

Authorized Insurance Agent
Date:

SECTION D – Page 19

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

STREET IMPROVEMENTS ON VARIOUS STREETSS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5.4 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: .......................................................................................................

SECTION D – Page 20

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

STREET IMPROVEMENTS ON VARIOUS STREETSS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1)The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser.
d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices.
e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing SECTION D – Page 21

CONTRACT INFORMATION AND DOCUMENT
exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter.

The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractors License Number:

License Expiration Date:

Authorized Signature:

Date:

SECTION E – Page 2

STANDARD SPECIFICATIONS

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2021 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 800 per the SSPWC.
0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control.
1-2 TERMS AND DEFINITIONS
Add the following:

Agent—Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.

Acceptance—The Agency’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.

City—The City of Los Alamitos, California, as the Agency and Owner.

City Council—City Council of the City of Los Alamitos, California.

Construction Manager—Persons and/or company retained by the City to perform construction management services.

Design Engineer—Persons and/or company retained by the City to perform engineering design services.

Due Notice—A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.

Engineer—The City Engineer of the City of Los Alamitos, or his/her authorized representative.

SECTION E – Page 3

STANDARD SPECIFICATIONS
Geotechnical Engineer—Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the Agency during construction.

Prompt—The briefest interval of time required for a considered reply, including time required for approval by a governing body.

Standard Plans—“Standard Plans for Public Works Construction” - Latest edition of the Southern California Chapter of the American Public Works Association.

State Standard Specifications (“SSS”)—Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.

State Standard Plans (“SSP”)—Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.

Working Days—Any days, except: (1) Saturdays, Sundays, legal holidays on which Los Alamitos City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor, and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-3 “Time of Completion”. 1-3.3 INSTITUTIONS
Add the following:

AGCA Associated General Contractors of America

ASME American Society of Mechanical Engineers

CRSI Concrete Reinforcing Steel Institute

CSI Construction Specifications Institute

NFPA National Fire Protection Association

SSS State of California Standard Specifications, latest edition, Department of Transportation

SSP State of California Standard Plans, latest edition, Department of Transportation.

SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1

1-6 BIDDING AND SUBMISSION OF THE BID
1-6.2 SUBCONTRACTOR LISTING
Replace the third paragraph with the following:

Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.

Delete the fourth paragraph and replace with the following:

SECTION E – Page 4

STANDARD SPECIFICATIONS
The Contractor must obtain written consent of the City Council to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.

Delete the fifth paragraph and replace with the following:

A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.

Add the following:

If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council. Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work.
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 GENERAL
Add the following:

The City reserves the right to reject any or all proposals.

The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the Agency’s attorney within the time provided herein shall be cause, at the Agency’s option, for the annulment of the award and forfeiture of the bid security. In such event, the Agency may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law. The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.

The Agency reserves the right to waive any irregularities.

Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency:

Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additionally Insured Endorsement
SECTION E – Page 5

STANDARD SPECIFICATIONS
Workers’ Compensation Insurance Certificate (two original) A corporation to which an award is made may be required, before the Contract agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
1-7.2 CONTRACT BONDS
Add the following:

The PAYMENT BOND shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.

All bonds must be accompanied by a Power of Attorney
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following:

Any plan or method of work suggested by the Agency or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Agency and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.

The work includes, but is not necessarily limited to, the following items as shown on the plans and specified in these Special Provisions:

The City of Los Alamitos proposes to cold mill and overlay pavement with asphalt rubber hot mix (ARHM) and remove and construct sidewalk, curb, gutter, curb ramps, curb drains, and full depth asphalt concrete pavement. Additional items of work include installing detectable warning surface, signing, and striping and adjusting manhole frames and utility valves to grade. Existing private facilities will be protected in place within the limits of the project unless otherwise shown. 2-2 PERMITS
Replace first paragraph with the following:

Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.
2-3 RIGHT-OF-WAY
Add the following:

SECTION E – Page 6

STANDARD SPECIFICATIONS
When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work.
2-4 COOPERATION AND COLLATERAL WORK
Add the following:

Contractor shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 GENERAL
Add the following:

All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents”. Final payment will not be made until this requirement is met.

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale. Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further explanations as necessary, and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.

SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Replace the first paragraph with the following:

All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the Contractor. The Contractor will be held responsible for their work. The Agency will deal directly and solely with the Contractor and make all payments to the Contractor. 3-5 INSPECTION
SECTION E – Page 7

STANDARD SPECIFICATIONS
Add the following:

The Agency shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the Agency, at rates established by the Agency, for any additional inspection, including inspection on legal holidays. 3-10 SURVEYING
3-10.1 GENERAL
Add the following:

The Contractor shall be responsible for all survey and layout of work.

The line and grades for construction will be parallel to and offset from the position of the work. From the established lines and grades, the Contractor shall extend the necessary lines and grades for construction of the work and shall be responsible for the correctness of same. 3-12 WORK SITE MAINTENANCE
3-12.1 General
Add the following Subsection:
3-12.1.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.

All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.

In any area visible to the public, the following shall apply:

1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.

2. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.

3. Forms or false work that are to be re-used shall be neatly stacked concurrent with their removal.

4. Forms and false work that are not to be re-used shall be disposed of with their removal.

5. Wash down from concrete trucks shall be at one location. Concrete from wash down procedures shall be removed from the site weekly.
3-12.3 NOISE CONTROL
Add the following:

A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.

