Los Alamitos City Council
September 23, 2024

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5.10 Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Contractor and its subconsultants and subcontractors, if any, pursuant to this Agreement:

5.10.1 Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.

5.10.2 All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

5.10.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.

5.10.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

5.10.5 Contractor agrees to ensure that subconsultants and subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the provision of Project Services will be submitted to the City for review.

5.10.6 Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or Project Services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.

6. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments,

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arbitration awards, settlements, damages or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.

Notwithstanding the foregoing, and only to the extent that the Project Services performed by Contractor are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

Under no circumstances shall the insurance requirements 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 officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.

7. REPORTS AND RECORDS

7.1 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Project Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Project Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Project Services as the Contract Officer shall require.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. Contractor shall ensure that all of its subconsultants and subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event

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Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. Except to the extent otherwise required by law, no drawing, specification, report, record, document, or other material prepared by Contractor, its employees, subconsultants, subcontractors and agents in the performance of Project Services shall not be released publicly without the prior written approval of the Contract Officer.

8. ENFORCEMENT OF AGREEMENT

8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such County, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

8.2 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waiver or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.3 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

8.4 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

8.5 Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement, at any time, with or without cause, upon thirty (30) calendar days written notice to Contractor, except that where the continuation of services would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.

Upon receipt of the notice of termination, Contractor shall immediately cease all Project Services, except as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Project Services rendered prior to receipt of the notice of termination and for any Project Services authorized by the Contract Officer thereafter.

8.6 Termination for Default of Contractor.

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8.6.1 Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

8.6.2 If the Contract Officer determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. If such default is capable of being cured, Contractor shall have ten (10) calendar days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, or if such default is not capable of being cured, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Contractor shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to Section 8.5.

8.6.3 If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.6.2, take over the Project Services and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total direct and indirect costs for completion of the Project Services required hereunder exceeds the Maximum Contract Amount, and City may withhold any payments to Contractor for the purpose of set-off toward the cost of completion of the Project Services. The withholding or failure to withhold payments to Contractor shall not limit Contractor’s liability for completion of the Project Services as provided herein.

8.7 Attorneys’ Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) calendar days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. For purposes of this section, "Reasonable attorney fees" shall be calculated by multiplying the actual number of hours reasonably expended by the attorney(s) handling the dispute on behalf of the prevailing Party by the hourly rate actually paid by the prevailing Party, but in no case shall the hourly rate exceed Two Hundred and Fifty Dollars ($250.00) per hour.

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its

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successor, or for breach of any obligation of the terms of this Agreement.

9.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, age, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, disability, medical condition, color, creed, religion, sex, sexual orientation, marital status, national origin, or ancestry.

10. MISCELLANEOUS PROVISIONS

10.1 Notices. Any notice, demand, request, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and either served personally during normal hours of operation of the Party receiving the notice, or sent by pre-paid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated on the day personally served, or two (2) business days from the date of mailing if mailed as provided in this section. Additionally, notices by email will be considered legal notice if such communications include the following text in the Subject field: FORMAL LEGAL NOTICE – _____________________.

To City: Chet Simmons, City Manager
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
[email protected]
With copy to:

Michael S. Daudt, City Attorney
Woodruff & Smart
555 Anton Blvd., Suite 1200
Costa Mesa, CA 92626
[email protected]
To Contractor: Name of Contractor
Street
City, State, Zip Code
Email

10.2 Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made

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by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

10.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.

10.4 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

10.5 Third Party Beneficiary. Except as expressly provided herein, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party hereto.

10.6 Recitals. The above-stated Recitals are hereby incorporated into the Agreement as though fully set forth herein and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

10.7 Prevailing Wages. The City has determined that the Project Services under this Agreement requires work of labor categories which are subject to Prevailing Wage Laws identified in the State of California Labor Code. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects.

Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, the Prevailing Wage Laws). It is agreed by the Parties that, in connection with the Project Services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected and appointed officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:

10.7.1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.

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10.7.2 Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

10.7.3 Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the Term of this Agreement.

10.7.4 Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

10.7.5 Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

10.7.6 Contractor shall comply with the provisions of California 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 itself and all of its subcontractors.

10.7.7 Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)

10.7.8 Pursuant to California Labor Code Sections 1860 and 3700, Contractor will be required to secure the payment of compensation to its employees. By signing this Agreement, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for

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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 Agreement.”

10.7.9 Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.

10.8 Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which the Party for which he/she is signing is bound.
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Jordan B. Nefulda
Mayor
APPROVED AS TO FORM.

Woodruff & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Contractor”
Name of Contractor
By:_______________________________
Name
Title
By:_______________________________
Name
Title

1277023.1
EXHIBIT “A”
CONTRACTOR’S PROPOSAL/ SCOPE OF SERVICES
DATED: _______ ___, 2024

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: September 23, 2024 ITEM NUMBER: 10F
To: Mayor Jordan B. Nefulda & Members of the City Council Presented By: Ron Noda, Development Services Director
Subject: Approval of Plans and Specifications - Authorization to Bid for Labourdette Park Project (CIP 24/25-02)

SUMMARY
This item facilitates soliciting bids for the contractual demolition and construction services for the Labourdette Park Project (CIP 24/25-02) at 4401 Howard Avenue.

RECOMMENDATION

1. Approve the solicitation for Request for Proposals (RFP) of plans and specifications and authorization to bid for Labourdette Park Project (CIP 24/25-02); and,

2. Authorize Staff to advertise and solicit bid proposals.

BACKGROUND
Labourdette Park is a neighborhood park located at 4401 Howard Avenue. Approximately 0.44 acres in size, this small pocket park will be the next play area to receive improvement to its original design in accordance with the Los Alamitos Park Improvement Plan. The first park receiving improvements was Sterns Park, followed by Labourdette Park, with Soroptomist Park being next in line. Parks and playgrounds are essential to the quality of life for all who visit, particularly the residents who enjoy the park's location due to its walkability and easy access.

City Council approved the use of a cooperative purchasing agreement for the playground and park amenities earlier this year. The next phase of this project is to solicit approval of plans and specifications and authorization to bid for the construction services. This will include demolition and construction services. The contracted timeline for the project will be 120 working days from the notice to proceed.

DISCUSSION
Labourdette Park Project will consist of immediate improvements to the playground features that will include pour-in-place ground surfacing, replacing the wood chips, and A.D.A accessibility for greater inclusivity. In addition, other significant improvements to the site will include new picnic benches and BBQ grills, additional landscaping, fitness areas with rubberized surfacing, and walking paths. Although the park is smaller than other neighborhood parks, the improvements will bring the community together to enjoy the renovated qualities and amenities with creative space design and bold colors enhancing the quality of the park. The project timeline is still tentative based on the notice to proceed, but it is contractually detailed

as 120 working days.

FISCAL IMPACT
The CIP project was approved by Council during the adoption of the budget. The total budget for the Labourdette Park Project is estimated to be $700,000. Funding for this project is included in the 2024/2025 adopted budget and consists of the following:

CDBG - $300,000
General Fund - $400,000
Attachment: 1. Labourdette Park Bid Packet No. CIP 24/25-02

2. Labourdette Park Technical Specifications

3. Labourdette Park Concept

4. Labourdette Park Section 3 - HUD Information for Contractors

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
SEPTEMBER 2024
NOTICE TO THE BIDDERS:

1. Bids will be received electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities).

2. Bid bond required – 10% of bid amount to be submitted to the Development Services Department.

3. Bids must be received by 9:00 a.m. on Monday, October 14, 2024.

TABLE OF CONTENTS

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION
NOTICE INVITING ELECTRONIC BIDS ................................................................................................ A INSTRUCTIONS TO BIDDERS .................................................................................................................B PROPOSAL INFORMATION AND DOCUMENTS..................................................................................C CONTRACT INFORMATION AND DOCUMENTS................................................................................ D STANDARD SPECIFICATIONS ................................................................................................................E SPECIAL PROVISIONS..............................................................................................................................F RECYCLING OF MATERIALS................................................................................................................. G

3 SECTION A

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING ELECTRONIC BIDS

3 NOTICE INVITING ELECTRONIC BIDS

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Los Alamitos as AGENCY, invites electronic bids for the above stated project and will receive such bids electronically through BidNet Direct (http://cityoflosalamitos.org/517/Bid-Opportunities). Bids will be received up to the hour of 9:00 a.m., on October 14, 2024 and will be opened virtually at that time. If you would like to attend the virtual bid opening, it will be accessible through Microsoft Teams Meeting:

Click here to join the meeting
Meeting ID: 240 662 156 298
Passcode: Lm7u42
The City of Los Alamitos proposes to rehab Labourdette Park located project at 4401 Howard Ave.

Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and must be submitted electronically on BidNet Direct (BidNet), accessible through the Agency’s webpage at http://cityoflosalamitos.org/517/Bid-Opportunities where each prospective bidder must first register as a vendor through the Agency’s BidNet portal. No hard-copy bid packages will be accepted.

Plans and specifications will be available for review on BidNet. All relevant materials shall be obtained from the link above. The Agency is not responsible for and accepts no liability in the event a response is late due to any network, internet or any other technical problem or interruption. The bidder is solely responsible for the “on time” submission of their electronic bid. The Agency will only consider bids that have been transmitted successfully and have been issued an e-bid confirmation number. Bidders experiencing any technical difficulties with the bid submission process may contact BidNet at (800)835- 4603.

In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class A contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. 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 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 Board. 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. (Public Contract Code § 20103.5)

3 THE BID MUST BE ACCOMPANIED BY A BID GUARANTEE IN THE AMOUNT OF 10% OF

THE TOTAL BID PRIOR TO THE BID SUBMISSION DEADLINE, SUBMITTED TO THE DEVELOPMENT SERVICES DEPARTMENT, ATTN: PUBLIC WORKS DEPARTMENT SECRETARY, 3191 KATELLA AVENUE, LOS ALAMITOS, CA 90720. Sealed envelopes bearing the bid bond should be clearly marked with the project title and CIP number as shown on the cover sheet of these specifications. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of Los Alamitos; (c) a certified check made payable to the City of Los Alamitos; or (d) a bidder’s bond executed by an admitted surety insurer made payable to the City of Los Alamitos.

Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

Pursuant to California Civil Code § 3247, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.

The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract.

The Agency reserves the right to reject any and all bids.

Questions or Requests for Information (RFIs) or interpretations are due October 4, 2024, at 9:00 a.m., ten (10) days before the time announced for the opening of the bids and shall be submitted on the BidNet portal. If you have any questions, please contact Irving Montenegro, Jr., at (562)431-3538 ext. 300 or [email protected].

BY ORDER OF the City Council of the City of Los Alamitos, California.

SECTION B

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

INSTRUCTIONS TO BIDDERS
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the Agency. No claim for additional compensation will be allowed which is based upon a lack of knowledge of these items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
Bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The Contractor shall begin work within fifteen (15) calendar days after the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration 120 WORKING DAYS.

The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar days delay in finishing the work in excess of the number of working days prescribed above.

B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Agency at least ten (10) days before the time announced for opening the proposals. Interpretations by the Agency will be in the form of addenda

to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. Agency makes no guarantee that all bidders will receive all addenda. Copies of addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract. All questions shall be addressed to Irving Montenegro, Jr., City of Los Alamitos, (562) 431- 3538, extension 300.

B1.05 SOIL INFORMATION
Soil reports have not been prepared for this project.

B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be submitted as specified in SECTION A - NOTICE INVITING ELECTRONIC BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.

The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the Agency.

B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents. The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. Contractor shall be responsible for verifying all estimated quantities. Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall posses a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years’ experience in the magnitude and character of the work bid.

It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant

to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the Agency in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the Agency, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the Agency under the proposal guarantee shall be forfeited to the Agency in case of failure or neglect of the bidder to furnish, execute and deliver to the Agency the required bonds, evidence of insurance and to enter into, execute and deliver to the Agency the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Agency that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the Agency’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING ELECTRONIC BIDS. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B1.16 POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING ELECTRONIC BIDS.

B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

B1.18 REJECTION OF PROPOSALS
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

B1.19 AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for 45 calendar days.

After 45 calendar days, the low bidder may at any time request release from its bid without penalty.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

B2.21 EXECUTION OF CONTRACT
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.

B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the Agency’s budget limits and constraints.

B1.23 SB 854
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations

SECTION C

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

BID SCHEDULE

BID BOND

NON-COLLUSION AFFIDAVIT

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

BID PROPOSAL

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID PROPOSAL, BID SCHEDULE, BID BOND, NONCOLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Contractor acknowledges receipt and inclusion of addenda to into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guaranteed company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the Agency or evidence of a cash payment to the Agency, in the amount of at least 10% of the total amount of our proposal.

If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidence of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.

NAME OF BIDDER:

MAILING ADDRESS:

STATE OF INCORPORATION:

AUTHORIZED SIGNATURE:

TITLE:

DATE:
(If Company is a corporation, provide corporate resolution per B 1.06 PROPOSAL.)

BID SCHEDULE

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The cost of all labor, services, material, equipment, and installation necessary for the completion of the work itemized under this schedule, even though not shown, or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION E–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except those appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor asto the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications, and details.

NAME OF BIDDER:

CONTRACTOR’S LICENSE NO.:

AUTHORIZED SIGNATURE:

TITLE:

DATE:

BID SCHEDULE (Continued)

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

BID SCHEDULE A
No. Item Description Estimated
Quantity
Unit Unit Price Item
Amount
1 Mobilization and SWPPP Maintenance 1 Lump
Sum
$ $
2 Site Demolition 1 Lump
Sum
$ $
3 4” Thick Grey Concrete 3547 Square
Feet
$ $
4 4” Thick Decorative Concrete 808 Square
Feet
$ $
5 6” Wide Reinforced Concrete Mow Curb 241 Linear
Feet
$ $
6 6” x 18” Reinforced Concrete Play Curb 356 Linear
Feet
$ $
7 1” PVC Water Line, Backflow Preventer 1 Lump
Sum
$ $
8 Site Furnishings including Bike Rack, Trash
Receptacles, Picnic Tables, Drinking
Fountain, Benches, Dog Waste Station
1 Lump
Sum
$ $
9 Installation of City provided Play Equipment 1 Lump
Sum
$ $
10 Play Area Rubber Surfacing and Base Layer 3022 Square Feet $ $
11 Play Area Sand 6 Cubic
Yards $ $
12 Install City provided Exercise Equipment 1 Lump
Sum $ $
13 Fitness Area Rubber Surfacing over 4” Thick
Grey Concrete
1354 Square
Feet $ $
14 Provide and Install Shade Sail 1 Lump
Sum $ $
15 Refresh Existing Fence Columns, Smooth
Stucco Finish
1 Lump
Sum $ $
16 Irrigation System 1 Lump
Sum $ $

17 Landscaping 1 Lump
Sum $ $
18 New SCE Electrical Meter, Pedestal, and
Conduit
1 Lump
Sum $ $
19 Any order of work required to construct the
project per project plans in entirety not
specifically identified within this bid schedule
1 Lump
Sum $ $
Total
Bid Schedule A Total $ ______________________________________ Bid Schedule A Total (in words): __________________________________________________________ _______________________________________________________________________________________ The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications, and details.

The City has the option to reject all bids with or without cause. The City also has the option to remove bid items at its discretion. If the City chooses to remove bid items, no bid price adjustment will be allowed.

For the purposes of determining the lowest responsible bidder, the Bid Schedule A Total shall be considered.
(Company Name of Bidder) (Date)

BID BOND

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Los Alamitos as AGENCY, in the penal sum of ___________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ., 2024.

PRINCIPAL*
________________
_____________________________________________
_____________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this day of , 2024.

NOTARY PUBLIC _______________________________________________ (SEAL)

BID GUARANTEE

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Los Alamitos in the amount of
_______________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Los Alamitos provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.”
NAME OF BIDDER:

MAILING ADDRESS:

AUTHORIZED SIGNATURE:

TITLE:

DATE:
(*Delete the inapplicable words)

BIDDER INFORMATION

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder:

Business Address:

Telephone: .FAX:

E-mail:

Contractor’s License No.: Date License Issued: .

License Expiration Date:

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)

All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates)

Prior Disqualification

Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date: Entity:

Location:

Reason:

Provide Status and any Supplemental Statement:

Has your firm been reinstated by this entity? Yes / No
Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: Federal / State:

If “yes”, identify and describe, (including status):

Have the penalties been paid? Yes / No:___________________ B. Does you firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws? Yes / No: Codes / Laws: Section / Article:

If “yes”, identify and describe (including status):

I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2023, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

EXPERIENCE STATEMENT

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.

Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No

EXPERIENCE STATEMENT (Continued)

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:_______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)

These representations are made under the penalty of perjury under the laws of the State of California.

The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAME OF BIDDER: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ Date: _____________________________
Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)

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

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT AGREEMENT

PAYMENT BOND

FAITHFUL PERFORMANCE BOND

MAINTENANCE BOND
WORKER’S COMPENSATION INSURANCE CERTIFICATE

INSURANCE ENDORSEMENT

STATEMENT RE INSURANCE COVERAGE
STATEMENT RE THE CONTRACTOR’S LICENSING LAWS

ARTICLES OF AGREEMENT

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

THIS DEMOLITION AND CONSTRUCTION SERVICES OF LABOURDETTE PARK PROJECT, SPECIFICATION NO. CIP 24/25-02 AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this day of _____ , 2024 (City Council Action Date Here), BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter d e s i g n a t e d as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a (State) (corporation,
partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the LABOURDETTE PARK PROJECT, SPECIFICATION NO. CIP 24/25-02 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 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 sun of Dollars ($................... ,) 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.

ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for 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 workday 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:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, or sexual 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.

F. Compliance with Federal Labor Standards. In connection with CONTRACTOR’S performance of its responsibilities under the LABOURDETTE PARK PROJECT Agreement, CONTRACTOR shall comply with, and shall cause its contractors, subcontractors, suppliers,

consultants, and any other person(s) and/or entity(ies) for which CONTRACTOR is responsible and others performing work for or on behalf of CONTRATOR arising out of, resulting from or relating to CONTRACTOR’s performance of its responsibilities under the LABOURDETTE PARK PROJECT Agreement to comply with the federal Davis-Bacon Act subject to and in accordance with HUD-4010, and General Decision Number: CA20230024 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 acceptsuch plans, a detailed plan showing the design ofshoring, 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 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 shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘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.’ 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 this AGREEMENT.

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 bind 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.

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 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.

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

AGENCY: Irving Montenegro, Jr. CONTRACTOR: [INSERT CONTACT] CITY OF LOS ALAMITOS CONTRACTOR’S BUSINESS NAME
3191 Katella Avenue Mailing Street Address
Los Alamitos, CA 90720 City, State Zip Code
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.

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, physical or 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 Xth day of Month, 20XX (Council Action Date Here)
CONTRACTOR: Contractor’s Business Name
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX
Subscribed and sworn to this day of , 20 .

NOTARY PUBLIC (SEAL)

SECTION D – Page 20

CONTRACT INFORMATION AND DOCUMENT
AGENCY:

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 )

PAYMENT BOND

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, 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 [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX) 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 to any remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 20__.

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

FAITHFUL PERFORMANCE BOND

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, 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 [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX); 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: LABOURDETTE PARK PROJECT 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 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 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 , 20__
Contractor* Name, Title of Signer SURETY*…………………………………… Contractor’s Business Name ……………………………………………
Mailing Street Address ……………………………………………
City, State, Zip Code ……………………………………………
Telephone # ……………………………………………
*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 ______________ , 20__ NOTARY PUBLIC..................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)

MAINTENANCE BOND

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

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 Contractor’s Business Name, 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 DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), 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.

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____ day of
......................................, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
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..............................., 20__.

NOTARY PUBLIC.................................................................................................. .................................................................................................................................(SEAL)

(EXECUTE IN DUPLICATE)
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: Contractor’s Business Name .
(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.

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 The City of Los Alamitos, its officials, officers, employees, agents and volunteers as additional insured, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.

Authorized Insurance Agent
Date:

STATEMENT REGARDING INSURANCE COVERAGE

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

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: .......................................................................................................

STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

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 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

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATIONS

STANDARD SPECIFICATIONS

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATIONS
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.

SECTION 1 – GENERAL
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.

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 SpecificationsInstitute
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 SCAQMD South Coast Air Quality Management District
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:

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
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.
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, SCAQMD, State, and Federal permits.
2-3 RIGHT-OF-WAY
Add the following:

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. 2-7 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
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.

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 workday. 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 asthe 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.

The contractor shall prepare and submit a storm water pollution prevention plan. Full compensation for preparing and implementing SWPPP shall be included in the lump sum cost for Water Pollution Control and no additional compensation will be allowed. 3-12.6.5 PAYMENT
Add the following:

Payment for Water Pollution Control shall be at bid price per lump sum (LS) and shall include full compensation for all tools, material, equipment, labor, and incidentals for doing all work involved in implementation and maintenance of BMPs and SWPPP and no additional compensation will be allowed therefor.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY
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.

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.
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 attorney’s 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. 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 non-contributing 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:
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 hasthe 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 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.

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
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 8:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agencydesignated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCY-DESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Add the following:

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 to 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 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 City, 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
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 Contractorshall complete all or any designated portion of the Work called for under the Contract within the time set forth in Section 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.

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 Manager 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 Manager

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.

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 those 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
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
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 paid at the contract price Lump Sum (LS) and shall include 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.

SECTION F SPECIAL PROVISIONS

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PART 3 – CONSTRUCTION METHODS
SECTION 300 – EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General.

Subsection 300-1.1 General of the Standard Specifications is amended by adding thereto the following paragraphs:

Demolition and removal of irrigation equipment, turf, site furnishings, signage, root shaving, redwood header, tree and shrub removal, and such other items not mentioned that are required by the Plans and Specifications, are part of this work in this section.

Prior to demolition, removals, and earthwork, the Contractor shall construct and maintain a temporary 6-foot-high chain-link fence with a minimum of two access gates and perimeter fence to protect the area of improvements during construction period.

All obstructions within project limits shall be removed to a minimum of 12-inches below subgrade.

Soil backfill for holes caused by the removal of the existing structures foundations shall be filled with selected site soils and recompacted in 6-inch layers to the density of 95- percent relative compaction.

Tree removal shall include grinding stumps and associated roots to the diameter of the trunk at existing grade and to 3-foot depth below existing grade. Grindings shall be removed from this 3-foot hole. The hole shall then be filled with soil and compacted to 95-percent relative compaction.

All equipment and facilities shown on the Plans to be salvaged, removed and stockpiled, adjusted, and/or relocated shall be measured, marked, and identified in the field.

Contractor shall note the locations, dimensions, and configurations of all existing equipment to be salvaged, and shall clearly mark or tag all equipment to be reused in the field prior to removal to facilitate reassembly; Contractor shall notify Engineer of any damaged or non-salvageable materials prior to commencing any removal or grading operations. Materials found to be damaged after the work commences shall be assumed to be the responsibility of the Contractor. Contractor will not be paid for the replacement or repair of facilities or equipment believed by the Engineer to be damaged after the work commences.

Contractor shall replace designated, unusable existing facilities and equipment, in kind, at the direction of the Engineer.

The application of herbicide to kill turf and weeds, shall be per manufacturers'

recommendations, including roots; and the removal and disposal of soil and turf offsite, and such other items not mentioned that are required by the Plans and Specifications, are part of the work in this section.

All existing turf in the area designated for replacement shall be stripped, removed, and disposed of offsite in a legal manner.

The cleared area shall be ripped to a depth of 12 inches, except in areas of existing tree roots which generally extend to the drip line of the tree canopy. SPECIAL CARE

SHALL BE TAKEN TO PROTECT EXISTING TREES TO REMAIN FROM DAMAGE.
300-1.2 Root Pruning and Tree Trimming.

Subsection 300-1.2 Root Pruning and Tree Trimming is amended by adding thereto the following paragraphs:

Tree branches which hang within 13.5 feet above finished roadway grade or within 9 feet above finished sidewalk or parkway grade shall be removed to the branch collar in accordance with the current pruning standards of the International Society of Arboriculture (ISA). The Contractor shall remove additional tree branches, under the direction of the Engineer, in such a manner that the tree will present a balanced appearance. No paint or tree sealant shall be applied to the resulting scars. All pruning shall be done under the supervision of an ISA Certified Arborist in the Contractor’s employ.

All the root pruning required to place or replace walks, or other permanent facilities shall be limited to the minimum amount necessary to set forms.

All roots 2 inches and larger shall be cut with sharp tool such as axe or chainsaw. No roots shall be broken off by trenching or other heavy equipment.

No root shall be removed within five (5) diameters of the tree trunk measured at 4 feet, 9 inches above grade without the express written permission of the City. Any such root removed without the City’s written permission may create a hazardous condition for which the Contractor shall be liable.

Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.

All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ.

All trees noted on the drawings for tree pruning shall have crown reduction and crown thinning performed in accordance with standards published by the Western Chapter of the International Society of Arboriculture (ISA). All pruning shall be performed by ISA certified tree workers under direct supervision of an ISA certified arborist. The Contractor shall furnish such credentials to the Engineer prior to commencement of any

tree work.
300-1.2.1 Tree Removal and Salvage.

All trees to be removed are considered to the property of the Contractor. Trees to be destroyed shall be recycled as green waste.
300-1.2.2 Protection of Existing Trees to Remain.

All trees to remain in place within the limits of work shall be protected from damage by workmen, equipment, and operations. Insofar as prosecution of the work allows, following removal of surrounding pavements, etc., the root area beneath the tree drip line shall be protected from damage, including compaction.

Protection shall include temporary fencing, barricades, etc. Warning tape will not be considered sufficient.
300-1.2.3 Repair / Modification of Existing Turf Parkway (a) Lawn. The Contractor shall resod in accordance with 801-4.8.3 areas where turf is removed for construction. Thickness and type of sod shall match removed lawn.
(b) Private Sprinklers and Improvements. The Contractor shall coordinate work with adjacent property owners. The Contractor shall test and document the condition of existing improvements before beginning required removals or excavation. The Contractor shall restore private improvements to documented conditions after completing adjacent work.
300-1.4 Payment.