SECTION E – Page 8

STANDARD SPECIFICATIONS
The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each work day. 3-12.6 WATER POLLUTION CONTROL
3-12.6.1 General
Add the following:

This item shall consist of preparation, implementation and compliance with a storm water pollution prevention plan (SWPPP) for the project, if applicable. 3-12.6.2 BEST MANAGEMENT PRACTICES (BMPs)
Add the following:

All storm water pollution prevention measures shall be in accordance with the submitted SWPPP. In the event circumstances during the course of construction require changes to the original SWPPP, a revised plan shall be promptly submitted to the Agency’s representative in each instance. No responsibility shall accrue to the Agency as a result of the plan or as a result of knowledge of the plan. All work installed by the Contractor in connection with the SWPPP but not specified to become a permanent part of the project shall be removed and the site restored in so far as practical to its original condition prior to completion of construction or when directed by the Agency’s representative. 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP)
Add the following:

Contractor shall submit to the engineer a completed and signed SWPPP at the preconstruction conference.

The plan may utilize the practices recommended in the California Storm Water Best Management Practices Handbook dated January 2015, available from California Stormwater Quality Association (CSQA), and online at http://www.cabmphandbooks.net/ . The plan shall be consistent with the construction General Permit, issued by the State Water Resources, Control Board, through submittal of the Notice of Intent (NOI).

If construction will occur between October 15 and April 15 (considered as the rainy season per the Agency’s Ordinance), a wet weather erosion control plan must be submitted. Additionally, Best Management Practices (BMPs) implemented during the Agency’s rainy season shall include but not be limited to those appropriate for wet weather conditions. 3-12.6.5 PAYMENT
Add the following:

Unless otherwise indicated in the Special Provision, measurement and payment for Storm Water Pollution Prevention Measures, as described herein, shall be included in the items of Work requiring storm water pollution prevention measures as indicated in the project Special Provisions. Such payment shall be considered full compensation for all labor, materials, tools, and equipment for completion, and implementation and compliance with the SWPPP.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
SECTION E – Page 9

STANDARD SPECIFICATIONS
3-13.3 WARRANTY
Add the following:

The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.

For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the Agency in accordance with Subsection 3-13.2 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract, which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the Contractor until they have been fulfilled.

The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council.

Add the following subsection to Subsection 3-13:
3-13.3.4 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The Agency will give notice of observed defects with reasonable promptness.

SECTION 4 – CONTROL OF MATERIALS
4-1 GENERAL
Add the following:

The Contractor and all subcontractors, suppliers, and vendors, shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within one year after the date of recordation of the Notice of Completion. Within this one year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the Agency, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.

SECTION E – Page 10

STANDARD SPECIFICATIONS
The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.

If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
4-4 TESTING
Replace the third and fourth sentences of the first paragraph with the following:

Except as elsewhere specified, the Agency will bear the cost of testing material and/or workmanship which meet or exceed the requirements indicated in the Standard Specifications and the Special Provisions. The Contractor shall bear the cost of all other tests, including the retesting of material or workmanship that fails to pass the first test.
4-6 TRADE NAMES
Replace the third sentence of the second paragraph with the following:

Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.

Add the following:

Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with his/her submittal shall be cause for rejection of the “or equal” item. Contractor shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified. Contractor shall pay cost to Agency for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 General
Add the following:

The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.

Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.

SECTION E – Page 11

STANDARD SPECIFICATIONS
Add the following Subsection:
5-3.4.1 OVERTIME AND SHIFT WORK
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:00 p.m. and 7:30 a.m., nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.

All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 4:00 p.m. and 7:30 a.m.. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The Agency shall deduct all such charges from payments due the Contractor. 5-4.2 GENERAL LIABILITY INSURANCE
Replace Subsection 5-4.2 with the following:
5-4.2.1 GENERAL. CONTRACTOR and AGENCY agree that Agency, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the Agency. CONTRACTOR acknowledges that AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here.
5-4.2.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorneys fees incurred by AGENCY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the AGENCY. 5-4.2.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY.

SECTION E – Page 12

STANDARD SPECIFICATIONS
5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section.
5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here. If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to AGENCY or any employee or agent of AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion.

Policies shall have concurrent starting and ending dates.

Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.

5.4.2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Replace Subsection 5-4.3 with the following:

SECTION E – Page 13

STANDARD SPECIFICATIONS
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage.
5-4.3.2.4 Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type.
5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers or employees from waiving the right of subrogation prior to a loss.

Contractor hereby waives all rights of subrogation against AGENCY. 5-4.3.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A+VIII.” Self-insurance will not be considered to comply with these insurance specifications.
5-4.3.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR. Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of SECTION E – Page 14

STANDARD SPECIFICATIONS
cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request. 5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.

CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement.

CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees.
5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims.
5-7 SAFETY
Add the following:

At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty eight (48) hours prior to the scheduled Work.

Add the following Subsection 5-8 Project Information Sign:
5-8 PROJECT INFORMATION SIGN
Work specified in this section includes providing all materials and performing all operations to fabricate, install, modify and/or relocate Project Information Signs, and as specified in these Special Provisions.

Submit a shop drawings for all sign panels, and the Manufacturer’s data for the Sign Panels.

MATERIALS
A. Project Information Signs shall be constructed per Caltrans specifications for aluminum single sheet and laminated panel signs.

SECTION E – Page 15

STANDARD SPECIFICATIONS
B. Sign Posts shall be constructed of wood and shall conform to the provisions of section 56-2.02B, Caltrans.

C. Mounting Hardware shall be furnished by the Contractor and shall conform to the provisions of section 56-2.02D, Caltrans.

D. To properly provide for changing traffic conditions, the Contractor shall be prepared to furnish on short notice (within 48 hours) additional sign panels, posts and mounting hardware. The Contractor shall make arrangements with a supplier who is able, on a daily basis, to furnish such items on short notice.

INSTALLATION
A. For this contract, One (1) Project Information shall be installed, relocated or modified as directed by the City Engineer and shall conform to the provisions of sections 56-2.03, and 56-2.04, Caltrans.

B. All signs shall have breakaway features as detailed in Standard Plan RS2, “Roadside Sign Details,” Caltrans.

C. Signs to be removed and/or relocated as directed by the City Engineer shall be installed at the new location on the same day said sign is removed from its previous location.

D. The location of each sign shall be as directed by the City Engineer or his designee.

Project information sign should be installed in a way to have bottom of sign at least 7 feet above the ground.

The project information signs shall be erected five (5) working days prior to the start of work.

The sign shall show the project name, funding source, and City logo. The sign shall list the names of the City Manager, City Council, Director of Development Services, and City Engineer. Contractor shall submit a mock-up to the City for review prior to manufacturing sign. The Contractor shall revise all misspellings and any other corrections on the sign at no extra cost to the City.

Upon completion of the project, City shall keep all of the Project Information Signs.

Measurement and payment for Project Information Sign shall be at the unit bid price per each (EA) and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved in construction of these items and no additional compensation will be allowed therefore.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
Add the following:

Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF THE WORK
SECTION E – Page 16

STANDARD SPECIFICATIONS
Replace the last sentence of first paragraph with the following:

Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Agency may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the Agency.

Add the following:

The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month.

The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 TIME OF COMPLETION
Add the following subsection:
6-3.3 WORKING DAY
The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agency-designated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCYDESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Deviations from these hours will not be permitted without 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. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor.

Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

For each OCCURRENCE of a working day or hours violation, as provided herein, the Contractor shall pay to the Agency, or have withheld from monies due to it, the sum of $1,000.00.

TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT

PERFORMANCE OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL SECTION E – Page 17

STANDARD SPECIFICATIONS

NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-4.2.1 but will not be assessed damages pursuant to Paragraph 6-9. 6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time
SECTION E – Page 18

STANDARD SPECIFICATIONS
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-4.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-4.4 WRITTEN NOTICE AND REPORT
Replace Subsection 6-4.4 with the following:

Requests for an extension of time must be delivered to the Agency within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
6-9 LIQUIDATED DAMAGES
Replace Subsection 6-9 Liquidated Damages with the following:
6-9 FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Part C (Proposal) of these Specifications.

In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the Agency the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Agency for losses that are difficult to measure and that such damages are not a penalty.

Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the Agency to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 6-4.

Failure of the Agency to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the Agency has executed a waiver in writing.

The Agency’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.

SECTION E – Page 19

STANDARD SPECIFICATIONS
Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the Agency to terminate this agreement.

The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 6-4. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.

Add the following Subsections:
6-10 DISPUTES AND CLAIMS
6-10.1 GENERAL
Any and all decisions made on appeal pursuant to this Subsection 6-10 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-10 that is not in writing shall not be binding upon the Agency and should not be relied upon by the Contractor.

Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-11 or other duties required by the Contract Documents. 6-10.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.

Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

SECTION E – Page 20

STANDARD SPECIFICATIONS
The City Engineer shall address disputes or claims within twenty eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.
6-10.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.

All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.
6-11 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-11 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-11 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.

A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-11 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

SECTION 7 – MEASUREMENT AND PAYMENT
SECTION E – Page 21

STANDARD SPECIFICATIONS
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Replace the last paragraph of this subsection with the following:

The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Replace Subsection 7-3.3 with the following:

Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.
7-3.4 Mobilization
Replace Subsection 7-3.4 with the following:

Mobilization and demobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials, and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, and financing prior to beginning work on the various contract items on the project site. Mobilization shall also include the time, materials, and labor to move the necessary construction equipment to and from the site, supervisory time on the job by the Contractor’s personnel to keep the construction site in a safe condition, and all other related work as required at all times and for all non-working days during the construction period. The Contractor is responsible for securing an adequate storage site for equipment and materials.

Contractor shall provide traffic control per California Temporary Traffic Control Handbook.

Contractor must maintain access for visitors to the properties. One driveway must always remain open and accessible. The cost for traffic control shall be paid per a separate lump sum bid item.

Payment for Mobilization shall be included in the other items of work and shall be considered full compensation and include but not be limited to, obtaining all business licenses and permits, as required for the entire project, from all related agencies, including, but not limited to, utility companies, private and public agencies and the City of Los Alamitos; and complying with the requirements specified in those licenses and permits; coordination, field office facility, implementation of Best Management Practices, and incidentals necessary to perform all related items of work.