Add the following:

Payment for clearing and grubbing shall be paid at the contract unit price Lump Sum (LS) and shall include full compensation and include, but not limited to, furnishing all labor, materials, tools, transportation, tree trimming, root pruning, vegetation, debris disposal and other equipment and incidentals to perform the work.

SECTION 301 - SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT

OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.7 Payment
Replace the second paragraph with the following:

Payment for Grading (Flatten to 4" below reference point, 90% compaction) shall be paid at the contract price per Lump Sum (LS) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, hauling, disposing, unclassified fill, compaction, unclassified excavation, and incidentals for the site grading no additional compensation will be made therefor.

SECTION 302 – METAL FABRICATION AND CONSTRUCTION
302-3.1 CHAIN LINK FENCE
302 – 3.2 Fence Construction

ADD THE FOLLOWING
For a chain link fence with slats, install slats vertically in the mesh openings such that the slats fit snugly. Fasten them in a way that prevents easy removal or displacement.
302 – 3.4 Measurement and Payment
Remove Section 304-3.4 and replace with the following:

Payment for Temporary 6’ Chain Link Fence with Privacy Screen & Straw Rolls shall be paid at the contract price per Linear Foot (LF) and shall include full compensation and include but not limited to furnishing all labor, materials, tools, equipment, and incidentals for the construction of chain link fence with privacy screen and straw rolls complete in place and no additional compensation will be made therefor.

PART 4 – EXISTING IMPROVEMENTS
SECTION 401-1 GENERAL

ADD THE FOLLOWING SECTION
401-1.1 DEMOLITION AND REMOVAL OF EXISTING STRUCTURES
PART 1 GENERAL

1.01 SCOPE OF WORK
A. Demolition, removal, and site preparation shall include, but is not limited to the demolition of the structures, including walls and footing, floor slabs, and foundations, and grading as identified on the Plans.

B. Utilities – Before starting demolition of any building where utility connections exist, the Contractor

shall verify with the Utility Company that all such utility connections have been disconnected.

However, this shall not relieve the Contractor from the responsibility of complying with all code regulations or general practices as required by the City or Utility Company or District having jurisdiction over such utility.

C. The contractor shall prevent any foreign material from entering sewer laterals to be abandoned and shall employ suitable devices to prevent any material entering the sewer.

D. It is the responsibility of the contractor to have full knowledge of the existing sites before commencing demolition. The contractor shall raze all structures and completely clear the sites of debris as described in the specifications.

E. Contractor shall grade the entire site.

1.02 SUBMITTALS
A. Submit, in accordance with Section 3-8 “Submittals,” of these Special Provisions, the following information:
a) Provide a Removal Plan outlining details of the removal operations, showing equipment, sequence, and methods to be used, and schedule of operations, at least ten (10) days before beginning removals.
b) Bill of lading for every load of materials taken off-site. c) Proposed haul routes, permits for transportation and disposal of debris. d) Documentation for type, quantity, and method of disposal for all items. e) If material removed from the worksite will be disposed of on private property, submit copies of written releases not less than five (5) days prior to the start of work. Releases shall absolve the City from responsibility in connection with the depositing of material on private property and shall be signed by the owners of the property on which the material will be deposited.

C. Copies of required permits and certifications shall be submitted to the Engineer prior to performing work requiring permits and certifications.
a) Submit all documents required for removal, handling and transportation of hazardous materials, as applicable.

1.03 SAFETY AND PROTECTION
A. Health and Safety Plan. The Contractor bears the ultimate responsibility for the health and safety of its employees. These specifications shall not be construed to limit the Contractor’s liability nor to assume that the City, its employees or designate, will assume any of the Contractor’s liability associated with Site safety considerations. The Contractor shall have a health and safety plan in effect prior to commencement of Work. The plan shall meet all OSHA and other applicable requirements. The plan shall specifically address procedures and protocols that will be followed to monitor for the presence of hazardous atmosphere, possibility for engulfment, gasses due to organic soils or proximity to landfills, exposure to hazardous products such as may be released when grinding, cutting, or torching galvanized or painted surfaces, contaminated soil, and groundwater, and identify response actions that will be taken when these conditions are encountered. This plan shall be provided to the Engineer at least one week before any construction activities begin. The City will not assume any role in determining the adequacy of the plan on behalf of the Contractor.

B. No Asbestos Containing Materials, lead-based paint or lead containing materials, or other hazardous building materials, shall be used for any purpose.

C. Contractor shall verify that the electrical system involved in the removal work is de-energized.

Coordinate with Southern California Edison to have electrical service meters, electrical power lines, and electrical power meter devices removed.

D. Contractor shall verify that the gas system involved in the removal work is de-energized.

Coordinate this work with Southern California Gas.

E. Exercise care in removing and handling existing structures, equipment, and substructures that may be required to be relocated or reinstalled. Provide and place bracing and shoring to prevent movement or damage to structures and improvements that are to remain. Restore damaged improvements to their original condition at the Contractor’s Expense and to the Engineer’s satisfaction.

F. Protect buildings and structures on adjacent properties, and other items which are to remain.

Contractor shall repair damages at the Contractor’s expense.

G. Provide, erect, and maintain barriers, fences, barricades, lighting, and guard rails as required to protect general public, workers, and adjoining properties. Fences shall be linked but removable with screens and conform to Section 206-6 Chain Link Fence of the Reference Specification.

H. Protect pipelines, wires, cables, electrical panels, and conduits located above or below ground if such items are to remain. Damage to said items if caused by actions or omissions of Contractor shall be repaired at the Contractor’s expense.

I. Cease operation and notify Engineer immediately if the work appears to endanger life, facilities, or property. Do not resume operations until safe conditions have been restored.

PART 2 MATERIALS
A. The use of explosives for any work to be performed under this contract is prohibited.

B. The use of a “Headache Ball” or other battering device on any building or structure shall not be permitted when such device will swing or will be swung over public or adjacent private property or that through its use will cause building material particles to fall or to be driven onto public or adjacent private property.

C. Backfill must be free of organic or other unsatisfactory material such as residue from grooving or grinding operations, metal, rubber, mixed debris, or rubble.

PART 3 EXECUTION

3.01 GENERAL
A. Perform all demolition work in accordance with applicable Federal, State, County, and City Building Codes and Regulations. The work shall meet safety standards and requirements including those of CAL/OSHA. The Contractor shall have at the work site copies of applicable extracts of CAL/OSHA Construction Safety Orders and General Industrial Safety Orders.

B. Control dust to meet the South Coast Air Quality Management District regulations.

C. Subsurface items not shown on the Drawings or mentioned in the Specifications, which are encountered during the Contractor’s operations shall be brought to the attention of the Engineer.

The Engineer will determine the disposition of the items.

D. Obtain permission from the Engineer if outriggers, swinging cranes, or other equipment might pass over adjacent properties.

E. Should the Contractor decide to move any large items intact off the site, arrangements for permits, clearances, and utilities are the Contractor’s responsibility.

F. Remove from site vermin infested and harmful materials. Dispose of in accordance with applicable regulations so as not to endanger the health of workers, tenants, or the public.

G. Burning of material on site shall not be permitted.

H. All debris shall be removed and handled in a way as to prevent entering the drainage and sewage systems.

I. Remove existing improvements as indicated on the Drawings.

J. Removals adjacent to existing structures shall be performed carefully to prevent damage to the facilities. Removals by “Stomping” will not be permitted.

K. Survey Monuments and Benchmarks disturbed during demolition and removal activities shall be reestablished per the requirements of the City of Los Alamitos.

L. Contractor shall construct and maintain erosion control BMPs per the Reference Specification Section 3-12.6 Water Pollution Control.

3.02 UTILITY COORDINATION
A. Exercise extreme caution while working around power poles, overhead lines and light poles that are required to remain.

B. Conduits and structures associated with demolition of the existing buildings shall be removed and conduits capped at grade and the locations recorded on the as-built plans and locations staked in the field.

C. Disconnection and removal of all above ground utility services and meters to the point of service is included in the work to be done, unless otherwise specifically identified for removal by the utility owner.

D. Demolish and remove abandoned utilities as indicated on the Contract Drawings and as directed by the Engineer. Coordinate with utility owner prior to work.

E. Abandoned utilities shall be removed, capped, or plugged as applicable or as identified on the drawings. Record these locations on the Record Drawings.

F. Contractor shall stake location of abandoned utilities. Stakes shall clearly note the material and depth of pipe.

H. Cap any adjacent irrigation system that is impacted by these removals and ensure remaining irrigation is fully operational. Work may include the placement of temporary irrigation piping to maintain connectivity.

3.03 DEMOLITION AND REMOVALS
A. The Contractor shall completely remove all furnishings and fixtures, and accessory structures attached or adjacent to the buildings to be demolished. The City reserves the right to require the Contractor to salvage certain fixtures prior to removal, including, but not limited to, air conditioning units and other items determined of value by the City.

B. The Contractor shall completely remove all building walls, concrete pedestals, and perimeter walls, and footing. All debris and refuse shall be removed.

C. Floor slabs and foundations shall be removed.

D. Any cavities within the Project Area shall be backfilled in accordance with materials stated in this section.

E. Disposal of all material shall conform to all applicable local, state, and federal regulations.

3.04 OWNERSHIP AND DISPOSAL
A. Materials removed shall become the property of the Contractor and legally disposed off site.

B. Materials shall be free from residual petroleum, tars, waste, debris, soils, loose scrap metal, and any toxic, hazardous, or other foreign substances.

3.05 BITUMINOUS PAVEMENT AND CONCRETE REMOVALS
A. Surface improvements removed or damaged as a result of Contractor’s operations and not designated to be removed shall be reconstructed by the Contractor with the same type of materials and to the same dimensions. Pavement thickness shall be 1 inch greater in thickness than the removed existing pavement.

3.06 CLEAN-UP
A. Debris and Rubbish Control: Debris and rubbish shall be removed and transported in a manner that will prevent spillage onto existing streets or adjacent areas. All debris shall be removed off the project site property at Contractor’s expense.

B. Regulations: Contractor shall comply with all applicable federal, state, and local regulations regarding handling and disposal of demolished buildings and all resulting materials.

PART 4 MEASUREMENT AND PAYMENT

4.01 MEASUREMENT
A. Demolition and removal of the structure, placement and compaction of fill, and all associated work, including utility coordination, wall removals and footing, shall be measured as a single lump sum item.

PART 5 LANDSCAPING AND IRRIGATION
SECTION 501 – INSTALLATION
501-1 GENERAL.

All existing lawn and landscape areas disturbed by the Contractor as part of or as a result of the work shall be prepared and re-sodded and/or replanted in kind, except as otherwise designated in the Plans. Existing irrigation systems shall be repaired and restored to operating condition to the satisfaction of the Engineer.

Contractor shall field verify with Engineer exact location of all irrigation

components such as, but not limited to, valves, sprinkler heads, piping, etc., prior to start of construction. All irrigation components shall be protected in place. However, where there are conflicts with new sidewalks, the water supply lines, valves, and sprinkler heads shall be modified and adjusted to grade or relocated, as necessary. The reinstallation of irrigation components shall be performed in the same manner in which they were originally installed.

Contractor shall not have the existing irrigation system inoperable for more than 48 hours continuously.
501-2 Payment
Payment for Irrigation System Modifications shall be paid at the contract unit price Lump Sum (LS) and shall include full compensation and shall include, but not be limited to, furnishing all labor, materials, tools, equipment, hauling, disposing, pipes, sprinklers, connections, wyes, bends, tees, removal of interfering portions of existing system and incidentals for the irrigation system modifications complete in place and no additional compensation will be made therefor.

Payment for Vegetation Control Fabric shall be paid at the contract unit price per Square Feet (SF) and shall include full compensation and shall include, but not be limited to, furnishing all labor, materials, tools, equipment, hauling, disposing, compaction, and incidentals for the vegetation control fabric complete in place and no additional compensation will be made therefor.

SECTION G

LABOURDETTE PARK PROJECT
AT 4401 HOWARD AVE
NO. CIP 24/25-02

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

RECYCLING OF MATERIALS

WASTE MANAGEMENT PLAN FORM

1. PROJECT & APPLICANT INFORMATION

OWNER'S NAME DATE
PROJECT ADDRESS _____

OWNER TELEPHONE

CONTRACTOR NAME

CONTRACTOR CONTACT NAME

CONTRACTOR TELEPHONE

APPROXIMATE SQUARE FOOTAGE OF PROJECT
DEMOLITION DATES: START END
CONSTRUCTION DATES: START END

2. DESCRIPTION OF DIVERSION PLAN
Briefly state how waste materials will be handled at your job site to ensure salvage/reuse or recycling.

Also, explain how you will inform your workers/sub-contractors of your Waste Reduction and Recycling Plan requirements and ensure their participation.

3. EXEMPTION
Please fill out the section below if you believe that your project is entitled to an exemption and not required to divert or recycle C&D debris.

Waste Management City of Los Alamitos

Form Page 1 of 7 Updated 5/2022

4. MATERIAL HANDLING ESTIMATE
Please complete the Material Handling Estimate Worksheet (page 3). This form is used to identify the estimated types and quantities of materials and how the waste material will be reduced, recycled or disposed of at your project site. Estimates should be calculated in tons.