CITY OF LOS ALAMITOS

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03
BID OPENING: DECEMBER 15, 2021 AT 11AM

ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. COST COST COST COST COST COST COST COST COST COST
1 Traffic Control 1 LS 108,000.00 $108,000.00 126,315.00 $126,315.00 164,000.00 $164,000.00 168,086.00 $168,086.00 135,000.00 $135,000.00 2 Project Information Sign 1 EA 800.00 $800.00 1,200.00 $1,200.00 2,000.00 $2,000.00 500.00 $500.00 1,850.00 $1,850.00 3 Cold Mill Exissting AC Pavement (1.5-
Inch Uniform Depth) 486,000 SF 0.22 $106,920.00 0.20 $97,200.00 0.24 $116,640.00 0.27 $131,220.00 0.19 $92,340.00 4 Construct 1.5-Inch ARHM Overlay
Uniform Depth 4,410 TN 103.00 $454,230.00 110.00 $485,100.00 101.00 $445,410.00 99.00 $436,590.00 105.00 $463,050.00 5 Slurry Seal, Type 2 80 ELT 315.00 $25,200.00 300.00 $24,000.00 300.00 $24,000.00 310.00 $24,800.00 355.00 $28,400.00 6 Remove and Construct 6-Inch Thick
AC Pavement 1,270 TN 160.00 $203,200.00 148.00 $187,960.00 148.00 $187,960.00 148.00 $187,960.00 190.00 $241,300.00 7 Remove and Construct A2-6 Curb and
Gutter per SPPWC Std Plan 120-2 720 LF 90.00 $64,800.00 63.00 $45,360.00 48.00 $34,560.00 78.00 $56,160.00 50.00 $36,000.00 8 Remove and Construct Variable Height
Curb per SPPWC Std Plan 120-2 45 LF 72.00 $3,240.00 63.00 $2,835.00 45.00 $2,025.00 77.00 $3,465.00 34.00 $1,530.00 9 PCC Sidewalk per SPPWC Std Plan
113-2 1,900 SF 10.00 $19,000.00 10.50 $19,950.00 8.48 $16,112.00 14.00 $26,600.00 11.00 $20,900.00 10 Remove and Construct Curb Ramp Per
SPPWC Std Plan 111-5 Case A Type 3 10 EA 4,600.00 $46,000.00 4,550.00 $45,500.00 4,884.00 $48,840.00 5,000.00 $50,000.00 5,600.00 $56,000.00 11 Remove and Construct Curb Ramp Per
SPPWC Std Plan 111-5 Case A Type 5 10 EA 4,600.00 $46,000.00 4,550.00 $45,500.00 4,884.00 $48,840.00 5,000.00 $50,000.00 5,600.00 $56,000.00 12 Remove and Construct Curb Ramp Per
SPPWC Std Plan 111-5 Case A Type 6 3 EA 4,600.00 $13,800.00 4,500.00 $13,500.00 4,884.00 $14,652.00 5,000.00 $15,000.00 5,600.00 $16,800.00 13 Remove and Construct Curb Ramp Per
SPPWC Std Plan 111-5 Case B Type 2 3 EA 4,600.00 $13,800.00 4,500.00 $13,500.00 4,884.00 $14,652.00 5,000.00 $15,000.00 5,600.00 $16,800.00 14 Remove and Construct Curb Drain per
SPPWC Std Plan 150-3 3 EA 250.00 $750.00 250.00 $750.00 2,000.00 $6,000.00 790.00 $2,370.00 5,600.00 $16,800.00 15 Remove and Construct Cross Gutter
per SPPWC Std Plan 122-2 710 SF 18.00 $12,780.00 18.00 $12,780.00 18.00 $12,780.00 26.00 $18,460.00 21.00 $14,910.00 16 Remove and Construct Alley Approach
per SPPWC Std Plan 130-2 970 SF 22.00 $21,340.00 15.00 $14,550.00 14.00 $13,580.00 23.00 $22,310.00 18.00 $17,460.00 17 Driveway per SPPWC Std Plan 110-2.

Type Per Plan 600 SF 17.00 $10,200.00 16.00 $9,600.00 14.00 $8,400.00 21.00 $12,600.00 21.00 $12,600.00 18 Adjust Water Meter to Grade 4 EA 400.00 $1,600.00 300.00 $1,200.00 1,000.00 $4,000.00 1,000.00 $4,000.00 600.00 $2,400.00 19 Adjust Water Valve to Grade 2 EA 1,500.00 $3,000.00 250.00 $500.00 2,000.00 $4,000.00 1,000.00 $2,000.00 800.00 $1,600.00 20 Adjust Pull Box to Grade 1 EA 1,000.00 $1,000.00 500.00 $500.00 2,000.00 $2,000.00 800.00 $800.00 825.00 $825.00 21 Adjust Utility Cover to Grade 1 EA 1,500.00 $1,500.00 1,200.00 $1,200.00 2,000.00 $2,000.00 500.00 $500.00 1,600.00 $1,600.00 22 Signing and Striping 1 LS 15,000.00 $15,000.00 29,000.00 $29,000.00 48,549.00 $48,549.00 15,000.00 $15,000.00 22,000.00 $22,000.00 TOTAL $1,172,160.00 $1,178,000.00 $1,221,000.00 $1,243,421.00 $1,256,165.00

SCHEDULE B

ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. COST COST COST COST COST COST COST COST COST COST
23 Traffic Control 1 LS 25,000.00 $25,000.00 14,650.00 $14,650.00 29,840.00 $29,840.00 32,000.00 $32,000.00 5,000.00 $5,000.00 DESCRIPTION QTY. UNITS
Onyx Paving Company,
Inc. Excel Paving All American Asphalt
DESCRIPTION QTY. UNITS
R.J. Noble Company Sequel Contractors, Inc.

Page 1 of 2 ends

PUBLIC WORKS DIVISION
Attachment 2

CITY OF LOS ALAMITOS

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03
BID OPENING: DECEMBER 15, 2021 AT 11AM
24 Cold Mill Existing AC Pavemente (1.5-
Inch Uniform Depth) 8,000 SF 1.00 $8,000.00 0.20 $1,600.00 0.24 $1,920.00 0.33 $2,640.00 0.19 $1,520.00 25 Construct 1.5-Inch ARHM Overlay
Uniform Depth 70 TN 240.00 $16,800.00 110.00 $7,700.00 101.00 $7,070.00 168.00 $11,760.00 105.00 $7,350.00 26 Remove and Construct 6-Inch Thick
AC Pavemente 40 TN 240.00 $9,600.00 148.00 $5,920.00 148.00 $5,920.00 175.00 $7,000.00 190.00 $7,600.00 27 Remove and Construct Variable Height
Curb 50 LF 55.00 $2,750.00 63.00 $3,150.00 45.00 $2,250.00 132.00 $6,600.00 34.00 $1,700.00 28 Install Removable Bollards per Plan 6 EA 3,500.00 $21,000.00 4,000.00 $24,000.00 4,000.00 $24,000.00 3,900.00 $23,400.00 3,000.00 $18,000.00 29 Signing and Striping 1 LS 20,000.00 $20,000.00 12,500.00 $12,500.00 13,000.00 $13,000.00 24,000.00 $24,000.00 20,000.00 $20,000.00 TOTAL $103,150.00 $69,520.00 $84,000.00 $107,400.00 $61,170.00

SCHEDULE C

ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. COST COST COST COST COST COST COST COST COST COST
30 Traffic Control 1 LS 25,000.00 $25,000.00 20,000.00 $20,000.00 40,128.00 $40,128.00 39,000.00 $39,000.00 10.000.00 $10,000.00 31 Cold Mill Existing AC Pavement (1.5-
Inch Uniform Depth) 10,100 SF 0.85 $8,585.00 0.20 $2,020.00 0.24 $2,424.00 0.33 $3,333.00 0.19 $1,919.00 32 Construct 1.5-Inch ARHM Overlay
Uniform Depth 100 TN 185.00 $18,500.00 110.00 $11,000.00 101.00 $10,100.00 192.00 $19,200.00 105.00 $10,500.00 33 Remove and Construct 6-Inch Thick
AC Pavement 40 TN 240.00 $9,600.00 148.00 $5,920.00 148.00 $5,920.00 175.00 $7,000.00 190.00 $7,600.00 34 Remove and Construct A 1-8 Curb per
SPPWC Std Plan 120-3 20 LF 44.00 $880.00 63.00 $1,260.00 45.00 $900.00 123.00 $2,460.00 40.00 $800.00 35 Remove and Construct Cross Gutter
per SPPWC Std Plan 122-2 190 SF 26.00 $4,940.00 18.00 $3,420.00 18.00 $3,420.00 35.00 $6,650.00 21.00 $3,990.00 36 Remove and Construct Alley Approach
per SPPWC Std Plan 130-3 310 SF 20.00 $6,200.00 15.00 $4,650.00 14.00 $4,340.00 31.00 $9,610.00 18.00 $5,580.00 37 Remove and Construct Curb Ramp Per
SPPWC Std Plan 111-5 Case D, Type
2 1 EA 4,800.00 $4,800.00 4,500.00 $4,500.00 4,884.00 $4,884.00 6,300.00 $6,300.00 5,600.00 $5,600.00 38 Remove and Construct Curb Ramp Per
SPPWC Std Plan 111-5 Case A, Type
1 1 EA 4,800.00 $4,800.00 4,500.00 $4,500.00 4,884.00 $4,884.00 6,300.00 $6,300.00 5,600.00 $5,600.00 39 Adjust Pull Box to Grade 1 EA 1,000.00 $1,000.00 500.00 $500.00 2,000.00 $2,000.00 950.00 $950.00 825.00 $825.00 40 Signing and Striping 1 LS 7,500.00 $7,500.00 10,500.00 $10,500.00 13,000.00 $13,000.00 9,000.00 $9,000.00 7,000.00 $7,000.00 41 Install PVC conduit with pull rope per
Edison (SCE) standards and plans. 100 LF 95.00 $9,500.00 120.00 $12,000.00 270.00 $27,000.00 170.00 $17,000.00 150.00 $15,000.00 42 Install pull vox per Edison (SCE)
standards and plans. 2 EA 700.00 $1,400.00 1,000.00 $2,000.00 2,000.00 $4,000.00 1,200.00 $2,400.00 1,000.00 $2,000.00 TOTAL $102,705.00 $82,270.00 $123,000.00 $129,203.00 $76,414.00 SCHEDULE A TOTAL $1,172,160.00 $1,178,000.00 $1,221,000.00 $1,243,421.00 $1,256,165.00 SCHEDULE B $103,150.00 $69,520.00 $84,000.00 $107,400.00 $61,170.00 SCHEDULE C $102,705.00 $82,270.00 $123,000.00 $129,203.00 $76,414.00 PROJECT TOTAL $1,378,015.00 $1,329,790.00 $1,428,000.00 $1,480,024.00 $1,393,749.00 ** The Bid Schedule A Total shall be considered
DESCRIPTION QTY. UNITS

Page 2 of 2 ends

PUBLIC WORKS DIVISION

CITY OF LOS ALAMITOS

STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-03
BID OPENING: DECEMBER 15, 2021 AT 11AM

Page 3 of 2 ends

PUBLIC WORKS DIVISION
Attachment 3

SIGNING AND STRIPING GENERAL NOTES: R E V I S I O N S R E F E R E N C E S 2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim
FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-TITL.dwg DATE: Nov 17, 2021 - 9:03am Know what'sbelow. Callbefore you dig. R CONSTRUCTION NOTES:

LEGEND

INTERNAL LOCKING SECURITY BOLLARDS

CALPIPE SECURITY BOLLARDS
12160 WOODRUFF AVE.