Please use the attached Materials Conversion Worksheet for conversion factors. 4a. Diversion Percentage Estimate from Section F. (page 3): % 4b. ls the percentage listed in 4a above greater than or equal to 65%? YES NO 4c. If NO, explain why:

1. "To the best of my knowledge, the tonnage and diversion percentage estimates reported on this form are my best estimate of the disposition of the construction and demolition materials generated at this project site."

SIGNATURE

PRINT NAME DATE
Exemption Status:

Reviewed
Date

Waste Management City of Los Alamitos
Form Page 2 of 7 Updated 5/2022

MATERIAL HANDLING ESTIMATE

WORKSHEET
Column A: List estimated quantities of waste for each material type (in tons). To convert yards to tons, use the attached Materials Conversion Worksheet.

Columns B, C, D: List estimated quantities reused, recycled, or disposed based on Column A quantities. Column E: State the name of all vendors or facilities used to reuse, recycle or dispose of materials listed. Column Totals: Add up all material quantities for each column.

Section F. Calculate the estimated diversion percentage in the section at the bottom of this worksheet and enter the percentage on page 2, line 4a, of this form. Attach another Material Handling Estimate Worksheet if more room is needed.

Materials A
Quantity
Discarded
B
Salvage or
Reuse
C
Recycling
D
Disposal
(Landfill)
E
Proposed
Destination(s)
Example: Cardboard 2 tons
'

1.5 ,-
.5 (Recycle) XYZ Recycling
Facility (Disposal) Prima
Landfill
Asphalt & Concrete
Brick/Masonry/fitle
Building Materials
(doors windows,
cabinets, ect.)
Cardboard
Carpet
Carpet Padding/Foam
Ceiling Tiles
Drywall (new or used)
Landscape Debris
(brush, trees, ect.)
Waste Management City of Los Alamitos
Form Page 3 of 7 Updated 5/2022

MATERIAL HANDLING ESTIMATE

WORKSHEET
Materials A
Quantity
Discarded
B
Salvage
or Reuse
C
Recycling
D
Disposal
(Landfill)
E
Proposed
Destination(s)
Scrap Metal
Unpainted Wood &
Pallets
Garbage/Trash
Dirt X
Demolition X X
Green Waste (trees,
shrubs, turf, etc.)
Mixed Debris
Roofing
Wood Shingle/Shake
Concrete/Clay Tile
Roof Decking
Appliance/Equipment
F. Diversion Percentage Estimate: (Transfer % amount lo 4a on page 2) Column Totals B + C = / A = X 100% = %
Waste Management City of Los Alamitos
Form Page 4 of 7 Updated 5/2022

MATERIAL HANDLING ESTIMATE

WORKSHEET
Material Category Volume Unit Tons/Unit Tons
Asphalt/Concrete
Asphalt (broken) cy X .7 =
Concrete (broken) cy X .9
=
Concrete (solid slab)
Brick/Masonry/Tile
Brick (broken)
Brick (whole, palletized)
Masonry block (broken)
Tile
Building Materials (doors, windows, cabinets, etc.)
Cardboard (flat)
Carpet
By square foot
By cubic yard
Carpet Padding/Foam
Ceiling Tiles
Whole (palletized)
Loose
Drywall (new or used)
½" (by square foot)
5/8" (by square foot)
Demo/used (by cubic yard)
Landscape Debris (brush, trees,
etc.) Scrap Metal
Waste Management City of Los Alamitos
Form Page 5 of 7 Updated 5/2022
cy X 1.2975
=
cy X .7 =
cy X 1.5212 =
cy X .6 =
sq ft X .00175 =
cy X .15 =
cy X .05
=
sq ft X .0005 =
cy X .3 =
sq ft X .000125 =
sq ft X .0003 =
cy X .0875 =
sq ft X .0008 =
sq ft X .00105 =
cy X .25 =
cy X .15 =
cy X .453 =

MATERIALS CONVERSION WORKSHEET
Material Category Volume Unit Tons/Unit Tons
Unpainted Wood & Pallets
By board foot bd ft X .001375 =
By cubic yard cy X .15 =
Garbage/Trash cy X .175
Dirt
By cubic yard cy X 1.03 =
Demolition
Complete demolition sq ft of X 40/2000
structure
Complete demolition with tile roof sq ft of X 47/2000 = structure
Green Waste (trees, shrubs, turf, etc.) cy X .25 =
Mixed Debris (interior remodel) cy X .2
Roofing
Asphalt composition shingle roof X 3/2000 =
sq ft
Wood Shingle/Shake roof X 2/2000 =
sq ft
Concrete/Clay Tile roof X I 0/2000
sq ft
Roof Decking roof
sq ft
X 1.5/2000 =
Appliance/Equipment
Cook Top X .015 =
Dishwasher X .050
Refrigerator X .075 =
Oven (single) X .038 =
Waste Management City of Los Alamitos
Form Page 6 of 7 Updated 5/2022

Material Category

MATERIALS CONVERSION WORKSHEET
Volume Unit Tons/Uni t Tons
Trash Compactor X .020
Water Heater 30 gallons X .025 =
Water Heater 40-50 gallons X .038 =
Bathtub (cast Iron) X .150 =
Bathtub (steel) X .038 =
Sink, cast iron X .025
Sink, porcelain X .010
Sink, steel X .005 =
Toilet X .020
cy= cubic yards
Sample Calculation:
sq ft= square foot bd ft= board foot
Materials including, I 00 square feet of roof decking, 50 cubic yards of brick (broken), and a cast iron bathtub would compute as follows: (I 00 x 1.5 lbs.)/2000 + (50 x 7) + .15= (.075) + 35 + 0.15 = 35.225 Tons Waste Management City of Los Alamitos
Form Page 7 of 7 Updated 5/2022

Technical Specifications - Page 1
Labourdette Park Improvements
City of Los Alamitos, Ca.

August 23, 2024

Technical Specifications - Page 2
SECTION 01039

COORDINATION AND MEETINGS

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Coordination
B. Field Engineering
C. Pre-construction Conference
D. Progress Meetings
E. Pre-installation Conference

1.2 COORDINATION
A. Coordinate scheduling, submittals, and work of various sections of project specifications to assure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later.

B. Verify utility requirement characteristics of operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment.

C. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on project drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs.

D. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements.

E. Coordinate completion and clean up of work of separate sections in preparation for Substantial Completion Inspection.

F. After City occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of City activities.

G. Coordinate all utility company work in accordance with the General Provisions.

1.3 FIELD ENGINEERING
A. Employ a Land Surveyor registered in the State of California and acceptable to the Owner and Architect.

B. Control datum for survey is that established by Owner provided survey. Contractor to locate and protect survey control and reference prints.

Technical Specifications - Page 3
C. Provide field engineering services. Establish elevations, lines, and levels utilizing recognized engineering survey practices.

1.4 PRE-CONSTRUCTION CONFERENCE
A. Owner will schedule a conference prior to issuance of Notice to Proceed.

B. Mandatory Attendance: Owner, Architect, General Contractor, Contractor's Project Manager and Contractor's Job Superintendent.

C. Optional Attendance: Architect's Consultants, subcontractors and utility company representatives.

D. Architect will preside at conference, record minutes and distribute copies.

E. Agenda:

1. Execution of Owner-Contractor Agreement.

2. Submission of executed bonds and insurance certificates.

3. Distribution of Contract Documents.

4. Submission of Products, schedule of values, and progress schedule.

5. Designation of responsible personnel representing the parties.

6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, change orders and contract close-out procedures.

1.5 PROGRESS MEETINGS
A. Owner will schedule and administer meetings throughout progress of the work at regular intervals.

B. Owner will make arrangements for meetings, prepare agenda, preside at meetings record minutes (Field Reports), and distribute copies.

C. Attendance Required: Job superintendent, major Subcontractors and/or suppliers, owner's Representative and Architect, as appropriate to agenda topics for each meeting.

D. Agenda:

1. Review minutes of previous meetings. (Field Reports)

2. Review of work progress.

3. Field observations, problems, and decisions.

4. Identification of problems which impede planned progress.

5. Review of submittals schedule and status of submittals.

6. Review of off-site fabrication and delivery schedules.

7. Maintenance of progress schedule.

8. Corrective measures to regain projected schedules.

9. Planned progress during succeeding work period.

10. Coordination of projected progress.

11. Maintenance of quality and work standards.

12. Effect of proposed changes on progress schedule and coordination.

13. Other business relating to work.

Technical Specifications - Page 4

1.6 PRE-INSTALLATION CONFERENCE
A. When required in individual specification sections, conduct pre-installation conference prior to commencing work of the section.

B. Require attendance of parties directly affecting, or affected by, work of the specific section.

C. Notify Architect four (4) days in advance of meeting date.

D. Prepare Agenda, preside at conference, record minutes, and distribute copies within two days after conference to participants.

E. Review conditions of installation, preparation and installation procedures, and coordination with related work.

2.0 PART 2 PRODUCTS
Not Used

3.0 PART 3 EXECUTION
Not Used

END OF SECTION

Technical Specifications - Page 5
SECTION 01045

CUTTING AND PATCHING

1.0 PART 1 GENERAL
The Contractor shall be responsible for all specific safety requirements promulgated by any government authority, including the requirements of the Occupational Safety and Health Act (OSHA) and CAL OSHA.

Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Project Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1. Requirements and limitations for cutting and patching of work.

1.2 SUBMITTALS
A. Submit written request in advance of cutting or alteration which affects:

1. Structural integrity of any element of the project.

2. Integrity of weather-exposed or moisture-resistant element.

3. Efficiency, maintenance, or safety of any operational element.

4. Visual qualities of sight exposed elements.

5. Work of City or separate Contractor.

B. Include in request:

1. Identification of project.

2. Location and description of affected work.

3. Necessity for cutting or alteration.

4. Description of proposed work, and products to be used.

5. Alternatives to cutting and patching.

6. Effect on work of Architect, Separate Contractor.

7. Written permission of affected separate Contractor.

8. Date and time work will be executed.

2.0 PART 2 PRODUCTS
A. Primary Products: Those required for original installation.

Technical Specifications - Page 6

3.0 PART 3 EXECUTION

3.1 EXAMINATION
A. Inspect existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching.

B. After uncovering existing work, inspect conditions affecting performance of work.

C. Beginning of cutting or patching means acceptance of existing conditions.

3.2 PREPARATION
A. Provide temporary supports to ensure structural integrity of the work.

B. Provide devices and methods to protect other portions of project from damage.

C. Provide protection from elements for areas which may be exposed by uncovering work.

3.3 CUTTING AND PATCHING
A. Execute cutting, fitting, and patching to complete work.

B. Fit products together, to integrate with other work.

C. Uncover work to install ill timed work.

D. Remove and replace defective or non-conforming work.

E. Remove samples of installed work for testing when requested.

F. Provide openings in the work for penetration of mechanical and electrical work.

3.4 PERFORMANCE
A. Execute work by methods to avoid damage to other work, and which will provide appropriate surfaces to receive patching and finishing.

B. Employ skilled and experienced installer to perform cutting and patching.

C. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval.

D. Restore work with new products in accordance with requirements of Contract Documents.

E. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces.

Technical Specifications - Page 7
F. Refinish surfaces to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit.

3.5 CLEANING
A. Prior to completion of the work and leaving the site, remove from the job site all tools, surplus materials, equipment, scrap, debris and waste, derived from this work, per Section 01710.

END OF SECTION

Technical Specifications - Page 8
SECTION 01340

SUBMITTALS

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Submittal procedures.

B. Construction progress schedules.

C. Proposed Products list.

D. Substitutions.

E. Shop drawings.

F. Product data.

G. Samples.

H. Manufacturers' instructions.

I. Manufacturers' certificates.

1.2 SUBMITTAL REQUIREMENTS
A. Submit digital PDF files of each submittal to the Construction Manager.

B. Sequentially number the transmittal forms. Re-submittals to have original number with an alphabetic suffix.

C. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing sheet and detail number(s), and specification section number, as appropriate.

D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction work, and Contract Documents. Submittals without Contractor's stamp and signature will be returned without review.

E. Schedule submittals to expedite the project.

F. Make submittals in groups containing associated and related items to make sure that information is available for checking each item when it is received. Submittals for all items requiring color selection must be received before any item will be approved.

G. Make submittals in advance of scheduled dates for installation, to provide time for review and possible revisions, and re-submission prior to approval and subsequent placement of orders.

H. Identify variations from Contract Documents and product or system limitations which may be detrimental to successful performance of the completed work.

I. Provide space for Contractor, Construction Manager and Architect's review stamps.

J. Revise and resubmit submittals as required, identify all changes made since previous submittal.

Technical Specifications - Page 9
K. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.

Contractor to submit product submittals and/or shop drawings for the following sections of work:

Item Product Submittal Shop DWG.

Section 02750 Irrigation System ........................................................... X Section 02760 Site Furnishings............................................................. X...................X Section 02800 Landscaping................................................................... X Section 03300 Cast-In-Place Concrete .................................................. X Sheet E-200 Electrical........................................................................ X Fencing/Railing ................................................................................................................X

1.3 CONSTRUCTION PROGRESS SCHEDULE
A. Submit initial progress schedule in duplicate within fourteen (14) days after date of Notice to Proceed for City and Architect review and approval.