DOWNEY, CA 90241
TOLL FREE: 1-877-283-8518
PHONE: (562) 803-4388
FAX: (562) 803-9883
www.calpipebollards.com

EMBEDMENT

SLEEVE LID
T304 SS 12 GA.

EMBEDMENT
SLEEVE
2" DRAIN PIPE
(BY OTHERS)

SIDE ELEVATION FRONT ELEVATION
NOTES:

1. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS.

2. DO NOT SCALE DRAWING.

3. THIS DRAWING IS INTENDED FOR USE BY ARCHITECTS, ENGINEERS, CONTRACTORS, CONSULTANTS AND DESIGN PROFESSIONALS FOR PLANNING PURPOSES ONLY. THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION.

4. ALL INFORMATION CONTAINED HEREIN WAS CURRENT AT THE TIME OF DEVELOPMENT BUT MUST BE REVIEWED AND APPROVED BY THE PRODUCT MANUFACTURER TO BE CONSIDERED ACCURATE.

5. CONTRACTOR'S NOTE: FOR PRODUCT AND COMPANY INFORMATION VISIT www.CADdetails.com/info AND ENTER REFERENCE NUMBER PL-DETL.

PLAN VIEW
SPECIFICATIONS:

BOLLARD CRASH RATING: ASTM F3016-S10
BOLLARD MATERIAL : 6" ASTM A53 PIPE (6-5/8" OD)
PERSPECTIVE 36" 18"
(Ø6 5/8")
Ø11 1/4"
(30°) 4" 2"
SELECT DESIRED SURFACE FINISH:

POWDER COAT RAL # _____________
OTHER: __________________
SELECT DESIRED CAP STYLE:

DOME
KNIGHT
VIKING

FLAT (SHOWN)

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-DETL.dwg DATE: Nov 17, 2021 - 9:03am Know what'sbelow.

Callbefore you dig. R
DETAIL "B"
N.T.S.

DETAIL "A"
N.T.S.

DETAIL "C"
N.T.S.

DETAIL "D"
N.T.S.

DETAIL "E"
N.T.S.

DETAIL "F"
N.T.S.

DETAIL "G"
N.T.S.

DETAIL "H"
N.T.S.

Callbefore you dig. R
DETAIL "I"
N.T.S.

DETAIL "J"
N.T.S.

DETAIL "L"
N.T.S.

N.T.S.

SECTION A-A
DETAIL "N"
N.T.S.

DETAIL "M"
N.T.S.

DETAIL "K"
N.T.S.

Callbefore you dig. R

CONSTRUCTION NOTES
LEGEND
TOLAND AVE STRIPING CONSTRUCTION NOTES:

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-02.dwg DATE: Nov 17, 2021 - 9:05am Know what'sbelow.

Callbefore you dig. R

FENLEY DR

HOLDEN CIR

CONSTRUCTION NOTES
LEGEND
STRIPING CONSTRUCTION NOTES:

LEGEND

TOLAND CIR

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-03.dwg DATE: Nov 17, 2021 - 9:05am Know what'sbelow.

Callbefore you dig.

R KAYLOR AVE

FENLEY DR

TOLAND AVE

KAYLOR AVE

BALL RD

BALL RD
LEGEND

CONSTRUCTION NOTES
LEGEND
STRIPING CONSTRUCTION NOTES:

EL DORADO WY

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-04.dwg DATE: Nov 17, 2021 - 9:06am Know what'sbelow.

Callbefore you dig. R

CERRITOS AVE

DEL NORTE WY SAN JOAQUIN WY

CERRITOS AVE

CONSTRUCTION NOTES
LEGEND

FLORISTA ST

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-01.dwg DATE: Nov 17, 2021 - 9:07am Know what'sbelow.

Callbefore you dig.

KATELLA AVE

LOS ALAMITOS BLVD

PINE ST

PINE ST REAGAN ST

REAGAN ST

KATELLA AVE

CATALINA ST

CHERRY ST
FOR SIGNING AND STRIPING, SEE SHEET 15 OF 16

CONSTRUCTION NOTES
LEGEND
STRIPING CONSTRUCTION NOTES:

STRIPING CONSTRUCTION NOTES:

KATELLA AVE (FRONTAGE RD)

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-07.dwg DATE: Nov 17, 2021 - 9:08am Know what'sbelow.

Callbefore you dig.

KEARSARGE AVE

TICONDEROGA DR

BENNINGTON ST

RANGER DR TARAWA DR BUNKER HILL DR

MINDORA ST

CONSTRUCTION NOTES
LEGEND
STRIPING CONSTRUCTION NOTES:

LEGEND

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-08.dwg DATE: Nov 17, 2021 - 9:09am Know what'sbelow.

Callbefore you dig.

ANTIETAM AVE BENNINGTON ST MINDORA ST SIBONEY ST

KATELLA AVE

CONSTRUCTION NOTES
LEGEND
STRIPING CONSTRUCTION NOTES:

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-09.dwg DATE: Nov 17, 2021 - 9:09am Know what'sbelow.