B. Revise and resubmit as required when progress is not in compliance with original schedule.

C. Submit revised schedules with each Application for Payment, identifying changes since previous version.

D. Submit a horizontal bar chart with separate line for each major section of work or operation, identifying first work day of each week.

E. Show complete sequence of construction by activity, identifying work of separate stages and other logically grouped activities. Indicate the early and late start, early and late finish, float dates, and duration.

F. Indicate estimated percentage of completion for each item of work at each submission.

1.4 PROPOSED PRODUCTS LIST
A. Within fourteen (14) days after date of Notice to Proceed, submit complete list of major products proposed for use, with name of manufacturer, trade name, and model or catalog designation, and reference standards.

1.5 SUBSTITUTIONS
A The Contract is based on the standards of quality established in the Contract Documents.

B. All substitutions shall conform to the requirements and conditions of Section 01630.

1.6 SHOP DRAWINGS
A Submit Two prints of each drawing.

B. After review, distribute in accordance with article on procedures above and for Record Documents described in Section 01700 - Contract Closeout.

Technical Specifications - Page 10

1.7 PRODUCT DATA
A. When specified in individual specification sections, submit seven (7) of copies of data for each product which Contractor requires, three (3) copies which will be retained by Architect.

B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufactures' standard data to provide information unique to this Project.

C. After review, distribute in accordance with article on procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout.

1.8 SAMPLES
A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work.

B. Provide materials and products specified in the full range of color, texture and pattern for selection by Architect. Range shall include standard stocked color/texture/pattern, standard color/texture/pattern not stocked, but available from manufacturer, and special color/texture/pattern available from manufacturer as advertised in product data and brochures. Unless otherwise indicated in individual specification sections, Architect may select from any range at no additional cost to the City.

C. Include identification on each sample, with full Project information.

D. Submit the number of samples which Contractor requires, plus two which will be retained by Architect.

E. Reviewed samples which may be used in the work are indicated in individual specification Sections.

1.9 MANUFACTURERS' INSTRUCTIONS
A. When specified in individual specification sections, submit manufacturer's printed instructions for delivery, storage, assemble, installation, start-up, adjusting, and finishing, in quantities specified for Product Data.

1.10 MANUFACTURERS' CERTIFICATES
A. When specified in individual specification sections, submit manufacturers' certificate to Architect for review, in quantities specified for Product Data.

B. Indicate material or Product conforms to or exceeds specified requirements, submit supporting reference date, affidavits, and certifications as appropriate.

C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Architect.

END OF SECTION

Technical Specifications - Page 11
SECTION 01400

QUALITY CONTROL

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Quality assurance and control of installation.

B. References.

C. Field samples.

D. Mock-up.

E. Manufacturers' field services and reports.

1.2 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce work of specified quality.

B. Comply fully with manufacturers' instructions, including each step in sequence.

C. Should manufacturer’s instruction conflict with Contract Documents, request clarification from Architect before proceeding.

D. Comply with specified standards as a minimum quality for the work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.

E. Perform work by persons qualified to produce workmanship of specified quality.

F. Secure Products in place with positive anchorage devices designed and sized to withstand stresses vibration, physical distortion or disfigurement.

1.3 REFERENCES
A. Conform to reference standard by date of issue current on date for receiving bids except when a specific date is indicated.

B. Obtain copies of standards when required by Contract Documents. Maintain copy at job site during progress of the specific work.

C. Should specified reference standards conflict with Contract Documents, request written clarification from Architect before proceeding.

D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.

Technical Specifications - Page 12

1.4 FIELD SAMPLES
A. Install field samples at the site as required by individual specifications Sections for review.

B. Acceptable samples represent a quality level for the work.

C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by Architect.

1.5 MOCK-UP
A. Tests will be performed under provisions identified in this section.

B. Acceptable and erect specified items, with specified attachment and anchorage devices, flashings, seals and finishes.

C. Where mock-up is specified in individual Sections to be removed, clear area after mock-up has been accepted by the Architect.

1.6 MANUFACTURERS' FIELD SERVICES AND REPORTS
A. When specified in individual specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary.

B. Individuals to report observations and site decisions or instruction given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.

C. Submit report in duplicate within fourteen (14) days of observation to Architect for review.

2.0 PART 2 PRODUCTS
Not Used

3.0 PART 3 EXECUTION
Not Used

END OF SECTION

Technical Specifications - Page 13
SECTION 01500

TEMPORARY FACILITIES & CONTROLS

1.0 PART 1 GENERAL
The Contractor shall be responsible for all specific safety requirements promulgated by any government authority, including the requirements of the Occupational Safety and Health Act (OSHA) and CAL OSHA.

Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Project Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1. Temporary Utilities. Electricity, telephone service, water, and sanitary facilities.

2. Temporary Controls. Barriers, enclosures and fencing, protection of the work, existing site conditions and water control.

3. Construction Facilities. Access roads, parking and progress cleaning.

1.2 TEMPORARY ELECTRICITY
A. Provide and pay for power service required from utility source.

B. Provide power outlets for construction operations, with branch wiring and distribution boxes.

Provide flexible power cords as required.

C. Permanent convenience receptacles may be utilized during construction.

1.3 TEMPORARY LIGHTING
A. Provide and maintain lighting for construction operations.

B. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required.

C. Permanent building lighting may not be utilized during construction.

1.4 NOT USED

1.5 NOT USED

1.6 NOT USED

1.7 TEMPORARY WATER SERVICE

Technical Specifications - Page 14
A. Provide, maintain and pay for suitable quality water service required for construction operations.

Contractor may obtain water from existing fire hydrant if appropriate clearances are acquired and fees paid.

B. Extend branch piping with outlets located so water is available by hoses with threaded connections.

1.8 TEMPORARY SANITARY FACILITIES
A. Provide and maintain temporary chemical type toilet facilities and enclosures.

B. Existing facilities shall not be used.

1.9 BARRIERS
A. Provide barriers to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage by construction operations.

B. Provide protection for plant life and trees designated to remain or to be relocated, and for soft and hardscape areas adjacent to work, replace damaged materials in kind at no additional cost to the City.

C. Protect non-owned vehicular traffic, stored materials, site and structures by damage.

1.10 FENCING
A. Construction a commercial grade chain link fence 6 ft high around construction site to restrict public access. Contractor shall maintain fence during project construction, including landscape maintenance period.

1.11 WATER CONTROL AND EROSION CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment.(if required)
B. Provide water barriers as required to protect site from soil erosion.

C. Prepare and provide erosion control plan and submit to City for review and approval.

1.12 NOT USED

1.13 PROTECTION OF INSTALLED WORK
A. Protect installed work and provide special protection where specified in individual specifications sections
B. Provide temporary and removable protection for installed products. Control activity in immediate work area to minimize damage.

C. Prohibit traffic from landscaped areas.

1.14 SECURITY

Technical Specifications - Page 15
A. Provide security and facilities to protect work, and existing facilities from unauthorized entry, vandalism, or theft.

B. All items of work stolen or vandalized prior to acceptance by the Owner, shall be replaced by the Contractor at Contractor's expense.

1.15 ACCESS ROADS
A. Construct and maintain temporary roads accessing public thorough fares to serve construction area.

Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow.

B. Provide and maintain access to fire hydrants, free of obstructions.

1.16 PROGRESS CLEANING
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition at all times.

B. Remove waste materials, debris, and rubbish from site periodically dispose off-site.

1.17 NOT USED

1.18 STORAGE AREAS AND SHEDS
A. Size to storage requirements for products of individual sections. Allow for access and orderly provision for maintenance and for inspection of products.

1.19 NOT USED

1.20 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary above grade or buried utilities, equipment, facilities, materials prior to Substantial Completion Inspection.

B. Remove underground installations to a minimum depth of 2 ft. Grade site as indicated.

C. Clean and repair damage caused by installation or use of temporary work.

2.0 PART 2 PRODUCTS
Not Used

3.0 PART 3 EXECUTION
Not Used

END OF SECTION

Technical Specifications - Page 16
SECTION 01620

STORAGE & PROTECTION

1.0 PART 1 GENERAL

1.1 SECTION INCLUDES
A. Protect products scheduled for use in the work by means including, but not necessarily limited to, those described in this Section.

B. Related work:

1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications.

2. Additional procedures also may be prescribed in other Sections of these Specifications.

1.2 QUALITY ASSURANCE
A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials.

1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by the Engineer, determine and comply with manufacturers' recommendations on product handling storage, and protection.

1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible.

1. Maintain packaged materials with seals unbroken and labels intact until time of use.

2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the City.

B. The Engineer may reject as non-complying such material and products that do not bear identification satisfactory to the Engineer as to manufacturer, grade, quality, and other pertinent information.

1.5 PROTECTION
A. Maintain finished surfaces clean, unmarred, and suitable protected until accepted by the City.

1.6 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of the Engineer and at no additional cost to the Owner.

Technical Specifications - Page 17
B. Additional time required to secure replacements and to make repairs will not be considered by the Engineer to justify an extension in the Contract Time of Completion.

2.0 PART 2 PRODUCTS
A. Primary Products: Those required for original installation.

30. PART 3 EXECUTION
Per plans and specifications.

END OF SECTION

Technical Specifications - Page 18
SECTION 01630

SUBSTITUTIONS

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Project Plans, as specified and as necessary to complete the contract.

1.2 PRODUCTS
A. The term "Product" includes materials, systems, and equipment. Products shall be new, of the types specified, and furnished in ample quantities to facilitate proper and timely execution of the work. All products shall be pre-approved by the Owner.

B. Use products of one manufacturer for each specific purpose, insofar as practicable.

1.3 CONTRACTOR'S OPTION
A. For products specified, only by reference standards, select any product, meeting standards of manufacturers and the City.

B. For products specified by naming several products or manufacturers, select any product manufacturer named.

C. For products specified by naming one or more products, but indicating the option of selecting equivalent products by stating "or equal", "equal to", or "approved equal", "equivalent to", Contractor must submit a request, as required for substitution, for any product not specifically named.

1.4 SUBSTITUTIONS
A. During bidding, the Owner will consider written request from the Contractor for substitutions received at least seven calendar (7) days prior to bid date. Requests received after that time will not be considered except for the following conditions.

1. Products discontinued.

2. Insufficient quantity: Except the following will not establish cause for substitutions: Failure to award subcontract in sufficient time, or failure to place orders for products so as to insure delivery without delaying work.

3. Delays beyond Contractor's control, such as strikes, lockouts, or acts of God, which may preclude the procurement and delivery of products for purposes of the project.

4. Other reasons as the Owner may deem justifying the Contractor in such action.

Technical Specifications - Page 19
B. Submit four (4) copies of requests for substitutions to: Hirsch & Associates, Inc. at 2221 E. Winston Road, Suite A, Anaheim, CA 92806. Include in request:

1. Complete data substantiating compliance of proposed substitution with Contract Documents.

2. For products:
a. Product identification, include manufacture's name and address. b. Manufacturer's literature including product description, performance and test data, and reference standards.
c. Samples.
d. Name and address of similar projects on which product was used, and date of installation.

3. For construction methods:
a. Detailed description of proposed method.
b. Drawings illustrating methods.

4. Itemized comparison of proposed substitution with product or method specified.

5. Data relating to changes in construction schedule.

6. Accurate cost data on proposed substitution in comparison with product or method specified.

7. Relation to separate contracts, when applicable.

C. In making request for substitution, Bidder/Contractor represents:

1. He has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified, and will pay all costs for testing of materials as requested by the Owner.

2. He will provide the same warranty for substitutions as for product or method specified.

3. He will coordinate installation of accepted substitution into the work, making such changes as may be required for work to be complete in all respects, at no additional cost to the Owner.

4. He waives all claims for additional cost related to substitution which consequently becomes apparent.

5. Cost data is complete and includes all related costs under his Contract, and costs under separate contracts, when applicable.

D. Substitutions will not be considered if:

1. They are indicated or implied on shop drawings or project data submittals without formal request submitted in accordance with this section.

2. Acceptance will require substantial revision of Contract Documents.

Technical Specifications - Page 20

3. Colors or finishes required by the Owner are not available on the proposed substitution.

E. Approvals:

1. The Architect and Owner shall determine the 'or-equal' status for all requested substitutions.

F. Product Cost:

1. All product cost shall mean the cost of the product at time of bid. All requested product substitutions after bid date shall indicate original product and labor cost and product and labor cost for requested substitution. All cost savings shall be rebate to the Owner in change order form.

2.0 PART 2 PRODUCTS
Not Used

3.0 PART 3 EXECUTION
Not Used

END OF SECTION

Technical Specifications - Page 21
SECTION 01700

CONTRACT CLOSEOUT

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Project Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1. Closeout Procedures

2. Final Cleaning

3. Adjusting

4. Demonstration and Instructions

5. Project Record Documents

6. Operation and Maintenance Data

7. Warranties

8. Spare Parts and Maintenance Materials

1.2 CLOSEOUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, work has been inspected, and in complete accordance with Contract Documents and ready for Architect's inspection.

B. Provide submittals to the Architect that are required by governing or other authorities.

C. Submit final Application for Payment identifying total adjusted Contract Sum, previous payments, and sum remaining due.

D. Coordination of Owner occupancy of facilities.

1.3 FINAL CLEANING
A. Execute final cleaning prior to final inspection.

B. Clean all surfaces; remove temporary labels, stains and foreign substances, polish glossy surfaces.

C. Not used
D. Not Used
E. Clean debris from drainage systems.

F. Clean site; sweep paved areas, rake clean landscaped surfaces.

G. Remove waste and surplus materials, rubbish, and construction facilities from the site.

Technical Specifications - Page 22

1.4 ADJUSTING
A. Adjust operating products and equipment to ensure smooth and unhindered operation.

1.5 DEMONSTRATION AND INSTRUCTIONS
A. Demonstrate operation and maintenance of products to Architect two (2) weeks prior to date of final inspection.

B. For equipment or systems requiring seasonal operation, perform demonstration for other season within six months.

C. Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner's personnel in detail to explain all aspects of operation and maintenance. Supply two (2) copies of operations and maintenance manual to Architect.

D. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, maintenance and shutdown of each item of equipment at agreed-upon times, at equipment location.

E. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction.

1.6 PROJECT RECORD DOCUMENTS
A. Maintain on site, one set of the following record documents; record actual revisions to the work in contrasting color.

1. Contract Drawings

2. Specifications

3. Addenda

4. Change Order and other Modifications to the Contract

5. Reviewed shop drawings, product data, and samples.

B. Store Record Documents separate from documents used for construction.

C. Record information concurrent with construction in progress.

D. Specifications: legibly mark and record at each product section in contrasting color ink, description of actual products installed, including the following:

E. Part 1: Operation and maintenance instructions, arranged by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers.

Identify the following:

1. Significant design criteria.

2. List of equipment.

3. Parts list for each component.

4. Operating instructions.

5. Maintenance instructions for equipment and systems.

6. Maintenance instructions for finishes, including recommended cleaning methods and materials.

Technical Specifications - Page 23
F. Part 2: Project documents and certificates, including the following:

1. Shop drawings and product data.

2. Certificates.

3. Photocopies of warranties.

1.7 OPERATIONS AND MAINTENANCE MANUAL
A. Provide duplicate notarized copies of warranties and guarantees.

B. Execute and assemble documents from Subcontractors, suppliers, and manufacturers.

C. Provide Table of Contents and assemble in binder with durable plastic cover.

D. Submit prior to final Application for Payment.

E. For items of work delayed beyond date of Substantial Completion, provide updated submittal within ten days after acceptance, listing date of acceptance as start of warranty period.

1.8 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections.

B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment.

2.0 PART 2 PRODUCTS
Not used

3.0 PART 3 EXECUTION
Not used

END OF SECTION

Technical Specifications - Page 24
SECTION 01710

CLEANING

1.0 PART 1 GENERAL

1.1 SECTION INCLUDES
A. Execute cleaning daily, during progress of the Work, and at completion of the Work.

B. If the Contractor fails to clean up during construction or at the completion of the Work, the Owner may do so and the cost thereof shall be charged to the Contractor.

1.2 RELATED REQUIREMENTS
A. Each Specification section: Cleaning for specific products or Work.

1.3 DISPOSAL REQUIREMENTS
A. Conduct cleaning and disposal operations to comply with codes, ordinances, regulations, and antipollution laws.

2.0 PART 2 PRODUCTS

2.1 MATERIALS
A. Use only those cleaning materials which will not create hazard to health or property and which will not damage surfaces.

B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned.

C. Use cleaning materials only on surfaces recommended by cleaning material manufacturer.

3. PART 3 EXECUTION

3.1 DURING CONSTRUCTION
A. Execute daily cleaning to keep the Work, the site and adjacent properties free from accumulations of waste materials, rubbish and windblown debris, resulting from construction operations.

B. Provide on-site containers for the collection of waste materials, debris, and rubbish.

C. Remove waste materials, debris, and rubbish from the site daily and dispose of at legal disposal areas away from the site.

3.2 FINAL CLEANING
A. Employ skilled workmen for final cleaning.

B. Remove grease, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials from all surfaces.

Technical Specifications - Page 25
C. Comply with all special cleaning instructions contained in the Specifications.

D. Broom clean exterior paved surfaces: Rake clean other surfaces on the grounds.

E. Prior to final completion, or Owner occupancy, Contractor shall conduct an inspection of all surfaces, and all work areas, to verify that the entire Work is clean.

END OF SECTION

Technical Specifications - Page 26
SECTION 01730

OPERATION AND MAINTENANCE DATA
10 PART 1 GENERAL

1.1 SECTION INCLUDES
A. To aid the continued instruction of operating and maintenance personnel, and to provide a positive source of information regarding products incorporated into the work, furnish and deliver the data described in this Section and in pertinent other Sections of these Specifications.

B. Related Work:

1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications.

2. Required contents of submittals also may be amplified in pertinent other Sections of these Specifications.

1.2 SUBMITTALS
A. Comply with pertinent provisions of Section 01300.

B. Submit two (2) copies of preliminary draft of the proposed Manual or Manuals to the Architect for review and comments.

C. Unless otherwise directed in other Sections, or in writing by the Architect, submit three (3) copies of the final Manual to the Architect prior to indoctrination of operation and maintenance personnel.

1.3 QUALITY ASSURANCE
A. In preparing data required by this Section, use only personnel who are thoroughly trained and experienced in operation and maintenance of these described items, completely familiar with the requirements of this Section, and skilled in technical writing to the extent needed for communicating the essential data.
2 PART 2 PRODUCTS

2.1 MAINTENANCE PROGRAM SPECIFICATION
A. A project-specific maintenance manual shall be included with the Splash Pad Equipment. The manual shall provide information to establish the frequency of inspections, a description of preventive maintenance and repair procedures, and plan-specific inspection report forms for each

Technical Specifications - Page 27
component part shown on the plan. It shall also include copies of the original plan, installation instructions and parts list.

The manufacturer shall provide wrenches or other tools needed to adjust or replace special vandalresistance fasteners.

2.2 INSTRUCTION MANUALS
A. Where instruction Manuals are required to be submitted under other Sections of these Specifications, prepare in accordance with the provisions of this Section.

B. Format:

1. Size: 8-1/2" x 11"

2. Paper: White bond, at least 20 lb weight

3. Text: Neatly written or printed

4. Drawings: 11" in height preferable; bind in with text; fold out acceptable; larger drawings acceptable but fold to fit within the Manual and provide a drawing pocket inside rear cover or bind in with text.

5. Flysheets: Separate each portion of the Manual with neatly prepared flysheets briefly describing contents of the ensuing portion; flysheets may be in color.

6. Binding: Use heavy-duty plastic or fiberboard covers with binding mechanism concealed inside the Manual; 3-ring binders will be acceptable; all binding is subject to Architect's approval.

7. Measurements: Provide all measurements in U.S. standard units such as feet-andinches, lbs, and cfm; where items may be expected to be measured within ten years in accordance with metric formulae, provide additional measurements in the "International System of Units" (SI).

C. Provide front and back covers for each Manual, using durable material approved by the Architect, and clearly identified on or through the cover with at least the following information:

Operating and Maintenance Instructions
Name and Address of Work
Name of Contractor
General Subject of this Manual
Space for Signature of Architect and Approval Date
D. Contents: Include at least the following:

1. Neatly typewritten index near the front of the Manual, giving immediate information as to location within the Manual of all emergency information regarding the installation.

Technical Specifications - Page 28

2. Complete instructions regarding operation and maintenance of all equipment involved including lubrication, disassembly, and reassemble.

3. Complete nomenclature of all parts of all equipment.

4. Complete nomenclature and part number of all replaceable parts, name and address of nearest vendor, and all other data pertinent to procurement procedures.

5. Copy of all guarantees and warranties issued.

6. Manufacturers' bulletins, cuts, and descriptive data, where pertinent clearly indicating the precise items included in this installation and deleting, or otherwise clearly indicating, all manufacturers' data with which this installation is not concerned.

7. Such other data as required in pertinent Sections of these Specifications. 3 PART 3 EXECUTION

3.1 INSTRUCTION MANUALS
A. Preliminary:

1. Prepare a preliminary draft of each proposed Manual.

2. Show general arrangement, nature of contents in each portion, probable number of drawings and their size, and proposed method of binding and covering.

3. Secure the Architect's approval prior to proceeding.

B. Final: Complete the Manuals in strict accordance with the approved preliminary drafts and the Architect's review comments.

C. Revisions:

1. Following the indoctrination and instruction of operation and maintenance personnel, review all proposed revisions of the Manual with the Architect.

2. If the Contractor is required by the Architect to revise previously approved manuals, compensation will be made as provided for under "Changes" in the General Conditions.

END OF SECTION

Technical Specifications - Page 29
SECTION 02050

SELECTIVE DEMOLITION

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction, latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1. In accordance with pertinent provisions of this Section, carefully demolish and remove from the site those items scheduled to be so demolished and removed.

2. The Contractor shall contact the regional notification center (Underground Service Alert of Southern California) at 1-800-422-4133 and obtain an inquiry identification number. No excavation shall commence unless the Contractor has obtained the Inquiry Identification Number, and so notify the City and Architect.

1.2 RELATED WORK
Section 01045 Cutting and Patching
Section 02110 Clearing and Grubbing
Section 02000 Earthwork and Grading

1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

2.0 PART 2 PRODUCTS
Primary Products: Those required for original installation.

3.0 PART 3 EXECUTION

3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this Section will be performed. Correct conditions detrimental to timely and proper completion of the work.

3.2 DEMOLITION
A. By careful study of the Contract Documents, determine the location and extent of selective demolition to be performed.

Technical Specifications - Page 30
B. In the company of the Architect, visit the site and verify the extent and location of selective demolition required.

1. Carefully identify limits of selective demolition.

2. Mark interface surfaces as required to enable workmen also to identify items to be removed and items to be left in place intact.

C. Prepare and follow an organized plan for demolition and removal of items.

1. Shut off, cap, and otherwise protect existing public utility lines in accordance with the requirements of the public agency or utility having jurisdiction.

2. Completely remove items scheduled to be so demolished and removed, leaving surfaces clean, solid, and ready to receive new materials specified elsewhere.

3. In all activities, comply with pertinent regulations of governmental agencies having jurisdiction.

D. Demolished materials shall be considered to be property of the Contractor and shall be completely removed from the job site.

E. Use means necessary to prevent dust becoming a nuisance to the public, to neighbors, and to other work being performed on or near the site.

3.3 REPLACEMENTS
A. In the event of demolition of items not so scheduled to be demolished, promptly replace such items to the approval of the Architect and at no additional cost to the City.

3.4 CLEAN-UP
A. Leave surfaces free of dirt, gouges and imperfections. Clean adjacent surfaces soiled by this work.

Remove equipment, surplus materials and debris from job site, and leave installation ready for succeeding work.

4.0 PART 4 METHOD OF PAYMENT
A. Payment for all work specified under this section shall be paid at the respective contract lump sum price or unit price as indicated and shall include all costs for installation, labor, materials, equipment, taxes, transportation costs and incidentals to accomplish the work as indicated in these Contract Documents and no additional compensation will be allowed.

END OF SECTION

Technical Specifications - Page 31
SECTION 02110

CLEARING, GRUBBING

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Project Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1. The Contractor shall contact the regional notification center (Underground Service Alert of Southern California) at 1-800-422-4133 and obtain an inquiry identification number. No excavation shall commence unless the Contractor has obtained the Inquiry Identification Number and so notify the Architect.

2. Hauling of all debris, generated by site demolition, clearing and grubbing, and legally disposing at a dumpsite licensed to accept material.

2.0 PART 2 PRODUCTS
Not Used

3.0 PART 3 EXECUTION

3.1 CLEARING & GRUBBING
A. Record plans shall be available on site and shall be reviewed by the Architect at appropriate times before work is covered.

B. Clearing and grubbing shall consist of the removal of all natural and artificial objectionable materials from construction areas.

C. Grubbing shall extend to the outside excavations and fill slope lines, except where slopes are rounded, the areas shall extend to the outside limits of slope rounding.

D. Clear ground surface of all vegetable growth, such as trees, logs, upturned stumps, roots, brush, grass, weeds, and all objectionable material within limits of construction and/or grading operations.

Areas of existing lawn not disturbed by construction or grading shall be protected.

E. All roots 1" and larger, rocks and/or debris 3" and larger, and all other objectionable materials shall be removed 3ft below existing ground surface or subgrade whichever is deeper where encountered during demolition or construction operations.

F. All materials removed shall be legally disposed of off the site, at a facility licensed to accept such materials.

Technical Specifications - Page 32
G. Bituminous Pavement shall be removed to clean, straight lines. When only surface of bituminous pavement is to removed, method of removal shall be approved by the Architect.

H. Concrete Pavement shall be removed to neatly sawed edges. Sawcuts made to a minimum depth of 1-1/2". Sawcuts shall be either parallel to the original sawcuts or shall be cut on an angle which departs from the original saw cut not more than 1" to 6".

I. Concrete Curb, Walks Gutters, Cross Gutters, Driveways and Alley Intersections shall be removed to neatly sawed edges with cuts made to a minimum depth of 1-1/2". Curb and gutter shall be sawed to a depth of 1-1/2" on a neat line at right angles to the curb face.