Callbefore you dig.

BRADBURY RD PASEO BONITA

BRADBURY RD

PASEO BONITA ROSSMOOR WY

ROSSMOOR WY

CONSTRUCTION NOTES
LEGEND
STRIPING CONSTRUCTION NOTES:

LEGEND

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-10.dwg DATE: Nov 17, 2021 - 9:10am Know what'sbelow.

Callbefore you dig. R

LAMPSON AVE (FRONTAGE RD) LUNAR DR

INTERIOR CIR

OLYMPIC DR SATELLITE DR

RAINIER CIR APOLLO CIR CARLSBAD CIR

GLACIER CIR VICKSBURG CIR

CONSTRUCTION NOTES
LEGEND

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-11.dwg DATE: Nov 17, 2021 - 9:10am Know what'sbelow.

Callbefore you dig.

PINE ST
ALLEY
SEE SHEET 14
FOR SIGNING AND STRIPING, SEE SHEET 16 OF 16

CONSTRUCTION NOTES
LEGEND

ALLEY E/O PINE

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-ROAD-12.dwg DATE: Nov 17, 2021 - 1:18pm Know what'sbelow.

Callbefore you dig.

KATELLA AVE

KATELLA AVE
STRIPING CONSTRUCTION NOTES: (THIS SHEET ONLY)
LEGEND

FLORISTA ST

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-STRIPE-01.dwg DATE: Nov 17, 2021 - 9:11am Know what'sbelow.

Callbefore you dig.

KATELLA AVE

LOS ALAMITOS BLVD

PINE ST

REAGAN ST

KATELLA AVE

CATALINA ST

CHERRY ST
SIGNING AND STRIPING GENERAL NOTES:

STRIPING CONSTRUCTION NOTES: (THIS SHEET ONLY)

R E V I S I O N S R E F E R E N C E S
2401 East Katella Ave, Suite 450, Anaheim, California 92806 714/978-8200 fax 714/978-8299 USER: MCrim FILE: U:\110184.07 - Los Alamitos - Street Rehab FY21-22\900-PS&E\901-Plans\PL-STRIPE-02.dwg DATE: Nov 17, 2021 - 9:12am Know what'sbelow.

Callbefore you dig.

PINE ST ALLEY
City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: February 28, 2022 ITEM NUMBER: 10I
To: Mayor Shelly Hasselbrink & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Award of Bid for the CDBG Howard Ave and Bloomfield Street Improvement FY 2021-2022 Project (CIP No. 21/22-04)

SUMMARY
On January 18, 2022, staff received and reviewed bids to the City’s Request for CIP No. 21/22-04 (FY 2021-2022) – the CDBG Howard Ave and Bloomfield Street Improvement Project.

RECOMMENDATION

1. Award construction for the CDBG Howard Ave and Bloomfield Street Improvement FY 2021-2022 Project (CIP No. 21/22-04) to Hardy and Harper, Inc. in the amount of $205,000; and,

2. Authorize the Mayor to execute the contract with Hardy and Harper, Inc. for the project; and ,

3. Authorize the City Engineer to add work and execute change orders in the amount not to exceed the contingency reserve of 10% or $20,500.

BACKGROUND
The City proposes to grind and overlay various residential streets throughout the City as part of the ongoing pavement management program. The project will also replace damaged curb, gutter, and lifted sidewalk to correct drainage and ADA curb ramps will be modified to current codes as necessary. The project includes the following streets:
• Howard Avenue (Noel Street to Lexington Drive)
• Bloomfield Street (Farquhar Avenue to Katella Avenue) CDBG Howard Ave and Bloomfield Street Improvement Project (CIP No. 21/22-04) February 28, 2022

Page 2 of 3 ends

DISCUSSION
Project Bid Results
Notices announcing the solicitation of bids for this project were posted in the local publications, consisting of: The Event News-Enterprise and the F.W. Dodge publication known as the "Green Sheet".

Bids for the CDBG Howard Ave and Bloomfield Street Improvement FY 2021-2022 Project (CIP No. 21/22-04), were publicly opened on January 18, 2022 at 11:00 am.

From the five (5) total bids received, it was determined that the lowest responsible bid submitted was from Hardy & Harper, Inc. with the total bid amount of $205,000. The bid results are provided below:

ALL AMERICAN ASPHALT $ 265,000.00
R.J. NOBLE CO $ 233,505.00
SEQUEL CONTRACTORS $ 211,191.00
ONYX PAVING $ 210,000.00
HARDY & HARPER, INC. $ 205,000.00
Average $ 224,939.20
The following represents an approximate timeline for the completion of the project which consists of: grind and overlay, signing and striping, and curb ramp replacement for the street improvement project:

CDBG Howard Ave and Bloomfield Street Improvement Project (CIP No. 21/22-04) February 28, 2022

Page 3 of 3 ends

• 02/28/2022 Award of Contract by City Council
• 04/04/2022 Start of construction
• 05/30/2022 End of construction

FISCAL IMPACT
The total construction bid from Hardy and Harper, Inc. is $205,000. The design, construction management and contingency budget is estimated to be $136,000 for a total of $341,000.