J. Removal of all natural and artificial objectionable materials in construction areas.

1. Existing walks, slabs, etc., as indicated.

2. Removal of items not designated to be salvaged, relocated or reused.

3. Any additional items as directed by the Architect or City.

3.2 PROTECTION OF EXISTING IMPROVEMENTS
A. Protection of underground site utilities.

B. Protection of Items to be relocated, reused or salvaged.

C. Protection of plant life, trees and shrubs to remain or to be relocated. (all trees not affected by construction of grading operations) Water remaining trees during construction.

3.3 SALVAGE ITEMS
A. Salvage items are the property of the Owner, if the Owner chooses not to dispose of these items, they then become the property of the Contractor. Contractor shall remove from site at his own expense and no extra cost will be allowed.

3.4 CLEAN-UP
A. Leave surfaces free of dirt, gouges and imperfections. Clean adjacent surfaces soiled by this work.

Remove equipment, surplus materials and debris from job site, and leave installation ready for succeeding work.

4.0 PART 4 METHOD OF PAYMENT
A. Payment for all work specified under this section shall be paid at the respective contract lump sum price or unit price as indicated and shall include all costs for installation, labor, materials, equipment, taxes, transportation costs and incidentals to accomplish the work as indicated in these Contract Documents and no additional compensation will be allowed.

END OF SECTION

Technical Specifications - Page 33
SECTION 02210

EARTHWORK AND GRADING

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Project Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1. Contact "Underground Service Alert" 1-800-422-4133, 48 hours prior to any digging.

2. Clearing & Grubbing.

3. Engineered fill under structures, approved by Soils Engineer.

4. Subgrade preparation for walks, slabs, sub-base, building pads and other items of work.

5. Finish grading of the site.

6. Excavation and backfill for all footings, structures etc.

7. Soil compaction as required.

8. Coordination of soil testing as required.

9. Weed control treatment.

10. Protective measures.

11. Dust and noise abatement.

12. Perform all cutting, spreading, backfilling and compaction necessary.

13. Contractor shall secure and maintain all required permits and licenses necessary to legally complete the work of this section. Owner will pay for city required permits only.

14. Contractor is responsible for paying any fees made necessary by the removal and disposal of earth and debris.

15. The Contractor shall provide all survey services necessary for horizontal and vertical control points, layouts, lines, levels and staking of work.

16. Erosion control and storm water run-off management.

1.2 RELATED WORK
Section 03300 Cast-In-Place Concrete

1.3 GRADING OPERATIONS
A. Contractor shall be required to remove excavated soils from splash pad tank and materials from site at no additional costs to the Owner.

B. It will be the Contractor's responsibility to perform all cutting, spreading, backfilling and compaction operations necessary to comply with the intent of the Plans.

C. The Contractors attention is specially directed to the requirements of Section 300-4.4, and Section 300-4.5 of the Standard Specifications for Public Works Construction, Latest Edition

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D. The Landscape Architect will observe the placement of fill and backfill, foundation excavations, compacted fill and subgrade areas. Contractor shall contact Landscape Architect 48 hours prior to execution of this work.

E. Clearing and grubbing shall include the removal and disposal of any additional items not specifically mentioned herein or shown on the plans, but, which may be found within the work limits. (refer to section 02110 of these specifications) F. The Contractor shall work closely with the Architect during grading operations and shall receive written approval from Soils Engineer of grading, subgrade preparation and compaction, prior to placement or construction of any item according to the Standard Specifications for Public Works Construction, Latest Edition. All work shall be performed in accordance with Section 300 of the Standard Specifications for Public Works Construction, Latest Edition

1.4 WATER
A. Contractor shall make and pay for any necessary hook-up to provide construction water service to the site during construction. The Contractor will pay the cost for construction water used.

1.5 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

1.6 NOT USED

2.0 PART 2 PRODUCTS

2.1. MATERIALS
A. Structural Backfill:
1 On site excavated fill as approved by the Engineer.
2 Imported granular material as approved by Engineer.

3. Rocks larger than 1" in diameter shall be removed from excavated fill prior to backfill and compaction.

B. Fill Materials:
1 Imported fill if required and as approved by the Engineer. 2 On site soil materials as approved by Engineer.

3. Rocks larger than 1" in diameter shall be removed from excavated fill prior to backfill and compaction.

3.0 PART 3 EXECUTION

3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this section will be performed. Correct conditions detrimental to timely and proper completion of the work.

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B. Clearing and Grubbing with the exception of pavement removal in parking driveway aprons shall be completed prior to the start of grading procedures.

3.2 ROUGH GRADING
A. The site shall be graded to the limit lines and elevations shown on the project drawings with such allowances as may be required for the construction of footings, slabs, walks, and other site improvements. Tolerance for rough grading is 1/10th of a foot, plus or minus at drainage swales, building pads and paved areas. In all areas, appearances and positive drainage shall be the governing factors in acceptability of grades.

3.3 EXCAVATION
A. Make necessary excavations for footings and slabs, and perform additional excavation necessary to provide for installation of concrete forms.

B. Sides of footings may be poured against undisturbed soil if Soils Engineer approves. On site excavated materials shall be used as approved by Soils Engineer and/or Architect.

C. Bottom of footing excavations shall be level, free from loose materials and brought to required grades in undisturbed earth. All excavations shall be kept free from standing water. The Contractor shall perform all pumping or drainage necessary. Should excavations for footings through error be excavated, such additional depth or size shall be filled with concrete as specified for footings at the Contractors expense.

3.4 FILL
A. Landscape fill, top 12" of planting areas shall be on-site soil as approved by Engineer.

B. All fill material must be approved by Owner’s representative prior to placement. Fill shall be placed in level layers not to exceed 8" in depth, and mechanically compacted using optimum amount of moisture to achieve ninety (90) percent of the maximum dry density (laboratory standard) for structural fills and subgrades. All landscaped areas shall achieve eighty (80) percent of the maximum density (laboratory standard).

C. Rocks larger than 1" in diameter shall be removed from excavated fill prior to backfill and compaction.

3.5 BACKFILL
A. Material used for backfill of trenches, shall be free from large stones and clods. Material shall be as approved by the Soils Engineer and in accordance with Section 306-1.3 of the Standard Specifications for Public Works Construction, Latest Edition.

B. Backfill shall be deposited in layers of a maximum 6" thickness and with water, amount to be rigidly controlled to insure optimum moisture conditions for the type of fill material used. Excess water causing saturation beneath footings, walks and/or curbs will not be permitted.

C. Structural backfill and subgrades shall be compacted by suitable means to a minimum of ninety (90) percent for areas requiring structural backfill. All landscaped areas shall be compacted to ninety (90) percent.

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D. All trenches shall be backfilled in accordance with this section and may be tested at the discretion of the Soils Engineer.

3.6 SUBGRADE PREPARATION
A. Subgrade preparation for building pads, concrete slabs, curbs, walks and gutters shall conform to the requirements of Section 301-1 of the Standard Specifications for Public Works Construction, Latest Edition.

3.7 FINISH GRADES
A. Finish grades shall slope to drain without water pockets or irregularities and shall conform to the intent of the project drawings and Specifications after thorough settlement and compaction of the soil.

B. Finish grades shall meet all existing or established controls of sidewalks, curbs and walls, and shall be of uniform slope and grade between points of fixed elevations or elevation controls and from such points to establish grades. Tolerance for finish grading is plus or minus 1/10th of a foot.

3.8 DUST AND NOISE ABATEMENT
During the entire period of construction, site areas shall be kept sprinkled as necessary to reduce dust in the air and annoyance to surrounding properties. Adhere to the requirements of City Ordinances for dust and noise control.

4.0 PART 4 METHOD OF PAYMENT
A. Payment for all work specified under this section shall be paid at the respective contract lump sum price or unit price as indicated and shall include all costs for installation, labor, materials, equipment, taxes, transportation costs and incidentals to accomplish the work as indicated in these Contract Documents and no additional compensation will be allowed.

END OF SECTION

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SECTION 02220

EXCAVATING & BACKFILLING

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction, latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the drawings, as specified and as necessary to complete the contract, including but not limited to these major items:

1. The Contractor shall contact the regional notification center (Underground Service Alert of Southern California) at 1-800-422-4133 and obtain an inquiry identification number. No excavation shall commence unless the Contractor has obtained the Inquiry Identification Number, and so notify the City and the Architect.

1.2 RELATED WORK
Section 02210 Clearing and Grubbing
Section 02200 Earthwork and Grading

1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section.

B. Record prints shall be available on site and shall be reviewed by the Architect at appropriate times before work is covered.

2.0 PART 2 PRODUCTS
Select Site Material for backfill of trenches

3.0 PART 3 EXECUTION

3.1 MATERIALS
A. Structure excavation shall consist of the removal of material for the construction of foundations, retaining walls, headwalls, culverts, or other structures, and other excavation designated on plans as structure excavation.

B. Structure excavation and structure backfill shall include furnishing all materials and equipment; the construction or installation of all cofferdams and other facilities which may be necessary to perform the excavations and to place and compact the backfill; and the removal of such facilities, except where they are required to remain in place.

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3.2 NOT USED

3.3 STRUCTURE BACKFILL
A. Structure backfill shall not be placed until the structure has been approved by the Engineer and approved for backfilling, in accordance with Section 300-3.5.1 of the Standard Specifications for public works construction latest edition. Material used for structure backfill shall have a sand equivalent of not less than 20 and shall have the following grading requirements:

Sieve Size Percentage Passing
4" 100
No. 4 35-100
No. 30 20 -00
B. Structure backfilling shall be placed in accordance with Subsection 300-4.5 and mechanically compacted to a minimum relative compaction of 90 percent.

3.4 NOT USED

3.5 UNCLASSIFIED EXCAVATION
A. Unclassified excavation shall consist of all excavation, including roadways, unless separately designated.

1. Material unsuitable for planned use shall be excavated and disposed of as directed by the Landscape Architect or City representative.

2. The removal and disposal of such unsuitable material will be paid for as unclassified excavation for the quantities involved if the removal of such material is shown on the plans.

3. If required excavated material is unsatisfactory for the specified use on the project solely because of high moisture content, the Contractor may be directed by the Landscape Architect or City representative, to either process the material, or to remove the material and replace it with suitable material. If the high moisture content is not the result of any action on the part of the Contractor, the work shall be paid in accordance with Section 01019.

B. Selected Materials

1. Selected materials encountered in excavation right-of-ways, shall be used as indicated on plans, or as directed by the Landscape Architect and City representative.

2. Topsoil excavated within the limits of the project may be considered as selected material only for the purpose of backfilling areas to be planted.

3.6 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill unless separately designated. Construction of unclassified fill including preparing the area on which fill is to be placed, and the depositing, conditioning, and compacting of fill material.

1. Rocks, broken concrete, or other solid materials, which are larger than 3 inches shall not be placed in fill areas.

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2. Clods or hard lumps of earth larger than 6 inches shall be broken up before compacting the material in fill. The location and depth of placement in the fill and method to be used shall be subject to the approval of the Engineer.

3.7 PREPARATION OF FILL AREAS
A. Areas over which fills are to placed shall first be cleared and grubbed in accordance with Section 02110. Areas shall then be scarified to provide a bond between the existing ground and the material to be deposited thereon.

B. Brick rubble, broken asphalt pavement, and broken concrete originating from the project shall be disposed of at the Contractor's expense off the work site.

C. Place fill material in horizontal layers of depths compatible to the material being placed and the type of equipment being used.

D. At time of compaction, the moisture content of fill materials shall be such that the specified relative compaction will be obtained and the fill will be firm, hard and unyielding.

E. Each layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatictired rollers, or other mechanical means acceptable to the Architect.

F. Unless otherwise specified, each layer of earth fill shall be compacted to a relative density of at least 90 percent.

3.8 NOT USED

3.9 CLEANING
A. Roadways and adjacent areas left in a clean, neat and finished appearance as follows: As per Section 101710 Cleaning.

4.0 PART 4 METHOD OF PAYMENT
Unless otherwise provided in the specifications of the bid, no payment will be made for structure excavation or backfill. The cost thereof shall be considered as included in the price bid for the construction or installation of the items to which such excavation or backfill in incidental or appurtenant.

Full completion for furnishing all labor, materials, tools and equipment and doing all the work involved in unclassified construction, in accordance with Section 300-2 of the Standard Specifications for Public Works Construction.

All costs involved in backfilling and grading shall be included in the prices bid for the applicable items or earthwork.

END OF SECTION

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SITE UTILITIES

1.0 PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction latest edition and any supplements.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the Plans, as specified and as necessary to complete the contract, including but not limited to these major items:

1.2 RELATED WORK
Section 02210 Earthwork & Grading
Section 02750 Irrigation System
Electrical specifications within project plan set

1.3 QUALITY ASSURANCE
A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are familiar with specified requirements and methods necessary for the proper execution of the work of this section.

2.0 PART 2 PRODUCTS

2.1 MATERIALS
A. Potable Water Line: All potable water lines downstream of water meter, shall be Schedule 40 PVC pipe with Schedule 40 PVC fittings. Size and type of pipe as per plan. Place plastic tape, imprinted with "POTABLE WATER" over all lines, or use PVC piping with factory stencil imprinted on pipe 'POTABLE WATER.'

3.0 PART 3 EXECUTION

3.1 SURFACE CONDITIONS
A. Examine the areas and conditions under which work of this section will be performed. Correct conditions detrimental to timely and proper completion of the work.

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3.2 POTABLE WATER
A. All PVC potable water lines shall be installed as shown on project drawings. The pipe shall have full bearing upon the bottom of the pipe throughout its length.

4.0 PART 4 METHOD OF PAYMENT
A. Payment for all work specified under this section shall be paid at the respective contract lump sum price or unit price as indicated and shall include all costs for installation, labor, materials, equipment, taxes, transportation costs and incidentals to accomplish the work as indicated in these Contract Documents and no additional compensation will be allowed.

END OF SECTION

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02750

IRRIGATION SYSTEM

1. PART 1 GENERAL
Application and construction procedures shall conform with requirements of the Standard Specifications for Public Works Construction, Latest Edition.

1.1 SECTION INCLUDES
A. Furnish materials, equipment and perform labor required to execute this work as indicated on the drawings, as specified and as necessary to complete the contract, including but not limited to these major items:

1. Provide product submittals

2. Irrigation control valves, master valve and control wires

3. Lateral lines and irrigation heads

4. Quick coupling valves & pipe

5. Backfill and compact all trenching

6. Provide for irrigation cover test

7. Provide 1 year guarantee

8. Provide "as-built" drawings

1.2 SUBMITTALS
A. Material List:

1. Contractor shall submit within fifteen (15) days of award of contract, a complete materials list for approval by the City prior to performing any work. Catalog data and full descriptive literature must be submitted whenever the substitution of items different than those specified is proposed. Notarized certificate must be submitted by plastic pipe and fitting manufacturer indicating that material complies with specifications, unless the piping material has been previously approved.

2. Material list shall be submitted using the following format:

Item Description Manufacturer Model No.

1. Pressure Supply Line Lasco Sch. 40

2. Lawn Head Rainbird #1804

3. etc. etc. etc.

B. "Record" Prints:

1. Record accurately on one set of blue-line prints all changes in the work constituting departures from the original contract drawings, including changes in pressure and nonpressure line locations, sprinklers and valves.

2. These prints shall be available on-site at all times and shall be reviewed by the Owner prior to work being covered.

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3. The changes and dimensions shall be recorded in a legible and workmanlike manner to the satisfaction of the Owner and Landscape Architect prior to final inspection of work, submit record prints to Landscape Architect for approval. Final product must be draftsmen quality, Contractor shall provide (2) bond prints of all "as-built" information.

4. Dimension from two permanent points of reference (buildings, monuments, sidewalks, curbs, pavement, etc.) Data to be shown on record prints shall be recorded day-to-day as the project is being installed.

5. Show locations and depths of the following items:
a. Point of connection
b. Routing of new sprinkler pressure lines (dimension maximum 100 feet along routing) c. Gate valves
d. Sprinkler control valves
e. Quick coupling valves
h. Routing of control wires
i. Irrigation heads
j. Related equipment (as may be directed)

6. Record stationing of all valves operated by the control system

1.3 INSPECTIONS
A. Inspections will be required for:

1. Pressure test of irrigation main line

2. Coverage test/System layout

3. Final inspection/start of maintenance

4. Final acceptance
B. Inspection Requests:

1. Contractor shall notify the Landscape Architect and Owner’s Representative 48 hours in advance for requesting all inspection as follows:
a. Pressure supply line installation and testing - 36 hours (1-1/2 working days) b. Coverage tests/System layout - 36 hours (1-1/2 working days) c. Final Inspection - 48 hours (two working days)

2. No inspection will commence without "record" prints. In the event the Contractor calls for an inspection without up to date "record" prints, without completing previously noted corrections, or without preparing the system for inspection, the inspection will be canceled and the Contractor back charged for the direct costs of all Owner personnel time and Consultant time lost.

C. Closing in uninspected work:

1. Do not allow or cause any of the work of this section to be covered up or enclosed until it has been inspected, tested and approved by the Landscape Architect.

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D. Coverage test:

1. When the sprinkler system is completed, Contractor shall perform a coverage test in the presence of the Landscape Architect (and Water District if necessary), to determine if the water coverage for planting areas is complete and adequate. This test must be accepted by the Landscape Architect before planting can commence.

E. Hydrostatic test:

1. Prior to the installation of any valves, all pressure lines shall be tested under a hydrostatic pressure of one-hundred-fifty (150) PSI for a period of not less than two hours, with all ends of lines capped and the line fully charged with water after all air has been expelled from the line.

2. All hydrostatic test shall be made in the presence of the Landscape Architect. No pressure line shall be backfilled until it has been inspected, tested, approved in writing, and the mainline and valve locations have been noted on the "as-built" record drawings.

3. Contractor shall furnish necessary hydrostatic force pump and all other test equipment.

1.4 TURNOVER ITEMS
A. As-Built Drawings:

1. As-Built Drawings must be approved by the Landscape Architect prior to acceptance of project.

2. The Contractor shall provide the Owner with one (1) mylar and two (2) blueprints of all asbuilt information at no extra cost. Contractor shall also provide the Owner with three (3) sets of laminated color-coded, clean, readable, zone charts for the irrigation systems, at no extra cost. Final products must be draftsman quality.

B. Operation and Maintenance Manuals:

1. Within ten (10) calendar days after substantial completion, prepare and deliver to the Landscape Architect all required descriptive materials, properly prepared in two (2) individually bound copies of the operation and maintenance manual. The manual shall describe the material installed and shall be in sufficient detail to permit operating personnel to identify, operate, and maintain all equipment. Spare parts lists and related manufacturer's information shall be included for each equipment item installed. Each complete, bound manual shall include the following information:
a. Index sheet stating Contractor's address and telephone number, including names and addresses and telephone numbers of local manufacturer's representatives. b. Complete operating and maintenance instructions on each of the following pieces of equipment:
(1) Control system components.
(2) Remote control valves.

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C. Materials to be furnished:

1. Supply as part of this contract the following items:
a. Two (2) each, or, four Percent (4%) (whichever is greater), of each type and spray pattern of sprinkler heads installed.
b. Two (2) wrenches for disassembly and adjustment of each type sprinkler head installed.
c. Two (2) couplers with a 1 inch bronze hose bib, bent nose type with hand wheel and two coupler keys.
d. One (1) valve box cover key.
e. "As-built" record drawings.

D. The above items shall be turned over to the Owner at the conclusion of the project - final inspection.

1.6 GUARANTEE
A. General:

1. The entire sprinkler system, including all work done under this contract, shall be guaranteed against all defects and fault of material and workmanship for a period of one (1) year following the filing of the Notice of Completion. All materials used shall carry a manufacturer's guarantee of one (1) year. Control equipment shall carry an installer's warranty of five (5) years.

2. Should any problem with the irrigation or control system be discovered within the guarantee period, it shall be corrected by the Contractor or installer at no additional expense to the Owner within seventy-two (72) hours of receipt of written notice from the Owner. When the nature of the repairs as determined by the Owner constitute an emergency (e.g. broken pressure line) the Owner may proceed to make repairs at the Contractor's/Installer's expense.

Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the Owner by the Contractor/Installer, all at no additional cost to the Owner.

B. Form of Guarantee:

1. Guarantee/Warranty shall be submitted on Contractor's/Installers own letterhead as follows:

GUARANTEE FOR SPRINKLER IRRIGATION SYSTEM
We hereby guarantee that the sprinkler irrigation control system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse, or neglect excepted, and that the work, materials, and equipment as installed will fulfill the requirements of the guarantee included in the specifications. We agree to repair or replace any or all of our work together with any other adjacent work which may be displaced by so doing, that may prove to be defective in its workmanship or materials within a period of one year, five years

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for the control system from the date of final acceptance of the above named project by the Owner. We shall make such repairs or replacements within seventy-two hours following written notification by the Owner.

When the immediate repair or replacement of the work is necessary to ensure the public safety and welfare, which would be endangered by continued usage of the facility, such circumstance will be deemed an operational emergency. In the event of such an emergency after the Owner contacts our firm and after authorizing twentyfour hours to initiate repairs, if we fail to initiate and diligently complete such repairs in a timely manner, the Director may direct Owner forces to perform such functions as he may deem necessary to correct the work and immediately place the facility back in operational condition. If such procedure is implemented, we shall bear all expenses incurred by the Owner. In all cases, the judgment of the Director shall be final in determining whether an operational emergency exists. In the event of our failure to make such repairs or replacements within the time specified after receipt of written notice from the Owner (other than an operational emergency), we authorize the Owner to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand.

PROJECT: _________________________________________________ SIGNED:___________________________________________________ LOCATION:_________________________________________________ ADDRESS:_________________________________________________ ____________________________________________________________ PHONE:________________________________________
After the system has been completed and fully programmed, the Control System Installer shall instruct minimum of three (3) Owner Representatives in the operation and maintenance of the system to the satisfaction of the department and shall furnish a complete set of operating instructions.

Any settling of trenches which may occur during the one-year period following acceptance shall be repaired to the Owner's satisfaction by the Contractor without any additional expense to the Owner. Repairs shall include the complete restoration of all damage to planting, paving or other improvements of any kind as a result of the work.

2. PART 2 PRODUCTS

2.1 GENERAL
A. All materials shall conform with Section 212 of the Standard Specification except as modified herein.

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2.2 PIPE AND FITTINGS
A. Pipe - General:

1. Pressure supply lines two (2) inches in diameter and up to eight (8) inches in diameter shall be Class 315 solvent weld PVC with Sch. 40 PVC fittings.

2. Pressure supply lines 1-1/2 inches in diameter and smaller shall be minimum schedule 40 PVC with Sch. 40 PVC fittings.

3. Non-pressure lines shall be minimum Sch. 40 PVC with Sch. 40 PVC fittings.

B. Steel Pipe:

1. Amend Standard Specifications Section 212-2.1.2 to read: "All steel pipe shall be hot-dipped galvanized,...", and add: "All fittings for steel pipe shall be 250 pound rated galvanized malleable iron, banded pattern. Pipe sizes indicated on the drawings are nominal inside diameter, unless otherwise noted."
C. Plastic Pipe:

1. Add the following to Standard Specifications Section 212-2.1.3: All plastic pipe shall bear the following markings: manufacturer's name, nominal pipe size, schedule or class, type of material, pressure rating in PSI, NSF seal of approval, and date of extrusion.

2. Amend Standard Specification Section 212-2.1.3 to read: All plastic pipe fittings shall be standard weight schedule 40 and shall be injection molded of an improved PVC fitting compound. All threaded plastic fittings shall have injection molded threads. No cut threads will be accepted on PVC pipe and fittings. All tees and ells shall be manufactured in injection molds that are side gated. All threaded nipples shall be standard weight schedule 80 with molded threads.

2.3 VALVES
A. Remote Control Valves and Master Valve:

1. Add the following to Standard Specifications Section 212-2.2.4: Valves shall be springloaded, self-cleaning, packless diaphragm activated, of a normally closed type.

2. Valve solenoid shall be corrosion-proof and constructed of stainless steel molded in epoxy to form one integral unite, and shall be 24 volt A.C., 2.0 watt maximum (2" and smaller valves).

3. Valve shall close against flow without chatter and with minimum closing surge pressure (minimum 5 seconds closing time per valve).

B. Quick-Coupling Valves:

1. Add the following to Standard Specifications Section 212-2.2.6: Quick coupling valves shall have locking rubber cover and shall be 1" in size.

C. Pressure reducing valve shall be Bronze in material and as shown on the plans.

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D. Gate Valves:

1. All gate valves shall be capable of withstanding a minimum working pressure of not less than 150 PSI.

E. Valve Boxes:

1. Add the following to Standard Specifications Section 212-2.2.7: All remote control valve boxes shall be rectangular plastic boxes with non-hinged locking plastic covers. Valve boxes will be branded/embossed with controller and valve circuit number on lid with two (2) inch high letters. Gate valve boxes shall be round plastic boxes with non-hinged locking plastic covers marked either "Gate Valve" or "G.V." with letters branded or embossed on the cover with two (2) inch high letters.

2.4 NOT USED

2.5 ELECTRICAL MATERIALS
A. Conduit:

1. Amend Standard Specifications Section 212-3.2.1 to read: Conduit below paving shall be schedule 40 PVC of sufficient size to carry all proposed wiring. Wiring shall be in a separate sleeve.

B. Wire:

1. Add the following to Standard Specifications Section 212-3.2.2: All common wire shall be white with a colored stripe. Stripe color shall be different for each controller installed. All control wire shall be of one color other than white or green. A different color control wire shall be used for each valve installed.

C. Electrical Service:

1. Materials for electrical service shall comply with the standard specifications, governing utility agency standards, and requirements of all applicable codes.

2.6 NOT USED

2.7 IRRIGATION HEADS
A. All irrigation heads shall be as shown on the plans and shall conform with Section 212 of the Standard Specifications.

2.8 SPRINKLER RISERS
A. All pop-up sprinklers shall have an adjustable riser assembly (triple swing joint).