Available funding for the projects is provided as follows:

Source Amount
CDBG $291,000
Measure M $50,000
Project Total $341,000
Submitted by: Chris Kelley, City Engineer
Reviewed by: Ron Noda, Development Services Director
Fiscal Impact Reviewed by: Craig Koehler, Finance Director Approved by: Chet Simmons, City Manager
Attachment: 1. Articles of Agreement for CIP No. 21/22-04

2. Bid Breakdown for CIP No. 21/22-04

3. Bid Submittal for CIP No. 21/22-04
1 3
4 5
1 3
4 5
SECTION D – Page 1

CONTRACT INFORMATION AND DOCUMENT

CITY OF LOS ALAMITOS

CONTRACT AGREEMENT FOR

CDBG STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this 28th day of February, 2022, BY AND BETWEEN THE CITY OF LOS ALAMITOS, as CITY, and Hardy & Harper, Inc., as CONTRACTOR. WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:

ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forthherein.

ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

Attachment 1
SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance withthe provisions of that code, and certifies compliance with such provisions.

ARTICLE VI
CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officershaving a principal interest herein.

ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.

ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement. Under no circumstances shall the insurance requirements SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENT
and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.

ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager.

ARTICLE X
The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this Agreement agree to comply with HUD's regulations in 24 CFR Part 75, which implements Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual obligation or other impediment that would prevent them from complying with Part 75 of the regulations.

CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement, contract, or other understanding, if any, a notice advising the labor organization or workers' representative of the CONTRACTOR’s commitments under Section 3 and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 requirements, shall set forth the minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.

CONTRACTOR agrees to include Section 3 contract language in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 contract language, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75.

CONTRACTOR will not subcontract with any subcontractor where the CONTRACTOR SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENT
has notice or knowledge that the subcontractor has been found to be in violation of the regulations in 24 CFR Part 75.

CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled: (1) after the CONTRACTOR is selected but before this Agreement is executed; and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the CONTRACTOR’s obligations under 24CFR Part 75.

Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts.
[SIGNATURES ON NEXT PAGE]
SECTION D – Page 5

CONTRACT INFORMATION AND DOCUMENT

CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day andyear first written.

CITY: CONTRACTOR:
_____________________________________ ________________________________ SHELLY HASSELBRINK, MAYOR HARDY & HARPER, INC.

CITY OF LOS ALAMITOS
ATTEST:

BY: __________________________
(PRINT)
________________________________
(SIGNATURE)
_____________________________________ ________________________________

WINDMERA QUINTANAR, CITY CLERK (TITLE)

CITY OF LOS ALAMITOS
BY: __________________________
(PRINT)
_____________________________________ ________________________________ MICHAEL S. DAUDT, CITY ATTORNEY (SIGNATURE)

CITY OF LOS ALAMITOS
________________________________
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.

SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND

CDBG STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Hardy & Harper, Inc. as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law;
NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of Two Hundred Five Thousand Dollars and Zero Cents ($205,000.00) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators,successors and assigns, jointly and severally, firmly by these presents.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 3181 as to give a right of action to suchpersons or their assigns in any suit brought upon this bond.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 2022.

Contractor* Michael Murray
Hardy & Harper, Inc.
32 Rancho Circle,
Lake Forest, CA 92630
(714) 444-1851
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________
SECTION D – Page 7

CONTRACT INFORMATION AND DOCUMENT
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephonenumber for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ___ day of , 2022
NOTARY PUBLIC........................................................................................................ (SEAL) (E X E C U T E I N D U P L I C A T E)
SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENT

FAITHFUL PERFORMANCE BOND

CDBG STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS that Hardy & Harper, Inc., hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and, a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of Two Hundred Five Thousand Dollars and Zero Cents ($205,000.00); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for theproject entitled: CDBG STREET IMPROVEMENTS ON VARIOUS STREETSS, SPECIFICATION NO. CIP 21/22-04 which Contract is by this reference incorporated herein, and is required by AGENCY togive this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costsincurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this _____ day of _______________, 2022.

Contractor* Michael Murray SURETY*………………………
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851

SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENT
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 2022.

NOTARY PUBLIC.................................................................................................. (SEAL) (E X E C U T E I N D U P L I C A T E)
SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND

CDBG STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-04

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Hardy & Harper, Inc., as CONTRACTOR, a contract for the abovestated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of One Hundred Two Thousand and Five Hundred Dollars and Zero Cents ($102,500.00), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this___ day of ......................................, 2022.

Contractor* Michael Murray
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92630
(714) 444-1851
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 2022 NOTARY PUBLIC.................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
SECTION D – Page 11

CONTRACT INFORMATION AND DOCUMENT

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the __________________of___________________, the party making the foregoing bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ______ [date], at _____________ [city], ______________ [state].
____________________________
Signature of Declarant
____________________________
Printed Name of Declarant
SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENT
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

DATE: ___________Hardy & Harper, Inc.__________________ (Contractor)
By: _________________________________________
(Signature)
_________________________________________
(Title)
Attest:

By: ________________________________
(Signature)
_________________________________
(Title)
Note: See Section 5 Legal Relations and Responsibilities, Subsection 5-4 of the Standard Specifications for insurance carrier rating requirements.

SECTION D – Page 13

CONTRACT INFORMATION AND DOCUMENT

ENDORSEMENTS TO INSURANCE POLICY
Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and

3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and

5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.

6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.

It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.
____________________________________
Authorized Insurance Agent
Date: ______________________________
SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

CDBG STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-04

NAME OF BIDDER: .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: .......................................................................................................

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

CDBG STREET IMPROVEMENTS ON VARIOUS STREETS
SPECIFICATION NO. CIP 21/22-04

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.

SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

Contractors’ License Number: