San Clemente City Council
February 20, 2024

74 Minutes of the Zoning Administrator Regular Meeting October 191 2023 ends at 8:15 p.m. ZA Atamian stated that he is familiar with the area and visited the site. ZA Atamian found that there are some residences close by and recommended a Condition of Approval be added to ensure that this type of group instruction use is consistent with residential uses in the vicinity. Therefore 7.31 shall state: The applicant, including any property owners, managers or their designees shall limit operations of the group instruction use to seven days a week between the hours of 6:00 a.m. and 9:00 p.m., and shall not open the studio to patrons prior to 5:45 a.m.This additional Condition will enable the applicant flexibility to expand. Staff stated that the applicant should be amicable to that Condition of Approval. 2A Atamian noted for the record (Condition 1.3) that minor amendments or modifications can be made, depending on the potential impact on the public, can be approved by the City Planner. Expansions of use (Condition

1.9) must be heard by the Zoning Administrator.

Looking at the path of travel on the provided floor plan, ZA Atamian asked staff to clarify the tenant space which appears to reflect the chiropractic area as being reduced.Staff confirmed that the yoga studio will use part of the area where the chiropractic use was being conducted, and confirmed that all uses will be contained in one suite. Staff further confirmed that the chiropractic use encompasses amassage use by-right through the chiropractor's professional licensing.

Staff confirmed that there have been no public comments received on this project.
2A Atamian requested the title block of the Resolution to state: A

RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING MINOR CONDITIONAL
USE PERMIT 23-107, SOUL ALIGN YOGA, TO ALLOW GROUP
INSTRUCTION USE AT 300 S. EL CAMINO REAL, SUITE 202.

ZA Atamian could make the Findings in that the proposed use is conditionally permitted within the mixed-use zoning district, the proposed hours of operation are consistent with surrounding uses, and that required parking is provided on site. Therefore, the project is consistent with surrounding uses in the multi-tenant building where a fitness studio operated previously within a different suite.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Atamian determined the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Page6
75 Minutes of the Zoning Administrator Regular Meeting October 19, 2023 Action: The Zoning Administrator adopted Resolution ZA23-016, approving Minor Conditional Use Permit (MCUP) 23-107, Soul Align Yoga, 300 S. El Camino Real, Suite 202, subject to the Conditions of Approval with two additional Conditions, denoted as #7.29 to state "The Applicant shall stagger class end and start times such that no classes occur within fifteen minutes of another class to ensure that there is no overlap of parking for students between classes; and #7.31 to state "The applicant, including any property owners, managers or their designees shall limit operations of the group instruction use to seven days a week between the hours of 6:00 a.m. and 9:00 p.m., and shall not open the studio to patrons prior to 5:45 a.m."

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:41 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, November 9, 2023 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
Adam Atamian, Zoning Administrator

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, February 6, 2024
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on February 6, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Closed Session Item D(2)
Leslie Eisner, Camino Real Playhouse, commented on a potential partnership between Camino Real Playhouse and the City; urged the City to invest in arts programs.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, to recess to Closed Session at 5:04 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(a)(d) (2)
Number of Cases: 1
Facts and Circumstances: American Tower Corporation alleges breach of contract against the City for pursuing what is alleged to be enforcement action.

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1

1 Agenda Item: 10A(1)
City Council Regular Meeting Minutes February 6, 2024
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente Orange County Superior Court Case No .
30-2024-01371169-CU-WM-CXC.

C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code Section 54956.9(d)(4) Number of Cases: 1
Case Name: City of Grants Pass, Oregon v. Gloria Johnson, et. al. United States Supreme Court Case No. 23-175.

D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code Section 54956.8 regarding:

1. Real Property Negotiations: APN 678-163-01
Property: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of Vista Hermosa Sports Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: Salty Turf
Under Negotiation: Price and terms

2. Real Property Negotiations: APN 688-142-35
Property: 1030 Calle Negocio, San Clemente, CA 92672
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Camino Real Playhouse
Under Negotiations: Price and terms
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 6:00 p.m.

BUSINESS MEETING
The Business Meeting convened at 6:04 p.m., with all Councilmembers present.

INVOCATION
Communications Director, Becki Owens, Church of Jesus Christ of Latter-Day Saints, gave the invocation.

PLEDGE OF ALLEGIANCE
Eli Young led the Pledge of Allegiance.

2 City Council Regular Meeting Minutes February 6, 2024

1. Special Presentations
A. United States Army Corps of Engineers Beach Sand Project Mayor Cabral provided an update on the Beach Sand Project.

Coastal Zone Administrator Meyerhoff provided an update on the Beach Sand Project and responded to Council inquiries.

2. Oral Communications (Part 1)
Gary Giacomini, Pacifica Homeowners Association President, commented on multiple violations within the Pacifica Homeowners Association concerning outdoor lighting.

Erik McLain, San Clemente, commented on the merits of the anonymous complaints concerning lighting with in the Pacifica Homeowners Association; opined on the ordinance and anonymous complaints submitted to the City.

Carol Thurman, San Clemente, urged the City to refine its lighting ordinance; opined that the City should not permit anonymous complaints to be filed with the City.

Ruth, San Clemente, narrated a PowerPoint presentation concerning pickleball at San Gorgonio Park. A hard copy of the presentation is on file with the City Clerk.

POINT OF ORDER CARD
A Point of Order card was submitted by Ruth concerning the concept that Councilmembers can respond to public comments during the Oral Communications portion of the meeting.

Suzanne Whitelaw, Save our Beaches, narrated a PowerPoint presentation concerning current sand levels on City beaches. A hard copy of the presentation is on file with the City Clerk.

Juan Perez commented on the perimeter breach at Las Palmas Elementary School that occurred on February 6, 2024; urged action by the Council to ensure a safe environment for the children attending Las Palmas Elementary School.

Angela Watts, San Clemente, expressed concerns regarding child safety at Las Palmas Elementary School following an incident on February 6, 2024.

Donna Vidrine, Co-Chair San Clemente Homeless Collaborative, commented on the funds provided to the City of Anaheim by the County of Orange for an inclement weather shelter for homeless individuals; urged Council to open an inclement weather shelter for San Clemente's homeless.

Mike Kay urged Council to have the Army Corps of Engineers or its contractor,

3 City Council Regular Meeting Minutes February 6, 2024 Manson Construction, remove the cobble and rocks deposited on the beach; commented on the conditions of the railway and structures on San Clemente beaches.

Amanda Q commented on a recent lockdown at Las Palmas Elementary School as it relates to the response by the City.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

4. Consideration of agendizing items requiring immediate action None.

5. Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:

No reportable action concerning:

Significant exposure to litigation pursuant to Government Code Section 54956.9(a)(d) (2)
Number of Cases: 1
Facts and Circumstances: American Tower Corporation alleges breach of contract against the City for pursuing what is alleged to be enforcement action.

No reportable action concerning:

Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente Orange County Superior Court Case No .
30-2024-01371169-CU-WM-CXC.

A vote was taken and CARRIED 3-2 (Councilmember Duncan and Mayor Pro Tem Enmeier voting NOE) to initiate litigation with an amicus brief concerning:

Case Name: City of Grants Pass, Oregon v. Gloria Johnson, et. al. United States Supreme Court Case No. 23-175.

Direction given; no reportable action concerning

4 City Council Regular Meeting Minutes February 6, 2024

1. Real Property Negotiations: APN 678-163-01
Property: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of Vista Hermosa Sports Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: Salty Turf
Under Negotiation: Price and terms

2. Real Property Negotiations: APN 688-142-35
Property: 1030 Calle Negocio, San Clemente, CA 92672
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Camino Real Playhouse
Under Negotiations: Price and terms

6. Staff Communications
Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "Staff Communications" concerning recent storm damage and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

7. Consent Calendar
Public Comments
7A - City Council Minutes of January 16, 2024
Ruth, San Clemente, narrated a PowerPoint presentation concerning the January 16, 2024 agenda, minutes and staff report. A hard copy of the presentation is on file with the City Clerk.

A. City Council Minutes
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF JANUARY 16, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
NOVEMBER 28, 2023.
(2) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF JANUARY 9, 2024.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JANUARY 18,

5 City Council Regular Meeting Minutes February 6, 2024 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

APPROVE WIRE TRANSFER NOS.
2977 THROUGH 2981 AND WARRANT NOS.
593664 THROUGH 593747, PAID ON
1-5-24, IN THE AMOUNT OF $3,480,049.28
APPROVE WIRE TRANSFER NOS.
2982 THROUGH 2985 AND WARRANT NOS.
593748 THROUGH 593867, PAID ON
1-12-24, IN THE AMOUNT OF $1,081,398.88
APPROVE WARRANT NOS.
593868 THROUGH 594003, PAID ON
1-19-24, IN THE AMOUNT OF $1,190,825.17
TOTAL WARRANT REGISTER $5,752.273.33
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve:

WARRANT NO. 921 AND AUTOMATIC
DEPOSIT ADVISES 91198 THROUGH
91468, FOR THE PERIOD 12-24-23
THROUGH 1-7-24, PAID ON 1-12-24,
IN THE AMOUNT OF $470,465.68
TOTAL PAYROLL REGISTER $470,465.68

6 City Council Regular Meeting Minutes February 6, 2024 D. ORDINANCE NO. 1763 (SECOND READING) - COMMERCIAL AND

RECREATIONAL VEHICLE PARKING AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Ordinance No. 1763 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF

THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE PARKING OF

COMMERCIAL, RECREATIONAL, AND WIDE VEHICLES AND TRAILERS ON

PUBLIC PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
E. ORDINANCE NO. 1772 (SECOND READING) - REGULATING TEMPORARY

PARKLET DINING WHICH ESTABLISHES STANDARDS FOR OUTDOOR
DINING AND SUNSETS ON JULY 1, 2026
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Ordinance No. 1772 entitled AN ORDINANCE OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF

THE SAN CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY

PARKLET DINING WHICH ESTABLISHES STANDARDS FOR OUTDOOR
DINING AREAS AND SUNSETS ON JULY 1, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT SLUICE GATES REPLACEMENT (PHASE 2)
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-14, which will:

1. Accept the Water Reclamation Plant Sluice Gates Replacement (Phase 2), CIP Project No. 26212, from the contractor, Jennette Company, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Water Reclamation Plant Sluice Gates Replacement (Phase 2).

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Jennette Company, Inc.

7 City Council Regular Meeting Minutes February 6, 2024 AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
G. CONTRACT AWARD - FY 2024 PAVEMENT PRESERVATION PROGRAM,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-15 which will:

1. Find the FY 2024 Pavement Preservation Program, Project No. 24303 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2024 Pavement Preservation Program contract to Prestige Paving Company, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-05, by and between the City of San Clemente and Prestige Paving Company, Inc., providing for the FY 2024 Pavement Preservation Program, in an amount not to exceed $144,956, plus a 10% project contingency of $14,496, in a form substantially similar to Contract No. C24-05 (Attachment 4 of the Administrative Report dated February 6, 2024).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
H. CONTRACT AWARD - FY 2024 AS-NEEDED ASPHALT PAVEMENT

REPAIRS, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-16 which will:

1. Find the FY 2024 As-Needed Asphalt Pavement Repairs, Project No. 24306 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2024 As-Needed Asphalt Pavement Repairs contract to L.C.

Paving & Sealing, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-06,

8 City Council Regular Meeting Minutes February 6, 2024 by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for FY 2024 As-Needed Asphalt Pavement Repairs, in an amount not to exceed $550,000 per fiscal year, in a form substantially similar to Contract No.

C24-06 (Attachment 3 of the Administrative Report dated February 6, 2024).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
I. PURCHASE OF A VALVE MAINTENANCE UNIT AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $34,055
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-17, which will:

1. Approve the purchase of a 2024 LX VMS 750 Valve Maintenance Unit from Plumber Depot, Inc. in the amount of $132,050.59.

2. Authorize the City Manager to execute such document and take such actions necessary to complete such purchase of a 2024 LX VMS 750 Valve Maintenance Unit.

3. Authorize a supplemental appropriation in the amount of $34,055 to the Water Operating Fund, Account Number 052-463-45500 from the Water Fund balance to fund the purchase.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

8. Public Hearings
A. BILLING FOR 2023 WEED ABATEMENT PROGRAM
Public Hearing to consider all objections or protests, if any, to the costs of the abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente and to the assignment of these costs to the properties on which the abatement was completed.

Mayor Cabral opened the Public Hearing.

Code Compliance Manager Sorahan reviewed the contents of the Administrative Report and responded to Council inquiries.

There being no one desiring to speak, the Public Hearing was closed.

Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to:

9 City Council Regular Meeting Minutes February 6, 2024 Adopt Resolution No. 24-18, which will:

1. Waive the City’s notification costs for the compliant property owners.

2. Approve the Weed Abatement Report.

3. Authorize the Weed Abatement Contract Administrator to bill the amounts indicated in the report to the appropriate property owners.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

9. Unfinished Business
A. REVIEW OF THE CITY’S SELF-INSURED LIABILITY PROGRAM REPORT

WITH INFORMATION ON VARIOUS SELF-INSURED RETENTION LEVELS Human Resources Analyst/Risk Manager Dutra reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to receive and file the Administrative Report dated February 6, 2024 and on file with the City Clerk.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. CONSIDERATION OF AFFIRMING PREVIOUS AMENDMENTS TO POLICY 1201-11 (CITY COUNCIL MEETING AND OPERATING PROCEDURES)

CONCERNING ALLOWING PUBLIC COMMENTS ON THE CONSENT

CALENDAR PRIOR TO CITY COUNCIL VOTING ON THE CONSENT

CALENDAR AND CONSIDERATION OF MOVING THE CONSENT CALENDAR Amanda Q narrated a Powerpoint presentation entitled "Any Items". A hard copy of the presentation is on file with the City Clerk.

Ruth, San Clemente, narrated a PowerPoint presentation concerning public comments. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Duncan, second by Councilmember Loeffler, CARRIED 5-0, to:

1. Adopt Resolution No. 24-13, which would affirm modifications to Sections

4.4.4 and 4.5.8 of City Council Meeting and Operating Procedures Policy 1201- 11 to clarify that the public shall be allowed a total of three (3) minutes to comment on the Consent Calendar as one agenda item prior to the City Council

10 City Council Regular Meeting Minutes February 6, 2024 voting on the Consent Calendar as a whole and that if a member of the City Council or staff pulls a matter off the Consent Calendar, the matter would be treated as a separate agenda item with additional public comment.

2. Authorize, and direct staff to administratively change Policy 1201-11 so that the Consent Calendar is heard at the end of the meeting, instead of the beginning, and to publish the updated Policy on the City’s website without the need for staff to return to City Council with a formal resolution.

3. Revise Policy 1201-11 language on page 6 to read as follows:

At the beginning of the Consent Calendar, the City Clerk will notify the Mayor or meeting Chair of any public comments related to the Consent Calendar.

Speakers will be allotted 3 minutes to speak on each item (sub-items) on the Consent Calendar. After public comments, if any, are heard the City Council will vote on the Consent Calendar as one item.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

10. New Business
A. CONTRACT AWARD - MONTALVO AND RIVIERA PEDESTRIAN BRIDGES

COATING REPLACEMENT
Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-19, which will:

1. Award the Montalvo and Riviera Pedestrian Bridges Coating Replacement Project, CIP Project No. 23802, construction contract to Harbor Coating & Restoration, as the lowest responsible and responsive bidder.

2. Approve, and authorize the City Manager to execute, Contract No. C24-07, by and between the City of San Clemente and Harbor Coating & Restoration, providing for the Montalvo and Riviera Pedestrian Bridges Coating Replacement, in the amount of $539,890, and a 15% project contingency of $81,000, in a form substantially similar to Contract No. C24-07 (Attachment 4).

3. Approve a 15% project contingency of $81,000.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

11 City Council Regular Meeting Minutes February 6, 2024 B. CONSIDERATION OF A RESOLUTION IN OPPOSITION TO ASSEMBLY CONSTITUTIONAL AMENDMENT 13 REGARDING VOTING THRESHOLDS Donna Vidrine, San Clemente, spoke in opposition to proposed Resolution No. 24-20.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 3-2 (Councilmember Duncan and Mayor Pro Tem Enmeier voting NOE), to adopt Resolution No. 24-20 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING ASSEMBLY CONSTITUTIONAL AMENDMENT 13 (VOTING THRESHOLDS).

AYE: Knoblock, Loeffler and Mayor Cabral
NOE: Duncan and Enmeier
C. CONSIDERATION OF A RESOLUTION IN OPPOSITION TO ASSEMBLY CONSTITUTIONAL AMENDMENT 1
Donna Vidrine, San Clemente, spoke in opposition to proposed Resolution No. 24-21.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 3-2(Councilmember Duncan and Mayor Pro Tem Enmeier voting NOE), to adopt Resolution No. 24-21 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING ASSEMBLY CONSTITUTIONAL AMENDMENT 1.

AYE: Knoblock, Loeffler and Mayor Cabral
NOE: Duncan and Enmeier
D. CAMPAIGN CONTRIBUTION LIMITS
Ruth, San Clemente, questioned why campaign contribution limit Administrative Reports are repeatedly agendized by Council; questioned why authors are not listed on Administrative Reports.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, to table consideration of amending campaign contribution limits.

Substitute motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, FAILED 2-3 (Councilmember Loeffler, Councilmember Knoblock and Mayor Cabral voting NOE) to reduce the campaign contribution limit to $1000 and direct staff to return to Council with an ordinance to reflect the change in campaign contribution limits and potential enforcement mechanisms for violations.

AYE: Duncan and Enmeier
NOE: Knoblock, Loeffler and Mayor Cabral

12 City Council Regular Meeting Minutes February 6, 2024 The original motion by Councilmember Knoblock, second by Councilmember Loeffler, was considered and CARRIED 4-1 (Mayor Pro Tem Enmeier voting NOE) to table consideration of amending campaign contribution limits AYE: Duncan, Knoblock, Loeffler and Mayor Cabral
NOE: Enmeier

11. Oral Communications (Part 2)
None.

12. Future Agenda Items
Sand Compatibility and Opportunistic Use Program (SCOUP) Permit Councilmember Knoblock, with the support of Mayor Pro Tem Enmeier, Councilmember Loeffler and Mayor Cabral, agendized consideration of the City pursuing/obtaining it’s own Sand Compatibility and Opportunistic Use Program (SCOUP) Permit.

Bluff Protection
Councilmember Knoblock, with the support of Mayor Cabral and Councilmember Loeffler agendized consideration of an Ordinance concerning bluff protection and drainage restrictions.

Coastal Advisory Committee Meeting Schedule
Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler and Councilmember Duncan, agendized consideration of modifying the meeting schedule for the Coastal Advisory Committee. The report is to include potential impacts to staff and any constraints on the committee forming subcommittees.

Inclement Weather Homeless Shelter
Mayor Pro Tem Enmeier with the support of Councilmember Loeffler directed the Homeless subcommittee to research inclement weather options/current practices for San Clemente’s homeless and report back to the Council on findings.

Las Palmas Elementary Security Concerns
Mayor Pro Tem Enmeier to have a meeting with CUSD on behalf of the Council concerning Las Palmas Elementary fencing and security and provide an update to Council.

13 City Council Regular Meeting Minutes February 6, 2024

13. Reports
A. Commissions and Committees
(1) VACANCY ON THE HUMAN AFFAIRS COMMITTEE
Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to:

1. Accept Jill Schachter’s resignation with regret.

2. Direct Staff to advertise for the vacancy on the Human Affairs Committee when the City advertises for vacancies on all Commissions and Committees in May of this year.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Council Subcommittee Updates
None.

C. Council Members
Coastal Cities Working Group
Mayor Pro Tem Enmeier reported that he was appointed to the Coastal Cities Group Leadership Committee with Cal Cities and will be participating in the first quarterly forum on February 21, 2024, reviewing the Ocean Protection Council's draft for sea level rise guidance.

Conference Attendance
Councilmember Knoblock reported his attendance at the Vector Control District Conference as well as his attendance at the Cal Cities Conference.

Mayor Cabral reported his attendance at the Cal Cities Conference.

Pickleball Enforcement at San Gorgonio Park
Councilmember Knoblock requested that there be increased enforcement at San Gorgonio Park concerning pickleball being played outside of permitted hours.

D. City Attorney
None.

E. City Manager
None.

14 City Council Regular Meeting Minutes February 6, 2024

14. Adjournment
Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to adjourn at 8:45 p.m. The next Regular Meeting will be held on February 20, 2024. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

15 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: February 20, 2024 Agenda Item: 10D
Submitted By: Public Works
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO U.S.

BUILDERS AND CONSULTANTS, INC. FOR FOUR LIFEGUARD TOWERS REPLACEMENT (2024), CIP PROJECT NO. 22104, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN THE AMOUNT OF $288,800, AND APPROVING A SUPPLEMENTAL APPROPRIATION ..body RELATED THERETO
Fiscal Impact:

The estimated construction cost of $340,800 to replace four lifeguard towers is funded from the General Fund, Lifeguard Towers Replacement (2024), Account No. 001-641-45700-000-22104.

The current account balance is $254,267. In order to complete the replacement of four towers, a supplemental appropriation in the amount of $86,533 from the General Fund into the project account is being requested.

As a further fiscal note, funding for the replacement of nine lifeguard towers has been phased over several fiscal years, historically in the amount of $100,000 per year. If the requested supplemental appropriation of $86,533 is approved by the City Council for the immediate replacement of four Lifeguard Towers, staff recommends deferring any additional funding allocation until Fiscal Year 2025/2026.

Summary:

The City Council is being asked to consider the approval of a construction contract with U.S.

Builders and Consultants, Inc. for the replacement of four Lifeguard Towers at an estimated total cost of $340,800 which includes a 10% project contingency. In order to fund the replacement of the towers from the account established for that purpose, a supplemental appropriation in the amount of $86,533 is necessary.

Background:

The beaches in San Clemente accommodate approximately 2.6 million visitors each year. The Marine Safety Department is responsibility for the provision of visitor safety and water related lifeguard services. To maintain and enhance emergency response, Lifeguard Towers are utilized by staff for improved visibility and containment of safety equipment. Currently, lifeguards utilize 11 towers, ten wooden and one fiberglass, of which, nine are nearing the end of their useful life.

Staff is recommending the new towers be constructed from wood due to staff preference, improved safety, and challenges with obtaining replacement parts for fiberglass towers. Funding for the replacement of the towers has been recommended at $100,000 per year as shown in the City’s Capital Improvement Program and a total of $300,000 has been approved since fiscal year 2022.
1 Meeting Date: February 20, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
The Marine Safety Department has determined that four towers need to be replaced in the very near future. Staff prepared a bid package for the replacement of the four Lifeguard Towers plus three alternate towers, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Five bids were received on November 28, 2023, ranging from $141,200 to $749,405 for the Base Bid and from $98,250 to $471,811 for the three alternate bid items. The results are presented on the attached Bidders’ Listing
(Attachment 2). The lowest bidder was Tony Cossi Construction of San Diego, California, at $141,200 for the base bid. While local contractors were notified of the bid advertising, no local contractors submitted a bid.

Shortly after the bid opening, on December 3, 2023, Tony Cossi Construction notified the City that it was withdrawing its bid pursuant to Public Contract Code section 5103 because of a mistake that they made while filling out the bid forms (they had transposed numbers from the estimate to the bid sheet). Therefore, staff recommends awarding the contract to the next lowest bidder for the base bid, U.S. Builders and Consultants, Inc., in the amount of $288,800.

Based on the second lowest base bid (i.e. four towers), the estimated construction cost for this project is as follows:

Construction Contract $288,800
Contingency (10%) 28,900
Construction Management/Inspection 23,100
Total Estimated Construction Cost $340,800
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk’s office. With actual bid prices received, a supplemental appropriation in the amount of $86,533 from the General Fund into Account No. 001-641- 45700-000-22104 is necessary to fund the project at this time.

However, this action will allow the next allocation of $100,000 into the account to be delayed for fiscal year 2024-2025 with the next allocation scheduled for fiscal year 2025-2026.

Council Options:
 Adopt Resolution No. 24-24 (Attachment 4) approving a supplemental appropriation in the amount of $86,533 from the General Fund into Account No. 001-641-45700-000-22104; awarding a construction contract to U.S. Builders and Consultants, Inc. for implementation of the four Lifeguard Towers Replacement CIP project (2024); authorizing the City Manager to 2 Meeting Date: February 20, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
execute a construction contract in an amount of $288,800; and approving a 10% project contingency of $28,900.
 Modify and adopt Resolution No. 24-24.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-24 and put the project on hold.

Environmental Review/Analysis
This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the same site as the towers replaced and will have substantially the same purpose and capacity.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-24, which will:
..recommendation

1. Approve a supplemental appropriation in the amount of $86,533 from the General Fund into Account No. 001-641-45700-000-22104;

2. Award the Lifeguard Towers Replacement (2024), CIP Project No. 22104, construction contract to U.S. Builders and Consultants, Inc. as the lowest responsible and responsive bidder;

3. Authorize the City Manager to execute a construction contract with U.S. Builders and Consultants, Inc. in the amount of $288,800, in a form substantially similar to Contract No.

C24-08 (Attachment 3); and

4. Approve a 10% project contingency of $28,900.
..recommendation
..end
Attachment:

1. Location Map

2. Bidders’ Listing

3. Draft Contract

4. Resolution 24-24
Notification:

All Bidders
3 4
PROJ E=..:C:::....T--:-::::;-- ...

LOCATIONS
City of San Clemente
Bid Results for Project LIFEGUARD TOWERS REPLACEMENT (FY 2024) (PN 22104)Issued on 10/19/2023Bid Due on November 28, 2023 2:00 PM (PST) Vendor Name Address City State Zip Base Bid Amount Alternate Bid Amount Base Bid + Alternate Bid Tony Cossi Construction 6426 Medio St. San Diego CA 92114 $141,200.00 $98,250.00 $239,450.00 U.S. Builders & Consultants 126 Desert Lotus Irvine CA 92618 $288,800.00 $220,000.00 $508,800.00At Your Service Construction & Energy I 18034 Ventura Blvd., Unit #655Encino CA 91316 $330,000.00 $185,000.00 $515,000.00 Thompson General Construction 1902 Wright Place, Suite 200 Carlsbad CA 92008 $432,000.00 $302,000.00 $734,000.00 Kaptive Construction & Preservation 700 S Flower Street Los AngelesCA 90017 $749,404.80 $471,811.20 $1,221,216.00 $WWDFKPHQW
5 ?

 6(&7,21
&2175$&7
6(&7,21
&2175$&7
7+,6&2175$&7LVPDGHWKLVBBBBBGD\RIBBBBBBBBBLQWKH&RXQW\RI2UDQJH6WDWH RI &DOLIRUQLD E\ DQG EHWZHHQ WKH &LW\ RI 6DQ &OHPHQWH KHUHLQDIWHU FDOOHG &LW\ DQG 86%XLOGHUVDQG&RQVXOWDQWV,QFKHUHLQDIWHUFDOOHG&RQWUDFWRU &LW\DQGWKH&RQWUDFWRU IRUWKH FRQVLGHUDWLRQVVWDWHGKHUHLQDJUHHDVIROORZV

$57,&/( 6&23( 2) :25. 7KH &RQWUDFWRU VKDOO SHUIRUP DOO :RUN ZLWKLQ WKH WLPH VWLSXODWHGWKHFRQWUDFWDQGVKDOOSURYLGHDOOODERUPDWHULDOVHTXLSPHQWWRROVXWLOLW\VHUYLFHVDQG WUDQVSRUWDWLRQ WR FRPSOHWH DOO RI WKH :RUN UHTXLUHG LQ VWULFW FRPSOLDQFH ZLWK WKH &RQWUDFW 'RFXPHQWVDVVSHFLILHGLQ$UWLFOHEHORZIRUWKHIROORZLQJ3URMHFW 
/,)(*8$5'72:(565(3/$&(0(17
)<
31
$WDPLQLPXPWKH%DVH%LGVFRSHRIZRUNZLOOEHSHUIRUPHGSOXVWKH$OWHUQDWH%LG,WHPVDZDUGHG DVLQGLFDWHGEHORZ
$OWHUQDWH1RWDZDUGHG
$OWHUQDWH±1RWDZDUGHG
$OWHUQDWH±1RWDZDUGHG
7KH&RQWUDFWRUDQGLWVVXUHW\VKDOOEHOLDEOHWR&LW\IRUDQ\GDPDJHVDULVLQJDVDUHVXOWRIWKH &RQWUDFWRU¶VIDLOXUHWRFRPSO\ZLWKWKLVREOLJDWLRQ
$57,&/( 7,0()25&203/(7,217KH:RUNVKDOOEHFRPPHQFHGRQWKHGDWHVWDWHGLQ &LW\¶V1RWLFHWR3URFHHG7KHILUVWWZRWRZHUVPXVWEHGHOLYHUHGWRWKHVLWHDQGIXOO\DVVHPEOHG ZLWKLQ
FDOHQGDUGD\VIURPWKHFRPPHQFHPHQWGDWHVSHFLILHGLQWKHZULWWHQQRWLFHWRSURFHHG 7KHUGDQGWKWRZHUVPXVWEHGHOLYHUHGWRWKHVLWHDQGIXOO\DVVHPEOHGZLWKLQFDOHQGDUGD\V IURP WKH FRPPHQFHPHQW GDWH VSHFLILHG LQ WKH ZULWWHQ 1RWLFH WR 3URFHHG  $Q DGGLWLRQDO  FDOHQGDUGD\VDUHDOORZHGIRUGHOLYHU\DVVHPEO\RIHDFKDGGLWLRQDOWRZHUDZDUGHGDV$OWHUQDWH %\LWVVLJQDWXUHKHUHXQGHU&RQWUDFWRUDJUHHVWKHWLPHIRUFRPSOHWLRQVHWIRUWKDERYHLVDGHTXDWH DQGUHDVRQDEOHWRFRPSOHWHWKH:RUN
$57,&/( &2175$&735,&(&LW\VKDOOSD\WRWKH&RQWUDFWRUDVIXOOFRPSHQVDWLRQIRUWKH SHUIRUPDQFHRIWKH&RQWUDFWVXEMHFWWRDQ\DGGLWLRQVRUGHGXFWLRQVDVSURYLGHGLQWKH&RQWUDFW 'RFXPHQWV DQG LQFOXGLQJ DOO DSSOLFDEOH WD[HV DQG FRVWV WKH VXP RI7ZR +XQGUHG (LJKW\ (LJKW 7KRXVDQG (LJKW +XQGUHG 'ROODUV 
 3D\PHQWVKDOO
EHPDGHDVVHWIRUWKLQWKH*HQHUDO&RQGLWLRQV
$WDQ\WLPHGXULQJWKHWHUPRIWKH&RQWUDFW&LW\PD\SXUVXDQWWRWKHWHUPVDQGSURYLVLRQVRIWKH &RQWUDFW'RFXPHQWVUHTXHVWWKDWWKH&RQWUDFWRUSHUIRUPDGGLWLRQDOZRUN&RQWUDFWRUVKDOOQRW SHUIRUP QRU EH FRPSHQVDWHG IRU DGGLWLRQDO ZRUN ZLWKRXW ZULWWHQ DXWKRUL]DWLRQ IURP WKH &LW\ SXUVXDQWWRWKHWHUPVDQGSURYLVLRQVRIWKH&RQWUDFW'RFXPHQWV $57,&/( /,48,'$7(' '$0$*(6($5/< &203/(7,21 ,1&(17,9(  ,Q DFFRUGDQFH ZLWK*RYHUQPHQW&RGHVHFWLRQ
LWLVDJUHHGWKDWWKH&RQWUDFWRUZLOOSD\&LW\WKHVXPRI $WWDFKPHQW
6 SECTION 00500

CONTRACT
55452.01510\32905704.2
32 SECTION 00500

CONTRACT
$800 for each and every calendar day of delay, for each tower, which is beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
$57,&/( &20321(173$5762)7+(&2175$&7The “Contract Documents” include the following:/
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
'HVLJQDWLRQRI6XEFRQWUDFWRUV
,QIRUPDWLRQ5HTXLUHGRI%LGGHUV
Non-Collusion Declaration form
,UDQ&RQWUDFWLQJ$FW&HUWLILFDWLRQ
3XEOLF:RUNV&RQWUDFWRU5HJLVWUDWLRQ&HUWLILFDWLRQ
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
$57,&/( 3529,6,2165(48,5('%</$:Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. $57,&/( ,1'(01,),&$7,21Contractor shall provide indemnification as set forth in the General Conditions.
$57,&/( 35(9$,/,1*:$*(6Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Office of 7 SECTION 00500

CONTRACT
55452.01510\32905704.2
33 SECTION 00500

CONTRACT
City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
,1:,71(66:+(5(2), the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. &,7<2)6$1&/(0(17(
By:________________________________
$77(67
Its:_______________________________
______________________________ Dated: ____________________, 20_____ CITY CLERK of the City of
San Clemente, California
$33529('$672)250

____________________________ 86%XLOGHUVDQG&RQVXOWDQWV,QF Elizabeth A. Mitchell, City Attorney (“CONTRACTOR”)
$33529('$672$9$,/$%,/,7<
2))81',1*

By:_____________________________
 0RKDPHG$OPDOODK
Its:BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
BBBBBBBBBBBBBBB
Date:_____________________________ ______________________________ Finance Authorization
(1'2)&2175$&7
&KLHI([HFXWLYH2IILFHU&KLHI)LQDQFLDO
2IILFHU6HFUHWDU\
8 55452.01510\32905704.2
1 SECTION 00100

NOTICE INVITING BIDS
6(&7,21
127,&(,19,7,1*%,'6
LIFEGUARD TOWERS REPLACEMENT (FY 2024)
Project No. 22104
 1RWLFH Public notice is hereby given that the City of San Clemente (“City”) will receive electronic bids for the following project:
/LIHJXDUG7RZHUV5HSODFHPHQW
)<
3URMHFW1R
 %LG 2SHQLQJ 'DWH Electronic bids must be submitted prior to 2:00 p.m. on Thursday, November 16, 2023, on the City’s PlanetBids System Vendor Portal, at which time or thereafter bids will be opened and made available online. Bids received after this time will be considered non-responsive. Prospective bidders must first register as a vendor and then bid on this project via the City’s PlanetBids System Vendor Portal website at www.sanclemente.org/vendorbids  3URMHFW 6FRSH RI:RUN
 This project involves the replacement of lifeguard towers as reflected in the project plans and technical specifications. The Contractor shall build new lifeguard towers and deliver to the site in the size and quantity shown on the plans and specifications.
 &RQWUDFW7LPH
The first two towers must be delivered to the site and fully assembled within 90 calendar days from the date specified in the written Notice to Proceed. The 3rd and 4th towers must be delivered to the site and fully assembled within 120 calendar days from the date specified in the written Notice to Proceed. An additional 15 working days are allowed for delivery/assembly of each additional tower awarded as Contract Alternate Bid Items.  /LFHQVHDQG5HJLVWUDWLRQ5HTXLUHPHQWV
 6WDWH/LFHQVH Pursuant to California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid California contractor’s license for the following classification(s): Class “B” or “C-5”. Failure to possess the specified license(s) at the time of bid opening shall render the bid as non-responsive and shall act as a bar to award the contract to that non-responsive bidder.
 'HSDUWPHQWRI,QGXVWULDO5HODWLRQV5HJLVWUDWLRQ Pursuant to California Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations (“DIR”). No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project.
 &LW\%XVLQHVV/LFHQVHPrior to the Notice to Proceed for this contract, the Contractor shall possess a valid City of San Clemente business license. 9 SECTION 00100

NOTICE INVITING BIDS
55452.01510\32905704.2 2 SECTION 00100

NOTICE INVITING BIDS
 &RQWUDFW'RFXPHQWV Bid documents, including instructions to bidders, bidder proposal form, and specifications (not including other documents incorporated by reference) may be downloaded, at no cost, from the City’s PlanetBids System Vendor Portal website at www.sanclemente.org/vendorbids. Bidders must first register as a vendor on the City of San Clemente PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued.

 %LG3URSRVDODQG6HFXULW\

7.1. %LG 3URSRVDO )RUP No bid will be received unless it is made on a proposal form furnished by the City.

7.2. %LG6HFXULW\ Each bid proposal must be accompanied by security in the form of cash, certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the total bid amount. Personal checks or company checks are not acceptable forms of bid security. All certified and cashier’s checks must be drawn on a responsible bank doing business in the United States and shall be made payable to THE CITY OF SAN CLEMENTE. Bid bonds must be issued by a surety company licensed to do business in the State of California and must be made payable to THE CITY OF SAN CLEMENTE.

For electronic submittal of bids, the bid security must be received at the City of San Clemente Public Works office, 910 Calle Negocio, Suite 100, San Clemente, CA 92673 within 24 hours of the bid opening date and time (excluding weekends and holidays). Bids not accompanied by the required bid security will be rejected. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows:
2)),&,$/%,'6(&85,7<'212723(1
3URMHFW1DPH
/LIHJXDUG7RZHUV5HSODFHPHQW
)<

3URMHFW%LG

%LG2SHQLQJ'DWH
%\
30RQ7KXUVGD\1RYHPEHU
The bid security shall serve as a guarantee that the bidder will enter into a contract. Such guarantee shall be forfeited should the bidder to whom the contract is awarded fail to enter into the contract within 15 calendar days after written notification that the contract has been awarded to the successful bidder.
 3UHYDLOLQJ:DJH5HTXLUHPHQWV

8.1. *HQHUDO This project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

8.2. 5DWHV Prevailing rates are available online at www.dir.ca.gov/DLSR and also available at the City of San Clemente Public Works Department Office at 910 Calle Negocio, San Clemente, CA 92673. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.
10 SECTION 00100

NOTICE INVITING BIDS
55452.01510\32905704.2 3 SECTION 00100

NOTICE INVITING BIDS

8.3. &RPSOLDQFH0RQLWRULQJ Pursuant to California Labor Code Section 1771.4, all bidders are hereby notified that this project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

 5HWHQWLRQ Pursuant to the contract for this project, five percent (5%) of each progress payment will be retained as security for completion of the balance of the work.

Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted pursuant to California Public Contract Code Section 22300. Refer to the contract for further clarification.
3HUIRUPDQFHDQG3D\PHQW%RQGV The successful bidder, simultaneously with execution of the contract, will be required to provide Faithful Performance and Labor and Material Payment Bonds, each in the amount of one hundred percent (100%) of the contract amount. Bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.
3UH%LG 0HHWLQJ A Mandatory pre-bid meeting will be held for this bid solicitation on Thursday, November 2, 2023 at 1:30 P.M. at the Marine Safety Headquarters (620 Avenida Del Mar, San Clemente, CA). Refer to the Instructions to Bidders section on how to submit any pre-bid questions.
%UDQG1DPHVDQG6XEVWLWXWLRQRI³2U(TXDO´0DWHULDOV Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.

,QVWUXFWLRQV WR %LGGHUV Additional and more detailed information is provided in the Instructions to Bidders, which should be carefully reviewed by all bidders before submitting a Bid Proposal.

14. 4XHVWLRQV All questions related to this bid solicitation must be submitted through the City’s PlanetBids System Vendor Portal per the information provided in the Instructions to Bidders.

Any other contact to City staff regarding this bid solicitation will be referred back to the PlanetBids system.

THE CITY OF SAN CLEMENTE RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS, TO

AWARD ALL OR ANY INDIVIDUAL PART/ITEM OF THE BID, AND TO WAIVE ANY

INFORMALITIES, IRREGULARITIES OR TECHNICAL DEFECTS IN SUCH BIDS OR IN THE BIDDING PROCESS. ANY CONTRACT AWARDED WILL BE LET TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER AS DETERMINED FROM THE BASE BID.

Dated October 10, 2023.

City of San Clemente Public Works Department
910 Calle Negocio
11 SECTION 00100

NOTICE INVITING BIDS
55452.01510\32905704.2 4 SECTION 00100

NOTICE INVITING BIDS
San Clemente, CA 92673
(1' 2) 127,&( ,19,7,1* %,'6
12 55452.01510\32905704.2
5 SECTION 00200

INSTRUCTIONS TO BIDDERS
6(&7,21
,16758&7,21672%,''(56
 $9$,/$%,/,7<2)&2175$&7'2&80(176
Contract documents (excluding documents incorporated by reference) may be downloaded, at no cost, from the City’s PlanetBids System Vendor Portal website at www.sanclemente.org/vendorbids. Bidders must first register as a vendor on the City of San Clemente PlanetBids system to view and download the Contract Documents, to be added to the prospective bidders list, and to receive addendum notifications when issued.  (;$0,1$7,212)&2175$&7'2&80(176
City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.
 ,17(535(7$7,212)&2175$&7'2&80(176
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of City by submission of a written request for an interpretation or correction to City. Such submission, if any, must be submitted no later than 
 SP RQ 7XHVGD\ 1RYHPEHU  . Any inquiries received after this deadline will not be accepted. All questions related to this bid solicitation must be submitted through the City’s PlanetBids System Vendor Portal. Phone calls and faxes will not be accepted.

If the City determines that the point in question is substantive and is not clearly and fully set forth in the Contract Documents, the City will issue a written addendum clarifying the matter which will be posted on the City’s PlanetBids System Vendor Portal website at www.sanclemente.org/vendorbids. Any interpretation of the Contract Documents will be made only by written addenda posted on the City’s PlanetBids system. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.
 $''(1'$
Substantive City changes to the requirements contained herein will be made by written addendum to this Invitation for Bids. Any written addenda issued pertaining to this Invitation for Bids will be posted on the City’s PlanetBids System Vendor Portal website at www.sanclemente.org/vendorbids, and will be incorporated into the terms and conditions of any resulting 13 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 6 SECTION 00200

INSTRUCTIONS TO BIDDERS
Purchase Order and/or Contract as appropriate. The City shall not be bound to any modifications to or deviations from the requirements set forth in this Invitation for Bids as the result of oral instruction or communication.

Pursuant to Public Contract Code Section 4104.5, if City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, City will extend the deadline for submission of bids. City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date.  $/7(51$7(%,',7(06
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, City may choose to award the contract on the basis of the base bid alone or the base bid plus any alternate or combination of alternates. The time required for completion of the base bid and any alternate bid items awarded has been factored into the Contract Time. City may elect to award one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
 &203/(7,212)%,')2506
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, A TYPEWRITER, OR

ELECTRONIC FORMS WITH COMPUTER-FILLABLE FORM FIELDS (IF PROVIDED BY THE CITY) IS REQUIRED. Deviations in the bid form may result in the bid being deemed nonresponsive.  02',),&$7,2162)%,'6
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.  '(6,*1$7,212)68%&2175$&7256
Pursuant to State law, the Bidders must designate the name, license number, and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds one half of one percent (1/2%) of the Bidder’s Total Bid Price. 14 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 7 SECTION 00200

INSTRUCTIONS TO BIDDERS

 /,&(16,1*5(48,5(0(176
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.

Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.

The Contractor and all subcontractors must also obtain a valid City of San Clemente Business License and maintain a valid City Business License during the entire time that work is being performed under the contract. Information about obtaining a City business license is available via Internet at www.san-clemente.org/i-am-a-/business/business-license, by email to [email protected] or phone call to (949) 361-6166. Evidence of a valid City business license must be provided at the time specified in Section 19 of these instructions.  6,*1,1*2)%,'6
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venture or partner appointing and designating one of the joint ventures or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venture or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venture or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venture or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.

The Bid shall be executed by the designated joint venture or partner on behalf of the joint venture or partnership in its legal name.
 %,'*8$5$17((
6(&85,7<

Each bid shall be accompanied by security in the form of: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. All certified and cashier’s checks must be drawn on a responsible bank doing business in the United States and shall be made payable to The City of San Clemente. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The bid security shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result 15 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 8 SECTION 00200

INSTRUCTIONS TO BIDDERS
in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

For electronic submittal of bids, the bid security must be received at the City of San Clemente Public Works office, 910 Calle Negocio, San Clemente, CA 92673 no later than the bid opening date and time. The bid security must be submitted in a sealed envelope bearing the name and address of the bidder, and the outside of the envelope must read as follows:

OFFICIAL BID SECURITY - DO NOT OPEN
Project Name: Lifeguard Towers Replacement (FY 2024)
Bid Opening Date: November 16, 2023
 68%0,66,212)6($/('%,'6
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials in an envelope, sealed, addressed and delivered or mailed, postage prepaid to City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the Internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein. The envelope shall also contain the following in the lower left-hand corner thereof:

Bid of (Bidder’s Name)
for the LIFEGUARD TOWERS REPLACEMENT (FY 2024)
Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City’s designated methods for delivery.

Bids will only be received electronically through the City’s PlanetBids System Vendor Portal website at www.san-clemente.org/vendorbids. Bids will not be accepted after the specified Bid Opening date and time. The Bidder shall have the sole exclusive responsibility for ensuring that a Bid is received by the specified Bid Opening date and time. For technical support with the electronic bidding system, please click the red question mark from any PlanetBids screen to be directed to the technical support help desk.
 '(/,9(5<$1'23(1,1*2)%,'6
Bids will only be received electronically through the City’s PlanetBids System Vendor Portal website at www.san-clemente.org/vendorbids. Bids will not be accepted after the specified Bid Opening date and time. The Bidder shall have the sole exclusive responsibility for ensuring that a Bid is received by the specified Bid Opening date and time. For technical support with the electronic bidding system, please click the red question mark from any PlanetBids screen to be directed to the technical support help desk.
16 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 9 SECTION 00200

INSTRUCTIONS TO BIDDERS
 :,7+'5$:$/2)%,'
Any Bidder may personally withdraw his Bid from the City’s PlanetBids system prior to the bid opening date and time stated in the Notice Inviting Bids. Any request to withdraw a bid after bid opening shall meet all requirements of Public Contract Code section 5100 et seq. and must be submitted in writing within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail the mistake.
 %$6,62)$:$5'
%$/$1&('%,'6
City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. City may reject any Bid which, in its opinion when compared to other bids received or to City’s internal estimates, does not accurately reflect the cost to perform the Work. City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.  ',648$/,),&$7,212)%,''(56
,17(5(67,1025(7+$121(%,'
No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a sub proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub proposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit sub proposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.
 ,1685$1&(5(48,5(0(176
The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.
 $:$5'352&(66
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply City with all of the required documents and certifications. The City will issue a Notice to Proceed on or after the pre-construction meeting. 
 ),/,1*2)%,'3527(676
Bidders may file a “protest” of a Bid with City’s Public Works Director/City Engineer In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing no later than 5:00 p.m. on the third (3rd) business day after the bid opening date;
B. Clearly identify the specific irregularity or accusation; 17 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 10 SECTION 00200

INSTRUCTIONS TO BIDDERS
C. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
D. Include all relevant, supporting documentation with the protest at time of filing.

E. Include verification that the party filing the protest has concurrently transmitted a copy of the protest to the apparent low bidder.

F. Be signed and submitted under penalty of perjury under the laws of the State of California.

If the protest does not comply with each of these requirements, it may be rejected without further review.

If the protest is valid, the City will review the basis of the protest and relevant information prior to formal award of the bid. The City will not be required to hold an administrative hearing to consider a timely protest, but may do so at its sole option, or if otherwise legally required. The City has the sole authority to issue a final determination on all bid protests.

The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

Nothing in this section shall be construed as a waiver of the City’s right to reject any and all bids, to award any or all individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids.
 :25.(56&203(16$7,21
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.  68%67,787,212)6(&85,7<
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
 35(9$,/,1*:$*(6
City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at the Office of City Clerk or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s). 18 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 11 SECTION 00200

INSTRUCTIONS TO BIDDERS
 '(%$50(172)&2175$&7256$1'68%&2175$&7256
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
 ,5$1&2175$&7,1*$&7&(57,),&$7,21
For bids of one million dollars ($1,000,000) or more, each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. as provided with the Bid Documents.
 38%/,&:25.6&2175$&7255(*,675$7,21&(57,),&$7,21 Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
 3(5)250$1&(%21'$1'3$<0(17%21'5(48,5(0(176
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to City four identical counterparts of the Performance Bond and Payment Bond in the form supplied by City and included in the Contract Documents. Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Bid Price.
 5(48(67)2568%67,787,216
The successful bidder shall comply with the substitution request procedures set forth in the Bid and Contract Documents. Any deadlines for substitution requests that occur prior to the bid opening date are set forth in the Special Conditions.
19 SECTION 00200

INSTRUCTIONS TO BIDDERS
55452.01510\32905704.2 12 SECTION 00200

INSTRUCTIONS TO BIDDERS
 6$/(6$1'27+(5$33/,&$%/(7$;(63(50,76/,&(16(6$1')((6 Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.

 (;(&87,212)&2175$&7
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.
(1' 2) ,16758&7,216 72 %,''(56
20 21
SECTION 00400 BID FORM PAGES 13 TO 15-REVISED PER ADDENDUM NO. 1 SECTION 00400

BID FORM REVISED
NAME OF BIDDER: US Builders and Consultants lnc.

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

LIFEGUARD TOWERS REPLACEMENT (FY 2024), PN 22104
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOT AL BASE BID PRICE:

BID SCHEDULE REVISED
Bid Bid Item Description
Item
No.

1. Mobilization

2. Tower 11 , "large size"

3. Tower 6, "large size"

4. Tower 1, "large size"

5. Tower 4, "large size"

6. Transportation of towers
(including delivery and drop off at
two designated location)
Total Base Bid Price in Numerical Form :
$ 288.800
Total Base Bid Price in Written Form:

Unit of Est.

Measure Qty
L.S. 1
L.S. 1
L.S. 1
L.S. 1
L.S. 1
L.S. 1
Unit
Price
5,000
70,000
70 000
70,000
70,000
3,800
Two hundred and eighty eight thousand and eight hundred dollars Total Item Cost
5,000
70,000
70 000
70,000
70,000
3,800
In case of discrepancy between the written price and the numerical price, the written piece shall prevail.
13 Revised
22 SECTION 00400

BID FORM REVISED
If the Contract Documents specify alternate bid items, the following Alternate amounts shall be added to the Total Bid Price (please check the appropriate box), at the City's sole option. The City can choose to include one or more of the Bid Options in the Work. If any of the Alternate Bids are selected by the City, the resulting amount shall be added to or deducted from Total Bid Price for the Work. City may award one or more of the alternate items at the below stated Bid Price up to sixty (90) days following award of the Contract. If the City awards an alternate bid item after the Contract start date, an equal amount of days will be added to the Contract Time.

Alternate Bid Bid Price Bid Price
Items (In Written Form) (In Numerical Form)
Alternate #1 60,000 60,000 ~ Add a 5th tower
"small size"
(Tower 3)
Alternate #2 80,000 80,000 ~ Add a 6th tower,
"large size"
(Tower5)
Alternate #3 80,000 80,000
M Add a 7th tower
"small size"
(Tower 7)
In case of discrepancy between the written price and the numerical price, the written price shall prevail. In case of a discrepancy between the electronic bid form in the City's Planet Bids system (if used) and this completed bid form , the signed hardcopy bid form (or scanned signed form uploaded to the City's Planet Bids system, shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from the bid opening , or until a Contract for the Work is fully executed by City and a third party, whichever is earlier.

The Contract duration shall commence on the date stated in City's Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in City's Notice to Proceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. 1067739 , Expiration Date 12/31/2024, class of license A&B . If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.
14 Revised
23 Addenda No. 0 I
SECTION 00400

BID FORM REVISED
---------- Addenda No. 02 -----------
Addenda No. ~~--------- 03
Bidder has attached the following:

1. The completed Contractor's Certificate Regarding Workers' Compensation form.

2. The required bid security in the amount of not less than 10% of the Total Bid Price.

3. The fully executed Non-Collusion Declaration form .

4. The completed Contractor Information and Experience form.

5. The completed List of Subcontractors form .

6. The completed Iran Contracting Act Certification form (for bids of $1 ,000,000 or more).

7. The completed Public Works Contractor Registration Certification form.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein, including Contractor's license number and expiration date, are true and correct. I further certify that the signatory below is authorized to submit this Bid and bind the Bidder to the terms of these Contract Documents.

Name of Bidder US Builders and Consultants Inc. ~
Signature :_:ss;:::~__.......=--
Name Tamer Awad
Title Vice Presidenr
Dated 11 /28/2023

END OF BID FORM
15 Revised
24 SECTION 00405

WORKER'S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
D
D
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier: California State Fund
Policy Number: 93214592
certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE

IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL

PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
16 55452.01510\32905704.2
SECTION 00405

WORKER'S COMPENSATION INSURANCE

CERTIFICATION
25 SECTION 00405

WORKER'S COMPENSATION INSURANCE CERTIFICATION
Dated: _1_1/_2_8 ________ , 201L._
By:

Rysure Insurance Solutions, LLC
Consultant
Mazin Yehia
Broker/Agent
Title
P.O. Box 51092 Los Angeles, CA
90051-5392 Address

END OF WORKER'S COMPENSATION INSURANCE CERTIFICATION
55452.01510\32905704.2 17
SECTION 00405

WORKER'S COMPENSATION INSURANCE

CERTIFICATION
26 SECTION 00410
BID BOND No. 11-888-036
The makers of this bond are U.S. Builders and Consultants , as Principal, and Great Midwest Insurance Company , as Surety and are held and firmly bound unto the City of San Clemente, hereinafter called City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated November 28 20_~ for the LIFEGUARD TOWERS REPLACEMENT (FY 2024). PN 22104.

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by City and judgment is recovered , the Surety shall pay all litigation expenses incurred by City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this 28th day of November , 20..1,L, the name and corporate seal of each corporation.
(Corporate Seal) ___________ _
Contractor/ Principal U.S. Builders and Consultants
=
B y _________ ~----....:..=.._ \. ~;....._ ______ _
Title -i-; 111:1 eV C¥L h-c/2 I l / p 1 ~ ~ r V
(Corporate Seal) ____ _______ _
Surety Great Midwest lnsuranr Company
By /fit;/ ' ,
Title Blake A. Pfister, Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title Attorney-in-Fact 18 55452. 01510132905704.2
SECTION 0041 0

BID BOND
27 CALIFORNIA AIJ..PURPOSE ACKNOWLEDGMENT CML CODE § 1189 •• m r : a
A notary public or c;t,er officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of Calif omia
County of ox;: anae
o~ovember 2 2, 2 0 2 3 before me, ~L_i_a_n_n_e~ N_a_h_i_n_a_,_N_o_t_a_r_.y..._P_u_b_l_1_· c _ _ __ _ Date Here Insert Name and T1tle of the Officer
pe,sonaJly appeared B 1 a k e A . Pf i st e r
Name(s) of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(f whose name(s) is/ti> subscribed
~
to the within instrument and acknowledged to me that he/....._, executed the same in authorized capacity(Jlf), and that by his/11--,W signatur~ on the instrument the person#), or the entity _upon behalf of which the ~ acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph r LIA~NE NAHi; • ( is true and COITect.

COMM. # 231 -4 283 ~ WITNESS my hand and official seal. NO O
TARY
RAN
PU
GE
iLIC•C~IFOR
COUNTY
NIA u,
N ~ ~
~C~M~ EtP.,PE; 1;}02J l Signature ~ Pi
Signature of Notary Public
Place Notary Seal Above
-------- ------OPTIONAL--------------
Though this section Is optional, completing this informa:tion can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Bid Bond 11 -888-036 Document Date: November 28, 2023 Number of Pages: 1 Signer(s) Other Than Named Above: N,..,.__/ A~, __ N..._o""'n"'""e=--- ----- Capacity(ies) Claimed by Signe,(s)
Signer's Name: Bl ake A . Pf i st e r
0 Corporate Officer - Tttle(s): _ ____ _
D Partner - D Limited O General
D Individual . IBl Attorney in Fact
0 Trustee D G~dlan or Consetvator Other. ____________ _ Signer Is Representing: Great . Midwest
Insurance Company
CIJM :S & ZS L
Signer's Name: - - - - - - -
D Corporate Officer - Trtle(s): _____ _
D Partner - D Limited □ General
□ Individual □ Attorney in Fact
0 Trustee O Guardian or Conservator
D Other: _ _____ ____ __ _
Signer ls Representing: _______ _
Li 2 .£:SC • .£. C • :C C &. ii!
©2014 National Nota,y Association• www.NationalNota,y.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 28 ---- . . POWER OF ATTORNEY
Great Midwest Insurance Company
KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY. a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint:
' Blake A. Pfister
;its true and lawful Attorney(s)-ln-Fact to make, execute. seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other jwritings obligatory in nature of a bond. ;
i This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST !INSURANCE COMPANY, on the 1'1 day of October, 2018 as follows:

Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or jother person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds. undertakings, policies. contracts of indemnity or other 'writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000.00), which the Company might execute through its duly elected ,officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if tt}ey h_ad been duly executed anrl acknowledge.d by tt,e regularly elected officers of the Company. Any ~ttomey-ln-Fa.ct, so appointed, 1may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney.

Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such [power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the [Company.

IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its :corporate Seal to be affixed this 11th day of February, 2021.

ACKNOWLEDGEMENT

GREAT MIDWEST INSURANCE COMPANY
BY ____ IJ/#,~W~ ..,,ri _____________ _
Mark W. Haushill
President
i On this 11th day of February, 2021 , before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and :say that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument !that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. ~!r;''1,~ CHRISTINA BISHOP
~(£~~ Not.iry Public:, State of Texas \!4~~j Comm . Expires 04-14-2026 ~,,,,flf"'''" Notary 10 131090488

CERTIFICATE
uir/
BY ___ ---'--------------- Christina Bishop
Notary Public
' 1. the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that !the original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions las set forth are now in force.
'
!Signed and Sealed at Houston, TX this 28th Day of November , 20~. I ----- ~{)/ I
BY ___ ___,i,L-.:;,_-----'"'---"'---_,,,,...._ ____
1 , _
Leslie K. Shaunty ~
Secretary1 .... _____
"WARNING: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for Insurance or claim ,containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties.

SECTION 00410

BID BOND
55452.01510\32905704.2 19 SECTION 00410

BID BOND
1RWDU\$FNQRZOHGJPHQW
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
237,21$/
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. &$3$&,7<&/$,0('%<6,*1(5 '(6&5,37,212)$77$&+(''2&80(17 Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)  Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
29 30
SECTION 00440

LIST OF SUBCONTRACTORS FORM
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number and DIR registration number, and (c) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent {1/2%) of the Contractor's Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor's Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.

If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself. The Prime Contractor is required to complete at least over 50% of the contract value with its own forces.

Work to be done CSLB Contractor
by Location of License No.

Subcontractor Subcontractor Business

N/A N/A N/A N/A

END OF LIST OF SUBCONTRACTORS FORM
28 55452.01510132905704.2
DIR Registration % of the
Number Work

N/A N/A
SECTION 00440

LIST OF SUBCONTRACTORS FORM
31 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
**Failure to complete all information may render your bid nonresponsive - indicate not applicable ("N/A") where appropriate.**
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.

1.0 2.0

3.0 4.0

5.0 6.0
Name of Bidder: US Builders and Consultants Inc.

Type, if Entity: SCorp
Bidder Address: 126 Desert Lotus Irvine, CA 92618
Facsimile Number (949) 203-2116 Telephone Number <714) 317-8402 Email Address [email protected]
Website Address www.us-builders.com
How many years has Bidder's organization been in business as a Contractor? three
How many years has Bidder's organization been in business under its present name? ~th,..r_..,ee"----------

5.1 Under what other or former names has Bidder's organization operated? __ ~.lLUo.-----------------
If Bidder's organization is a corporation, answer the following:

6.1 Date of Incorporation: 12/18/2020

6.2 State of Incorporation: California

6.3 President's/CEO Name: Mohamed Almallah

6.4 Vice President's Name(s): Tamer Awad

6.5 Secretary's Name: Mohamed Almallah

6.6 Treasurer's Name: Mohamed Almallah

7.0 If an individual or a partnership, answer the following:
21 55452.01510\32905704.2
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
32 8.0

9.0 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM

7.1 Date of Organization: ______________ _

7.2 Name and address of all partners (state whether general or limited partnership):

If other than a corporation or partnership, describe organization and name principals:

NIA
List other states in which Bidder's organization is legally qualified to do business.

California

10.0 What type of work does the Bidder normally perform with its own forces? General Contractor and General Engineering B

11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:

None

12.0 Has the Bidder ever been in default, debarred or suspended in any way? If so, note when and why:

None

13.0 Within the last five years, has any officer or partner of Bidder's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:

NIA

14.0 List Trade References (Materials Suppliers, Vendors, Union Representatives, etc.:

White Cap, Santa Ana 001 1723 S Ritchey ST Santa Ana, CA 92705 Furgeson, 605 E Cerritos Avenue , Anaheim. CA92805-6324 22 55452.01510\32905704.2
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
33 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM

15.0 List Bank References (Bank and Branch Address):

JP Morgan Chase Bank 6460 Irvine Blvd Irvine 92620

16.0 Name of Bonding Company and Name and Address, email address and phone number of Agent:

Bond Connection, PO Box 4164, Dana Point, CA.
949-248-1543
Blake Pfister
55452.01510\32905704.2
23 SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
34 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM

8. LIST OF CURRENT PROJECTS (BACKLOG)
**Duplicate Page if needed for listing additional current projects** Project and Description of
Client Contact Bidder's Work
Person and
Phone Number
Water Division Bin Site improvements &
Storage construction ot a new
Ryan Visperas bin storage structure
(714) 288-2475
Colton Tnint Unified Demolition. Site Pavir Ill'
School District, !Grading and earthworl ,
Bloomin!!ton IPlavirround structure.
!shade structure &
Diane Mendez playground flooring
l ~U~ J Ol:SU·Obl:Sb
55452.01510\32905704.2
Completion Date Cost of Amounted
Ongoing
Ongoing
24 Bidder's Work Bonded
$528,400 $528,400
$229,900 $229,900
SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE
FORM
35 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
C. LIST OF COMPLETED PROJECTS LAST THREE YEARS
**Duplicate Page if needed for listing additional completed projects** Please include only those projects which are similar enough to demonstrate Bidder's ability to perform the required Work.

Client Description of Bidder's
Work
City of Laguna Flooring, Drywall, Electric,
Woods and Concrete
Long Beach
(', Drywall, Painting, Flooring, .. 11 ,itv r.nllpnP
District ~ hlectnc
State of California, ADA Restroom renovations
uepi:ll lmem 01 1v1ocor
Vehicles
Citvof Flooring, Drywall, Electric,
San Bernardino ana 1-1Iumb1ng
25 55452.01510\32905704.2
Period of Cost of Contact Name &
Performance Bidder's Work Phone
09/12/2022 - $158,154 April Baumgarten
01/15/2023 (949) 639-0568
08/20/2022 - $157,000 Steven Lemos
10/15/2022 (562) 242-4410
02/06/2023 - $98,000 Brett Miller
04/10/2023 (805) 804-2300
12/27 /2022- $819,983 Ziad Mazboudi
11/17/2023 (626) 532-2018
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
36 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:

The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.

1. List each person's job title, name and percent of time to be allocated to this project:

Mohamed Almallah, Civil Engineer, I 00%
TamerAwad,CPA, 100%

2. Summarize each person's specialized education:

Mohamed, Civil Engineering
Tamer Awad, CPA

3. List each person's years of construction experience relevant to the project:

Mohamed Almallah, 20 years

4. Summarize such experience:

Mohammad Almallah is experienced Civil Engineer. He holds a master degree in civil engineering and a career that spans over 20 years with major engineering companies.

Bidder agrees that any personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by City.
26 55452.01510\32905704.2
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
37 SECTION 00430

CONTRACTOR INFORMATION AND EXPERIENCE FORM
Additional Bidder's Statements:

If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked :

E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:

I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:

Name of Bidder US Builders and Consultants lnc
Signature ~~
Name Tamer Awad
Title Vice President
Dated 11/28/2023

END OF CONTRACTOR INFORMATION AND EXPERIENCE FORM
27 55452.0151 0\32905704.2
SECTION 00430
CONTRACTOR INFORMATION AND ExPERIENCE
FORM
38 The undersigned declares:

SECTION 00420

NON-COLLUSION DECLARATION
US Builders and Consultants Inc. I am the Vice Pres ident 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 partnershin, or any other entity, hereby represents that he or she has full power to execute, and does .'.:!xecute, 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 11/28/2023 [date], at Irvine [city] , Cal ifornia [state].

Name of Bidder US Builders and Consultants Inc.

Signature ~ =======-
Name Tarner Awad
Title Vice Pres ident
Dated I I /28/2023

END OF NON-COLLUSION DECLARATION
20 55452.01510\32905704.2
SECTION 00420

NON-COLLUSION DECLARATION
39 SECTION 00450

IRAN CONTRACTING ACT CERTIFICATION
MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS $1 ,000,000 OR MORE (Public Contract Code Section 2200 et seq .)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 201 O (Public Contract Code Section 2200 et seq.) is true and correct:
.../ The Contractor is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by t.<· California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

D The City has exempted the Contractor from the requirements of the Iran Contracting Act of 201 O after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. Documentation demonstrating the City's exemption approval is attached.

Signed: ~ ======~
Titled: V ice President
Firm: US Builders and Consultants Inc.

Date: I 1/28/2023
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
55452.01510\32905704.2

END OF IRAN CONTRACTING ACT CERTIFICATION
29 SECTION 00450

IRAN CONTRACTING ACT CERTIFICATION
40 SECTION 00460

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771 .1 , all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771 .1 and is currently registered as a contractor with the Department of Industrial Relations.

Name of Bidder: US Builders and Consultants Inc
DIR Registration Number: PW-LR - 1000756487
Bidder further acknowledges:

1. Bidder shall maintain a current DIR registration for the duration of the project.

2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771 .1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Bidder US BuiJdcrs and Consultants Inc.

Signatu~ ??:s:-:"4c::;~:=c, :::::::=====--
Name Tamer A wad
Title Vice President
Dated I 1/28/2023

END OF PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION 30 55452.01510\32905704.2
SECTION 00460

PUBLIC W ORKS CONTRACTOR REGISTRATION

CERTIFICATION
55452.01510\32905704.2
34 SECTION 00610

PERFORMANCE BOND
SECTION 00610

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to 86 %XLOGHUV DQG &RQVXOWDQWV ,QF, (hereinafter referred to as the “Contractor”) an agreement for /LIHJXDUG 7RZHUV 5HSODFHPHQW
)< 
 31 (hereinafter referred to
as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________________________________________________, the undersigned Contractor and
__________________________________________________as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of
____________________________________________________________________BBBBBBBB DOLLARS and _____________________________ CENTS ($_________________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the Contract Documents, the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 41 SECTION 00610

PERFORMANCE BOND
55452.01510\32905704.2
35 SECTION 00610

PERFORMANCE BOND
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.
42 SECTION 00610

PERFORMANCE BOND
55452.01510\32905704.2
36 SECTION 00610

PERFORMANCE BOND

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 43 SECTION 00610

PERFORMANCE BOND
55452.01510\32905704.2
37 SECTION 00610

PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)  Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
44 55452.01510\32905704.2
38 SECTION 00620

PAYMENT BOND
SECTION 00620

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to 86%XLOGHUVDQG&RQVXOWDQWV,QF hereinafter designated as the “Principal,” a contract for the work described as follows:/LIHJXDUG7RZHUV5HSODFHPHQW
)<
31(the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of _ DOLLARS and
CENTS ($_________________________) 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, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 45 SECTION 00620

PAYMENT BOND
55452.01510\32905704.2
39 SECTION 00620

PAYMENT BOND
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

REMAINDER OF PAGE LEFT INTENTIONALLY BLANK

SIGNATURES ON FOLLOWING PAGE
46 SECTION 00620

PAYMENT BOND
55452.01510\32905704.2
40 SECTION 00620

PAYMENT BOND
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
47 SECTION 00620

PAYMENT BOND
55452.01510\32905704.2
41 SECTION 00620

PAYMENT BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)  Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
48 55452.01510\32905704.2
42 SECTION 00700

GENERAL CONDITIONS
SECTION 00700

GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.
b. Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean working day unless otherwise specifically designated. g. Engineer shall mean the City Manager, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as “City’s Representative” or “Representative” in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents. n. Provide shall include provide, complete in place, that is furnish, install, test and make ready for use.
49 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
43 SECTION 00700

GENERAL CONDITIONS
o. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-8 of the Standard Specifications for Public Works Construction (“Greenbook”), 2021 Edition, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof, as well as other applicable standards which may be referenced in the Contract Documents. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
p. The Work means the entire improvement planned by City pursuant to the Contract Documents.
q. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.
$57,&/( &2175$&7'2&80(176
a. Intent of Contract Documents. The intent of the Contract Documents is to prescribe a complete work of improvement which Contractor shall perform or cause to be performed in a manner acceptable to the Engineer and in full compliance with all codes and the terms of this Agreement. Contractor shall complete a functional or operable improvement or facility, even though the Contract Documents may not specifically call out all items of work required for the Contractor to complete its tasks, incidental appurtenances, materials, and the like.

If any omissions are made of information necessary to carry out the full intent and meaning of the Contract Documents, Contractor shall immediately seek approval of the Engineer for furnishing detailed instructions. Further, prior to commencing performance of any work hereunder, Contractor shall cooperate with and assist the City to identify and make any refinements to the description and scope of the work that may be necessary to achieve City’s goals hereunder. In the event of any doubt or question arising regarding the true meaning of any of the Contract Documents or any portion thereof, reference shall be made to the Engineer whose decision thereon shall be final.
b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1) Change Orders or Work Change Directives
2) Addenda
3) Special Provisions (or Special Conditions)
4) Technical Specifications
5) Plans (Contract Drawings)
50 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
44 SECTION 00700

GENERAL CONDITIONS
6) Contract
7) General Conditions
8) Instructions to Bidders
9) Notice Inviting Bids
10) Contractor’s Bid Forms
11) Greenbook Standard Specifications (Sections 1-8 Excluded) 12) Standard Plans
13) Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1) Figures govern over scaled dimensions
2) Detail drawings govern over general drawings
3) Addenda or Change Order drawings govern over Contract Drawings 4) Contract Drawings govern over Standard Drawings
5) Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.
$57,&/( &2175$&76'2&80(176
&23,(6 0$,17(1$1&(
Contractor will be furnished, free of charge, 2 copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site. $57,&/( '(7$,/'5$:,1*6$1',16758&7,216
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, 51 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
45 SECTION 00700

GENERAL CONDITIONS
conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
$57,&/( 6&+('8/(
a. Planned Schedule. Contractor shall prepare a proposed Project schedule and shall submit this for approval to the Engineer at the pre-construction meeting or as otherwise provided in the Special Provisions. The Engineer shall promptly provide written acceptance of the proposed schedule, or notify Contractor that the proposed schedule is not acceptable with accompanying explanation. In such case Contractor shall revise and re-submit an updated schedule within five (5) working days of the Engineer’s notification. The receipt or Approval of any schedules by the Engineer or City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather.

The schedule shall specify the progression of activities from the date of the Notice to Proceed to the end of the Contract Time, indicate the beginning and completion dates of all phases of construction; the order in which the Contractor proposes to carry out the work, critical path for all critical, sequential time related activities; and 52 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
46 SECTION 00700

GENERAL CONDITIONS
“float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, permits, inspections, performance and material testing, and work that may be required by others for the completion of the Contractor’s work. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The schedule(s) submitted shall be consistent in all respects with the completion time requirements and any order of work requirements set forth in the Contract Documents.
c. Schedule Updates. Contractor shall continuously update its construction schedule, and shall provide to the Engineer full information in advance as to the Contractor’s plans for carrying out any part of the work. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.
$57,&/( 68%67,787,216
a. Pursuant to Public Contract Code Section 3400(b) City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating 53 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
47 SECTION 00700

GENERAL CONDITIONS
that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.
e. The Contractor shall bear all of City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
$57,&/( 6+23'5$:,1*6
a. Contractor shall check and verify the drawing dimensions and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.
b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval shall not relieve Contractor from responsibility for errors. $57,&/( 68%0,77$/6
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
54 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
48 SECTION 00700

GENERAL CONDITIONS
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
$57,&/(
 0$7(5,$/6
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to City free from any claims, liens, or charges. e. Materials may not be stored onsite in advance of delivery of the completed prefabricated tower sections. The Contractor shall offload the prefabricated tower sections and the small quantities of materials needed for assembly of the sections.

The Contractor shall commence assembly of delivered towers within 1 working day of delivery and continue without interruption until each tower is fully assembled.

This schedule is required to minimize impact with City operations, minimize the Contractors risk of theft, damage or vandalism of materials, and minimize the public impact regarding safe egress to the adjacent trail system. $57,&/( &2175$&725¶6683(59,6,21
During the on-site assembly of the prefabricated tower sections, the Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project. 55 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
49 SECTION 00700

GENERAL CONDITIONS
$57,&/( :25.(56
a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any employee of the Contractor whom City determines is incompetent or unfit shall be removed from this Project.
$57,&/( 68%&2175$&7256
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. All subcontracts entered into by Contractor relating to any of the Work under this Contract shall comply with and be limited to the extent required by Civil Code section 2872.05. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City. b. City reserves the right to approve all subcontractors. City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. $57,&/( 3(50,76$1'/,&(16(6
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as City's responsibility pursuant to the Contract Documents. c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to City. 56 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
50 SECTION 00700

GENERAL CONDITIONS
$57,&/( 6$1,7$5<)$&,/,7,(6
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations.

Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted.

Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor. $57,&/( $,532//87,21&21752/
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in Article 50.
$57,&/( &/($1,1*83
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor. 57 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
51 SECTION 00700

GENERAL CONDITIONS
$57,&/( (;&(66,9(12,6(
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.
$57,&/( 7(676$1',163(&7,216
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than City, Contractor shall promptly inform City of the date fixed for such inspection.

Required certificates of inspection (or similar) shall be secured by Contractor.

Costs for City testing and City inspection shall be paid by City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. 58 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
52 SECTION 00700

GENERAL CONDITIONS
f. Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
$57,&/(
 3527(&7,212):25.$1'3523(57<
a. Contractor acknowledges and agrees that public safety is of utmost importance, and Contractor agrees that during the progress of the Work Contractor shall constantly protect and preserve the safety of the public. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the Work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the Work site, traffic lane and pedestrian closures and deliveries of material and equipment.
b. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor’s risk.

Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
c. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor. d. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
e. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 59 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
53 SECTION 00700

GENERAL CONDITIONS
2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver the prefabricated tower sections and materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.
8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times. f. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
g. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.

City shall be entitled to inspect and copy any such documentation, video, or photographs.
60 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
54 SECTION 00700

GENERAL CONDITIONS
$57,&/( &2175$&72560($16$1'0(7+2'6
Contractor is solely responsible for the means and methods utilized to perform the work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. $57,&/( $87+25,=('5(35(6(17$7,9(6
City shall designate representatives, who shall have the right to visit the Contractors Shop or Yard while the tower sections are being prefabricated and present at the Project assembly site at all times. City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents. The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access. $57,&/( +28562):25.
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Unless otherwise provided in the Special Conditions, On-site final assembly work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
$57,&/( 3$<52//5(&25'6
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work.

Contractor shall certify under penalty of perjury that records maintained and 61 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
55 SECTION 00700

GENERAL CONDITIONS
submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
c. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
d. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
e. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. f. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.

Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments. $57,&/( 35(9$,/,1*5$7(62):$*(6
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of 62 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
56 SECTION 00700

GENERAL CONDITIONS
the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code.

The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
$57,&/( (03/2<0(172)$335(17,&(6
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.

The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. $57,&/( &2175$&725$1'68%&2175$&7255(*,675$7,21 Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations (“DIR”) at the time of the bid. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall remain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. $57,&/( /$%25&203/,$1&(
672325'(56
This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, 63 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
57 SECTION 00700

GENERAL CONDITIONS
shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor. $57,&/( 121',6&5,0,1$7,21(48$/(03/2<0(1723325781,7< Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. $57,&/(
 /$%25(03/2<0(176$)(7<
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
$57,&/( ,1685$1&(
Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Appendix “1” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City. $57,&/( 7,0()25&203/(7,21$1'/,48,'$7(''$0$*(6 a. Time for Completion/Liquidated Damages. Contractor shall commence work within ten (10) days of the date stated in City’s Notice to Proceed and shall diligently and continuously prosecute the work to completion in the time specified in the Contract Documents. City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by City’s receipt or acceptance of the Contractor’s proposed earlier completion date.

Furthermore, Contractor shall not, under any circumstances, receive additional compensation from City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.

If The Work is not completed as stated in the Contract Documents, it is understood that City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
64 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
58 SECTION 00700

GENERAL CONDITIONS
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted for the on-site final assembly of towers when the Work stopped during inclement weather is on the critical path of the Project schedule. c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify City in writing of causes of delay. City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.

Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
$57,&/( &267%5($.'2:1$1'3(5,2',&(67,0$7(6
Contractor shall furnish on forms Approved by City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following City’s Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
65 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
59 SECTION 00700

GENERAL CONDITIONS
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
$57,&/( 02%,/,=$7,21
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:
1) Obtaining and paying for all bonds, insurance, and permits. 2) Renting and/or moving into an Off-site Fabrication Shop or Yard all Contractor’s tools and equipment required for first month’s operations. 3) Installing temporary construction power, wiring, and lighting facilities. 4) Establishing fire protection system.
5) Developing and installing a construction water supply. 6) Providing and maintaining an Off-site Shop or Yard office trailers for the Contractor, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.
7) Providing Off-site Shop or Yard communication facilities for the Owner including telephones, radio pagers, and fax machines.
8) Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.
9) Furnishing, installing, and maintaining all storage buildings or sheds required for temporary Off-site storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
10) Arranging for and erection of Contractor’s work and storage yard. 11) Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.
66 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
60 SECTION 00700

GENERAL CONDITIONS
12) Submittal of Construction Schedule as required by the Contract Documents.
$57,&/( 3$<0(176
a. City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of ten percent (5%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 8132. Prior to final payment by City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.
$57,&/( 3$<0(176:,7++(/'$1'%$&.&+$5*(6
a. In addition to amounts which City may retain under other provisions of the Contract Documents City may withhold payments due to Contractor as may be necessary to cover:
1) Stop Notice Claims.
2) Defective work not remedied.
3) Failure of Contractor to make proper payments to its subcontractors or suppliers.
4) Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
67 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
61 SECTION 00700

GENERAL CONDITIONS
5) Damage to another contractor or third party.
6) Amounts which may be due City for claims against Contractor. 7) Failure of Contractor to keep the record (“as-built”) drawings up to date. 8) Failure to provide updates on the construction schedule. 9) Site clean up.
10) Failure of the Contractor to comply with requirements of the Contract Documents.
11) Liquated damages.
12) Legally permitted penalties.
b. Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.
$57,&/( &+$1*(6$1'(;75$:25.
a. Change Order Work.
1) City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, shall be performed under the applicable conditions of the Contract Documents, and shall be subject to the approval authority requirements of Article 4 of the Contract. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.

Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
68 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
62 SECTION 00700

GENERAL CONDITIONS
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with City’s estimate of cost. If the change is issued based on City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost-pluspercentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery.

Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. 69 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
63 SECTION 00700

GENERAL CONDITIONS
(c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less.

Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, or Caltrans Equipment Rental Rates (without surcharge) at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond
premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five
percent (5%) of the Net Cost of the lower tier subcontractor. v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein.
9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; 70 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
64 SECTION 00700

GENERAL CONDITIONS
Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
10) For added or deducted Work by subcontractors, the Contractor shall furnish to City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 11) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
12) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 13) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify City’s change order form in an attempt to reserve additional rights. 14) If City disagrees with the proposal submitted by Contractor, it will notify the Contractor and City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
15) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
16) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties. b. Contract Unit Prices
1) Increases more than twenty-five percent (25%) percent. Should the actual quantity of an item of work covered by a Contract Unit Price and 71 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
65 SECTION 00700

GENERAL CONDITIONS
constructed in conformance with the Plans and Specifications exceed the Bid quantity by more than twenty-five percent (25%), payment for the quantity in excess of one hundred twenty-five percent (125%) of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above. 2) Decreases of more than twenty-five percent (25%). Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with Plans and Specifications, be less than seventy-five percent (75%) of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for seventy-five percent (75%) of the Bid quantity at the Contract Unit Price.
$57,&/( ,1'(01,),&$7,21
a. Contractor shall defend (with counsel of City Council’s preference), indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor’s own cost, expense and risk, with City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.

The only limitations on this provision shall be those imposed by Civil Code Section 2782. b. Contractor shall require each of its subcontractors to indemnify City to the same extent Contractor is indemnified.
$57,&/( &203/(7,21$1'$&&(37$1&('()(&7,9(:25. a. Completion. Contractor shall make an initial request for final inspection after initial completion of the Work. After inspection, the Engineer will inform the Contractor, 72 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
66 SECTION 00700

GENERAL CONDITIONS
in writing, of all items found by Engineer to be incomplete or not in compliance with this Agreement. After the Contractor has completed these items, the procedure for final inspection shall then be the same as specified above for the Contractor's initial request for final inspection. If after two (2) "final" inspections, items are found by Engineer to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City may require Contractor, as a condition of City performing further field inspections, to submit to the Engineer a detailed written statement of the work performed subsequent to the date of the previous inspection at which such items were found to be incomplete or not in compliance with this Agreement.

The Parties shall follow the above steps until such time as Engineer determines that the Work has been satisfactorily completed in accordance with all terms and condition of this Agreement. Upon such determination, City shall order recordation of the Notice of Completion.
b. Acceptance. Thirty-five (35) days after the Notice of Completion is recorded (or in the event any lien claims are filed against the Project arising out of Contractor's activities hereunder, on such date Contractor has finally satisfied, discharged, or obtained a release of such claim), City shall accept Contractor's Work. c. Defective Work. Contractor shall repair, reconstruct, replace or otherwise make acceptable any and all Work found by Engineer to be defective or not in accordance with the Agreement. Final acceptance of the Work shall not constitute a waiver by City of any defective work subsequently discovered. $57,&/(
 5(&25'
³$6%8,/7´
'5$:,1*6
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.

The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date.

Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order, request for information, request for proposals, or Architect’s Supplemental Instructions where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts in .pdf or other approved format. The suitability of the as-builts will be determined by the Engineer.
73 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
67 SECTION 00700

GENERAL CONDITIONS
$57,&/( 5(62/87,212)&216758&7,21&/$,06
a. All public works claims between the Contractor and the City shall be resolved pursuant to the procedures set forth in Public Contract Code section 9204. All public works claims of $375,000 or less which arise between the Contractor and City shall be resolved in accordance with Public Contract Code sections 20104 et seq. and other applicable law, unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 45, as a prerequisite to filing any claim governed by this Article. The failure to timely provide any notice or request required by the Contract Documents shall constitute a waiver of the right to these procedures. c. All Claims. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the Contractor for (1) a time extension, including without limitation relief from damages or penalties for delay assessed by the City, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) payment of an amount which is disputed by City.
d. All Claims. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
74 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
68 SECTION 00700

GENERAL CONDITIONS
7) Cover letter and certification of validity of the claim e. City Response to Claim. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written response.

If the City needs approval from the City Council to provide Contractor a written statement as set forth above, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed City Council meeting after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.

The City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. f. Meet and Confer Conference. If the Contractor disputes City's response, or if City fails to respond within the statutory time period(s), the Contractor may so notify City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, City shall schedule a meet and confer conference within 30 days.
g. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204, and the City and the Contractor shall equally share the associated mediator fees. Each party will be responsible for its own attorneys’ fees and other costs incurred due to the resolution of any Claim.
h. Condition Precedent. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor. i. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must 75 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
69 SECTION 00700

GENERAL CONDITIONS
comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
$57,&/( &,7<¶65,*+7727(50,1$7(&2175$&7
a. Termination for Cause. City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Project. If City takes over The Work, City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience. City may terminate performance of The Work in whole or, in part, if City determines that a termination is in City's interest.

The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
76 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
70 SECTION 00700

GENERAL CONDITIONS
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to City.
c. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of City or the Contract is terminated.
$57,&/( :$55$17<$1'*8$5$17((
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. 77 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
71 SECTION 00700

GENERAL CONDITIONS
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
e. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. f. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of City; and 3) Enforce all warranties for the benefit of City, unless otherwise directed in writing by City.

This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15. $57,&/( '2&80(175(7(17,21 (;$0,1$7,21
a. In accordance with Government Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to City any of the Contractor’s other documents related to the Project immediately upon request of City. c. In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a period of four (4) years after final payment. 78 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
72 SECTION 00700

GENERAL CONDITIONS
$57,&/( 6(3$5$7(&2175$&76
a. City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.

Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. $57,&/( 127,&($1'6(59,&(7+(5(2)
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier.

Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
$57,&/( 127,&(2)7+,5'3$57<&/$,06
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract. $57,&/( 67$7(/,&(16(%2$5'127,&(
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be 79 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
73 SECTION 00700

GENERAL CONDITIONS
referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
$57,&/( ,17(*5$7,21
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of City and Contractor.
$57,&/(
 $66,*10(17
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. $57,&/( &+$1*(,11$0($1'1$785(2)&2175$&725¶6/(*$/(17,7< Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify City in order that proper steps may be taken to have the change reflected on the Contract.
$57,&/( $66,*10(172)$17,75867$&7,216
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time City makes final payment to the Contractor, without further acknowledgment by the parties.
$57,&/( 352+,%,7(',17(5(676
No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
80 SECTION 00700

GENERAL CONDITIONS
55452.01510\32905704.2
74 SECTION 00700

GENERAL CONDITIONS
$57,&/( /$:6$1'5(*8/$7,216
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.
$57,&/( 3$7(17)((62552<$/7,(6
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
$57,&/( 2:1(56+,32)'5$:,1*
All Contract Documents furnished by City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to City on request at completion of The Work.
$57,&/( 127,&(2)7$;$%/(3266(6625<,17(5(67
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
(1' 2) *(1(5$/ &21',7,216
81 55452.01510\32905704.2
75 SECTION 00750

SPECIAL CONDITIONS
6(&7,21
63(&,$/&21',7,216
 63(&,),&0$7(5,$/6
City has not made findings pursuant to Public Contract Code Section 3400(b) regarding the use of specific materials, products, things, and/or services that must be utilized for the Project.  35(&216758&7,210((7,1*
After, or upon, notification of Contract Award, the Engineer will set the time and location for the Pre-Construction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor’s responsible project personnel attend the Pre-Construction Meeting will be grounds for default by Contractor. No separate payment will be made for the Contractor’s attendance at the meeting. The Notice to Proceed will only be issued on or after the completion of the Pre-Construction meeting.  75$163257$7,212)72:(56675((7&/2685(6'(72856%$55,&$'(6 The Contractor shall schedule the delivery dates for the prefabricated tower sections and notify the City a minimum of 72 hours in advance of such deliveries. The pierhead road is an extreme congested vehicular and pedestrian area. When a delivery truck is 10 minutes from the site the driver shall call the Marine Safety department who will provide a walking escort or lifeguard vehicle escort for the truck to cross the railroad tracks and slowly travel the short asphalt and hardpacked earth road to each delivery site. If a separate worker vehicle or other mobile equipment is used to offload tower elements then that equipment shall follow in tandem with the delivery equipment.

The Contractor is responsible for inspecting the site where the towers are to be delivered and dropped off prior to the scheduled delivery dates to become familiar with the existing conditions at the site, e.g.: R.R. crossing, vehicle turning angles, condition of access roads, etc., in order to plan accordingly delivery of the towers.

The Contractor is responsible for erecting and maintaining a minimum 6’ tall lockable chain-linked fence barricade around his final assembly work area whenever materials or incomplete tower sections are left onsite unattended.

To minimize on-site work, the Contractor shall prefabricate all work, as practical, to fit on a flatbed truck for shipping to the site for final assembly. At a minimum the tower house, stair and lower platform leg system shall be fully prefabricated off-site. Decking & Railing which exceed the width of the truck bed are expected to require onsite final assembly but all wood should be shop painted to keep on-site painting to an absolute minimum. The Contractor shall take no longer than 5 working days to perform the on-site final assembly of each tower.

Street Closures are not permitted and are not part of this project.

No additional compensation will be allowed.
(1' 2) 63(&,$/ &21',7,216
82 55452.01510\32905704.2
76 SECTION 00800

TECHNICAL SPECIFICATIONS
6(&7,21
7(&+1,&$/63(&,),&$7,216
SECTION 061000 - ROUGH CARPENTRY…………………………………..Page 77
SECTION 062000 - FINISH CARPENTRY…………………………………… Page 81 SECTION 067300 COMPOSITE DECKING………………………………...Page 8 SECTION 085113 9,1</ WINDOWS…………………………………Page 8 SECTION 099000 PAINTING…………………………………………………Page 9
83 /,)(*8$5'72:(565(3/$&(0(17
528*+&$53(175< 
6(&7,21528*+&$53(175<
3$57*(1(5$/
 6800$5<
$ 6HFWLRQ,QFOXGHV

 )UDPLQJZLWKGLPHQVLRQOXPEHU
 3O\ZRRGVKHDWKLQJ
 :RRGEORFNLQJQDLOHUVDQGIXUULQJ
 $&7,2168%0,77$/6
$ 3URGXFW'DWD
)RUHDFKW\SHRISURFHVVDQGIDFWRU\IDEULFDWHGSURGXFW  ,QFOXGH GDWD IRU ZRRGSUHVHUYDWLYH WUHDWPHQW IURP FKHPLFDO WUHDWPHQW PDQXIDFWXUHUDQGFHUWLILFDWLRQE\WUHDWLQJSODQWWKDWWUHDWHGPDWHULDOVFRPSO\ZLWK UHTXLUHPHQWV
 ,1)250$7,21$/68%0,77$/6
$ 0DWHULDO &HUWLILFDWHV
  )RU GLPHQVLRQ OXPEHU VSHFLILHG WR FRPSO\ ZLWK PLQLPXP DOORZDEOHXQLWVWUHVVHV,QGLFDWHVSHFLHVDQGJUDGHVHOHFWHGIRUHDFKXVHDQGGHVLJQ YDOXHVDSSURYHGE\WKH$/6&%RDUGRI5HYLHZ
% (YDOXDWLRQ5HSRUWV
)RUWKHIROORZLQJIURP,&&(6

 :RRGSUHVHUYDWLYHWUHDWHGZRRG
 (QJLQHHUHGZRRGSURGXFWV
 3RZHUGULYHQIDVWHQHUV
 3RZGHUDFWXDWHGIDVWHQHUV
 ([SDQVLRQDQFKRUV
 0HWDOIUDPLQJDQFKRUV
3$57352'8&76
 :22'352'8&76*(1(5$/
$ /XPEHU
'2&36DQGDSSOLFDEOHUXOHVRIJUDGLQJDJHQFLHVLQGLFDWHG,IQRJUDGLQJ DJHQF\LVLQGLFDWHGSURYLGHOXPEHUWKDWFRPSOLHVZLWKWKHDSSOLFDEOHUXOHVRIDQ\UXOHV ZULWLQJDJHQF\FHUWLILHGE\WKH$/6&%RDUGRI5HYLHZ3URYLGHOXPEHUJUDGHGE\DQ DJHQF\FHUWLILHGE\WKH$/6&%RDUGRI5HYLHZWRLQVSHFWDQGJUDGHOXPEHUXQGHUWKH UXOHVLQGLFDWHG

84 /,)(*8$5'72:(565(3/$&(0(17
528*+&$53(175< 
 )DFWRU\PDUNHDFKSLHFHRIOXPEHUZLWKJUDGHVWDPSRIJUDGLQJDJHQF\  )RUH[SRVHGOXPEHULQGLFDWHGWR UHFHLYHD VWDLQHGRUQDWXUDOILQLVKPDUNJUDGH VWDPSRQHQGRUEDFNRIHDFKSLHFH
 3URYLGHGUHVVHGOXPEHU66XQOHVVRWKHUZLVHLQGLFDWHG % 0D[LPXP0RLVWXUH&RQWHQWRI/XPEHU

SHUFHQW
 :22'35(6(59$7,9(75($7('/80%(5
$ 3UHVHUYDWLYH7UHDWPHQWE\3UHVVXUH3URFHVV
$:3$8
8VH&DWHJRU\8&D
 3UHVHUYDWLYH &KHPLFDOV
$FFHSWDEOH WR DXWKRULWLHV KDYLQJ MXULVGLFWLRQ DQG FRQWDLQLQJQRDUVHQLFRUFKURPLXP
% .LOQGU\OXPEHUDIWHUWUHDWPHQWWRDPD[LPXPPRLVWXUHFRQWHQWRI SHUFHQW'RQRW
XVH PDWHULDO WKDW LV ZDUSHG RUWKDW GRHV QRW FRPSO\ ZLWK UHTXLUHPHQWVIRU XQWUHDWHG PDWHULDO
& 0DUN OXPEHU ZLWK WUHDWPHQW TXDOLW\ PDUN RI DQ LQVSHFWLRQ DJHQF\ DSSURYHG E\ WKH $/6&%RDUGRI5HYLHZ
' $SSOLFDWLRQ
7UHDWLWHPVLQGLFDWHGRQ'UDZLQJVDQGWKHIROORZLQJ

 :RRG FDQWV QDLOHUV FXUEV HTXLSPHQW VXSSRUW EDVHV EORFNLQJ VWULSSLQJ DQG VLPLODU PHPEHUV LQ FRQQHFWLRQ ZLWK URRILQJ IODVKLQJ YDSRU EDUULHUV DQG ZDWHUSURRILQJ
 :RRGVLOOVVOHHSHUVEORFNLQJIXUULQJVWULSSLQJDQGVLPLODUFRQFHDOHGPHPEHUV LQFRQWDFWZLWKPDVRQU\RUFRQFUHWH
 :RRGIUDPLQJDQGIXUULQJDWWDFKHGGLUHFWO\WRWKHLQWHULRURIEHORZJUDGHH[WHULRU PDVRQU\RUFRQFUHWHZDOOV
 :RRGIUDPLQJPHPEHUVWKDWDUHOHVVWKDQLQFKHV
PP
DERYHWKHJURXQG
LQFUDZOVSDFHVRUXQH[FDYDWHGDUHDV
 :RRGIORRUSODWHVWKDWDUHLQVWDOOHGRYHUFRQFUHWHVODEVRQJUDGH  ',0(16,21/80%(5)5$0,1*
$ /RDG%HDULQJ:DOOV
1RJUDGH
 $SSOLFDWLRQ
$OOZDOOVWXGVEORFNLQJQDLOHUVDQGIXUULQJ
 6SHFLHV

D 'RXJODVILUODUFK
:&/,%RU::3$
% )UDPLQJ2WKHU7KDQ:DOOV
1RJUDGH
 $SSOLFDWLRQ
$OO EHDPV MRLVWV VWULQJHUV EUDFLQJ IDVFLD ULP ERDUGV DQG FROXPQV
 6SHFLHV

D 'RXJODVILUODUFK
:&/,%RU::3$

85 /,)(*8$5'72:(565(3/$&(0(17
528*+&$53(175< 
& ([SRVHG )UDPLQJ
  3URYLGH PDWHULDO KDQGVHOHFWHG IRU XQLIRUPLW\ RI DSSHDUDQFH DQG IUHHGRPIURPFKDUDFWHULVWLFVRQH[SRVHGVXUIDFHVDQGHGJHVWKDWZRXOGLPSDLUILQLVK DSSHDUDQFH LQFOXGLQJ GHFD\ KRQH\FRPE NQRWKROHV VKDNH VSOLWV WRUQ JUDLQ DQG ZDQH
 $SSOLFDWLRQ
([SRVHGIUDPLQJ
 6SHFLHV DQG*UDGH
$V LQGLFDWHG DERYHIRU ORDGEHDULQJ FRQVWUXFWLRQ RI VDPH W\SH
 )$67(1(56
$ *HQHUDO
3URYLGHIDVWHQHUV RI VL]H DQGW\SH LQGLFDWHGWKDW FRPSO\ZLWK UHTXLUHPHQWV VSHFLILHGLQWKLVDUWLFOHIRUPDWHULDODQGPDQXIDFWXUH  3URYLGHIDVWHQHUVZLWKKRWGLS]LQFFRDWLQJFRPSO\LQJZLWK$670$$0 % 3RZHU'ULYHQ)DVWHQHUV
1(61(5
& %ROWV
  6WHHO EROWV FRPSO\LQJ ZLWK $670$ *UDGH$ $670)0 3URSHUW\
&ODVV

 ZLWK $670$
$670$0
 KH[ QXWV DQG ZKHUH LQGLFDWHG IODW
ZDVKHUV$OOEROWVQXWVDQGZDVKHUVVKDOOEHKRWGLSSHGJDOYDQL]HGXQOHVVQRWHGRQ GUDZLQJVDVVWDLQOHVVVWHHO
 0(7$/)5$0,1*$1&+256
$ 0DQXIDFWXUHUV
6XEMHFWWRFRPSOLDQFHZLWKUHTXLUHPHQWVSURYLGHSURGXFWLQGLFDWHGRQ 'UDZLQJVRUFRPSDUDEOHSURGXFWE\RQHRIWKHIROORZLQJRUDSSURYHGDOWHUQDWLYH

 &OHYHODQG6WHHO6SHFLDOW\&R
 .&0HWDOV3URGXFWV,QF
 3KRHQL[0HWDO3URGXFWV,QF
 6LPSVRQ6WURQJ7LH&R,QF
EDVLVRIGHVLJQSURGXFWV

 8636WUXFWXUDO&RQQHFWRUV
% $OORZDEOH'HVLJQ/RDGV
3URYLGHSURGXFWVZLWKDOORZDEOHGHVLJQORDGVDVSXEOLVKHG E\ PDQXIDFWXUHU WKDW PHHW RU H[FHHG WKRVH RI EDVLVRIGHVLJQ SURGXFWV 0DQXIDFWXUHU
VSXEOLVKHGYDOXHVVKDOOEHGHWHUPLQHGIURPHPSLULFDOGDWDRUE\UDWLRQDO HQJLQHHULQJ DQDO\VLV DQG GHPRQVWUDWHG E\ FRPSUHKHQVLYH WHVWLQJ SHUIRUPHG E\ D TXDOLILHGLQGHSHQGHQWWHVWLQJDJHQF\
& *DOYDQL]HG6WHHO 6KHHW
+RWGLS ]LQFFRDWHG VWHHO VKHHW FRPSO\LQJ ZLWK
$670$$0*
=
FRDWLQJGHVLJQDWLRQ
 8VHIRULQWHULRUORFDWLRQVXQOHVVRWKHUZLVHLQGLFDWHG ' +RW'LS +HDY\*DOYDQL]HG 6WHHO 6KHHW
  $670$$0
 VWUXFWXUDO VWHHO
66 
KLJKVWUHQJWK ORZDOOR\ VWHHO7\SH$
+6/$67\SH$
 RU KLJKVWUHQJWK ORZDOOR\ VWHHO
7\SH%
+6/$6 7\SH%

 *
=
 FRDWLQJ GHVLJQDWLRQ
 DQG QRW OHVV WKDQ 
LQFK

PP
WKLFN


86 /,)(*8$5'72:(565(3/$&(0(17
528*+&$53(175< 
 8VHIRUZRRGSUHVHUYDWLYHWUHDWHGOXPEHUDQGZKHUHLQGLFDWHG 3$57(;(&87,21
 ,167$//$7,21*(1(5$/
$ 6HWURXJKFDUSHQWU\WRUHTXLUHGOHYHOVDQGOLQHVZLWKPHPEHUVSOXPEWUXHWROLQHFXW DQG ILWWHG )LW URXJK FDUSHQWU\ WR RWKHU FRQVWUXFWLRQ  VFULEH DQG FRSH DV QHHGHGIRU
DFFXUDWHILW/RFDWHIXUULQJQDLOHUVEORFNLQJJURXQGVDQGVLPLODUVXSSRUWVWRFRPSO\ ZLWKUHTXLUHPHQWVIRUDWWDFKLQJRWKHUFRQVWUXFWLRQ
% 5RXJKFDUSHQWU\ZRUNVKDOOEHLQVWDOOHGLQDILUVWFODVVZRUNPDQOLNHPDQQHUDFFRUGLQJ WRGLPHQVLRQDQGGHWDLOYHUWLFDOOHYHODQGWUXHDVUHTXLUHG&XWVVKDOOEHVTXDUHDQG SOXPE )DVWHQHUV VKDOO EH SURYLGHG LQ DFFRUGDQFH ZLWK FRGHV DSSOLFDEOH VWDQGDUGV DQGDVUHTXLUHGWRGHYHORSWKHIXOOFDSDFLW\RIWKHPHPEHUV & )UDPLQJ 6WDQGDUG
  &RPSO\ ZLWK $) 3$
V :&' 'HWDLOV IRU &RQYHQWLRQDO :RRG
)UDPH&RQVWUXFWLRQXQOHVVRWKHUZLVHLQGLFDWHG
' 0HWDO)UDPLQJ$QFKRUV
,QVWDOOPHWDOIUDPLQJ DQFKRUVWR FRPSO\ZLWKPDQXIDFWXUHU V
ZULWWHQLQVWUXFWLRQV,QVWDOOIDVWHQHUVWKURXJKHDFKIDVWHQHUKROH ( 'RQRWVSOLFHVWUXFWXUDOPHPEHUVEHWZHHQVXSSRUWVXQOHVVRWKHUZLVHLQGLFDWHG ) &RPSO\ ZLWK $:3$0 IRU DSSO\LQJ ILHOG WUHDWPHQW WR FXW VXUIDFHV RI SUHVHUYDWLYH WUHDWHGOXPEHU
* :KHUHZRRGSUHVHUYDWLYHWUHDWHGOXPEHULVLQVWDOOHGDGMDFHQWWRPHWDOGHFNLQJLQVWDOO FRQWLQXRXVIOH[LEOHIODVKLQJVHSDUDWRUEHWZHHQZRRGDQGPHWDOGHFNLQJ + 6HFXUHO\ DWWDFK URXJK FDUSHQWU\ ZRUN WR VXEVWUDWH E\ DQFKRULQJ DQG IDVWHQLQJ DV LQGLFDWHGFRPSO\LQJZLWKWKHIROORZLQJ

 1(61(5IRUSRZHUGULYHQIDVWHQHUV
 7DEOH
)DVWHQLQJ6FKHGXOHLQ,&&
V,QWHUQDWLRQDO%XLOGLQJ&RGH
 7DEOH5

 )DVWHQHU 6FKHGXOH IRU 6WUXFWXUDO 0HPEHUV DQG 7DEOH5

 $OWHUQDWH $WWDFKPHQWV LQ ,&&
V ,QWHUQDWLRQDO 5HVLGHQWLDO
&RGHIRU2QHDQG7ZR)DPLO\'ZHOOLQJV
 3527(&7,21
$ 3URWHFWURXJKFDUSHQWU\IURPZHDWKHU,IGHVSLWHSURWHFWLRQURXJKFDUSHQWU\EHFRPHV VXIILFLHQWO\ ZHW WKDW PRLVWXUH FRQWHQW H[FHHGV WKDW VSHFLILHG DSSO\ (3$UHJLVWHUHG ERUDWH WUHDWPHQW  $SSO\ ERUDWH VROXWLRQ E\ VSUD\LQJ WR FRPSO\ ZLWK (3$UHJLVWHUHG ODEHO
(1'2)6(&7,21

87 55452.01510\32905704.2 81
SECTION 00800

TECHNICAL SPECIFICATIONS
6(&7,21   ),1,6+ &$53(175<
3$57*(1(5$/

1.1 SUMMARY
A. Section Includes:

1. Finish Moldings and Wood Trim

2. Exterior Plywood Siding

3. Guardrail

1.2 QUALITY ASSURANCE
A. Reference Standards: Conform with requirements of U.S. Department of Commerce Commercial and Products Standards and American Wood Preservers Association Standards, as they apply.

B. Lumber Grading Rules: Conform with applicable requirements of U.S. Department of Commerce American Softwood Lumber Standard PS 20-70 and to grading rules of manufacturer's association under whose rules the lumber is produced.

C. Work and materials shall conform to Quality Standards of the Architectural Woodwork Industry, latest edition, published by Architectural Woodwork Institute, Chesterfield House - Suite A, 5055 South Chesterfield Road, Arlington, Virginia 22206 as modified herein and on the drawings.

1.3 ACTION SUBMITTALS
A. Product Data: For each type of process and factory fabricated product B. Material Safety and Data Sheets
C. Installation instructions
D. Dimensioned shop drawings
E. Samples

1.4 INFORMATIONAL SUBMITTALS
A. Compliance Certificates:

1. For lumber that is not marked with grade stamp.

2. For preservative-treated wood that is not marked with treatment-quality mark.

B. Evaluation Reports: For the following, from ICC-ES:

1. Wood-preservative-treated wood.
/,)(*8$5'72:(565(3/$&(0(17
88 /,)(*8$5'72:(565(3/$&(0(17
),1,6+&$53(175< 
6(&7,21),1,6+&$53(175<
3$57*(1(5$/
 6800$5<
$ 6HFWLRQ,QFOXGHV

 )LQLVK0ROGLQJVDQG:RRG7ULP
 ([WHULRU3O\ZRRG6LGLQJ
 *XDUGUDLO
 48$/,7<$6685$1&(
$ 5HIHUHQFH6WDQGDUGV
&RQIRUPZLWKUHTXLUHPHQWVRI86'HSDUWPHQWRI&RPPHUFH &RPPHUFLDODQG3URGXFWV6WDQGDUGVDQG$PHULFDQ:RRG3UHVHUYHUV$VVRFLDWLRQ 6WDQGDUGVDVWKH\DSSO\
% /XPEHU*UDGLQJ5XOHV
&RQIRUPZLWKDSSOLFDEOHUHTXLUHPHQWVRI86'HSDUWPHQWRI &RPPHUFH$PHULFDQ6RIWZRRG/XPEHU6WDQGDUG36DQGWRJUDGLQJUXOHVRI

PDQXIDFWXUHU
VDVVRFLDWLRQXQGHUZKRVHUXOHVWKHOXPEHULVSURGXFHG & :RUNDQGPDWHULDOVVKDOOFRQIRUPWR4XDOLW\6WDQGDUGVRIWKH$UFKLWHFWXUDO:RRGZRUN ,QGXVWU\ODWHVWHGLWLRQSXEOLVKHGE\$UFKLWHFWXUDO:RRGZRUN,QVWLWXWH&KHVWHUILHOG +RXVH6XLWH$6RXWK&KHVWHUILHOG5RDG$UOLQJWRQ9LUJLQLDDVPRGLILHG KHUHLQDQGRQWKHGUDZLQJV
 $&7,2168%0,77$/6
$ 3URGXFW'DWD
)RUHDFKW\SHRISURFHVVDQGIDFWRU\IDEULFDWHGSURGXFW % 0DWHULDO6DIHW\DQG'DWD6KHHWV
& ,QVWDOODWLRQLQVWUXFWLRQV
' 'LPHQVLRQHGVKRSGUDZLQJV
( 6DPSOHV
 ,1)250$7,21$/68%0,77$/6
$ &RPSOLDQFH&HUWLILFDWHV

 )RUOXPEHUWKDWLVQRWPDUNHGZLWKJUDGHVWDPS
 )RUSUHVHUYDWLYHWUHDWHGZRRGWKDWLVQRWPDUNHGZLWKWUHDWPHQWTXDOLW\PDUN % (YDOXDWLRQ5HSRUWV
)RUWKHIROORZLQJIURP,&&(6

 :RRGSUHVHUYDWLYHWUHDWHGZRRG

89 /,)(*8$5'72:(565(3/$&(0(17
),1,6+&$53(175< 
3$57352'8&76
 0$7(5,$/6
$ 0LOOZRUN
 0LOOZRUNDQGILQLVKZRRGWULPVKDOOEH3LQH&6HOHFWRUEHWWHUVL]HGDVLQGLFDWHG RQWKHGUDZLQJVXQOHVVQRWHGRUVSHFLILHGRWKHUZLVH)LQJHUMRLQWHGWULPLV SHUPLWWHGZKHUHPLOOZRUNLVVFKHGXOHGIRUSDLQWLQJ
% )LQLVK7ULP
 )LQLVKZRRGWULPVKDOOEHDVVL]HGRQWKHGUDZLQJV
& ([WHULRU3O\ZRRG6LGLQJDQG5RRI6KHDWKLQJ
 *HQHUDO
3URYLGHH[WHULRUJUDGHSO\ZRRGSDQHOV6L]HGDVLQGLFDWHGRQWKH

GUDZLQJV
' )DVWHQHUV
 $OO)DVWHQHUVRQWKHH[SRVHGH[WHULRUVKDOOEHFRUURVLRQUHVLVWDQWPDWHULDO 3$57(;(&87,21
 35(3$5$7,21
$ 3ULPH OXPEHU DQG PROGLQJV WR EH SDLQWHG LQFOXGLQJ ERWK IDFHV DQG HGJHV XQOHVV IDFWRU\ SULPHG &XW WR UHTXLUHG OHQJWKV DQG SULPH HQGV &RPSO\ ZLWK UHTXLUHPHQWVLQ6HFWLRQ

3DLQWLQJ
 ,167$//$7,21*(1(5$/
$ ,QVWDOOH[WHULRUILQLVKFDUSHQWU\OHYHOSOXPEWUXHDQGDOLJQHGZLWKDGMDFHQW PDWHULDOV8VHFRQFHDOHGVKLPVZKHUHQHFHVVDU\IRUDOLJQPHQW % 6FULEHDQGFXWH[WHULRUILQLVKFDUSHQWU\WRILWDGMRLQLQJZRUN5HILQLVKDQGVHDO FXWVDVUHFRPPHQGHGE\PDQXIDFWXUHU
& -RLQWVVKDOOEHQHDWDQGZRUNPDQOLNHWLJKWDQGIRUPHGWRFRQFHDOVKULQNDJH ' 7ULPVKDOOEHLQVLQJOHOHQJWKVZLWKRXWVSOLFLQJ5XQQLQJILQLVKVKDOOEHLQORQJ OHQJWKVDQGMRLQWHGRQO\ZKHUHVROLGIDVWHQLQJVFDQEHPDGH(QGMRLQWVLQ EXLOWXSPHPEHUVVKDOOEHZHOOGLVWULEXWHG0LWHUH[WHULRUFRUQHUVDQGFRSH LQWHULRUDQJOHV

90 /,)(*8$5'72:(565(3/$&(0(17
),1,6+&$53(175< 
( 3URYLGHDOOIXUULQJEORFNLQJDQGJURXQGVDVUHTXLUHGIRUVHFXULQJZRUNLQSODFH :KHUHUHTXLUHGFDUHIXOO\VFULEHZRRGZRUNWRZDOOVDQGRWKHUDGMDFHQWZRUN ) 1DLOLQJZKHQHYHUSRVVLEOHVKDOOEHDFFRPSOLVKHGIURPEOLQGVLGHVRU FRQFHDOHGVXUIDFHV
* 6XUIDFHVRIFRUHPDWHULDOVVKDOOEHVPRRWKHYHQIUHHIURPGLUWDQGDOOIRUHLJQ PDWWHU&RXQWHUVLQNQDLOV
ILOOKROHVFUDFNVRUMRLQWVZLWKSODVWLFZRRG
VDQGIOXVK
ZLWKDGMRLQLQJVXUIDFH
 3/<:22'6,',1*$1'522)6+($7+,1*
$ ,QVWDOOSDQHOVZLWKHGJHVRYHUIUDPLQJRUEORFNLQJ1DLODWLQFKHVRFDWSDQHO SHULPHWHUDQGLQFKHVRFDWLQWHUPHGLDWHVXSSRUWVXQOHVVPDQXIDFWXUHURU GUDZLQJVUHTXLUHRWKHUVSDFLQJ/HDYHLQFKJDSEHWZHHQDGMDFHQWSDQHOV DQGLQFKJDSDWSHULPHWHURSHQLQJVDQGKRUL]RQWDOMRLQWVXQOHVVRWKHUZLVH UHFRPPHQGHGE\SDQHOPDQXIDFWXUHU
% 6HDOEXWWMRLQWVDWLQVLGHDQGRXWVLGHFRUQHUVDQGDWWULPORFDWLRQV ,QVWDOOFRQWLQXRXVPHWDOIODVKLQJDWKRUL]RQWDOSDQHOMRLQWV  ),1$/$&&(37$1&(
$ $WFRPSOHWLRQRIZRUNUHSDLUDQGUHVWRUHDQ\PDUUHGVRLOHGRUGDPDJHGILQLVKHV VRDVWRUHFHLYHWKHVSHFLILHGILQLVK
% 3ODQHVFUDSHDQGILQDOVDQGZRRGWRSUHSDUHIRUILQLVKHVXQGHU6HFWLRQ


(1'2)6(&7,21

91 /,)(*8$5'72:(565(3/$&(0(17
&20326,7('(&.,1* 
6(&7,21±&20326,7('(&.,1*
3$57*(1(5$/
 6800$5<
$ 6HFWLRQ,QFOXGHV

 &RPSRVLWHGHFNLQJ
 5(/$7('5(48,5(0(176
$ 6HFWLRQ³5RXJK&DUSHQWU\´
 $&7,2168%0,77$/6
$ 3URGXFW'DWD
)RUFRPSRVLWHGHFNLQJ,QFOXGHLQVWDOODWLRQLQVWUXFWLRQV % 6DPSOHV
)RUGHFNLQJQRWOHVVWKDQLQFKHVORQJVKRZLQJWKHUDQJHRIYDULDWLRQWR EHH[SHFWHGLQDSSHDUDQFHRIGHFNLQJLQFOXGLQJVXUIDFHWH[WXUH  ,1)250$7,21$/68%0,77$/6
$ (YDOXDWLRQ5HSRUWV
)RUWKHIROORZLQJIURP,&&(6

 &RPSRVLWHGHFNLQJ
 '(/,9(5<6725$*($1'+$1'/,1*
$ 6WRUHPDWHULDOVXQGHUFRYHUDQGSURWHFWHGIURPZHDWKHUDQGFRQWDFWZLWKGDPSRUZHW VXUIDFHV 6WDFN PDWHULDOV IODW ZLWK VSDFHUV EHWZHHQ HDFK EXQGOH WR SURYLGH DLU FLUFXODWLRQDURXQGVWDFNVDQGXQGHUFRYHULQJV
% +DQGOHDQGVWRUHGHFNLQJPDWHULDOVWRFRPSO\ZLWKPDQXIDFWXUHUV¶ZULWWHQLQVWUXFWLRQV $WDPLQLPXPSURYLGHZRRGGXQQDJHDWIHHWPD[LPXPRQFHQWHUVSDFLQJDQGZLWKLQ IHHWRIERDUGHQGV
 ,1)250$7,21$/68%0,77$/6
$ (YDOXDWLRQ5HSRUWV
)RUWKHIROORZLQJIURP,&&(6

 &RPSRVLWHGHFNLQJ

92 /,)(*8$5'72:(565(3/$&(0(17
&20326,7('(&.,1* 
3$57352'8&76
 ',0(16,21/80%(5)5$0,1*
$ 'HFNDQG6WDLU)UDPLQJ
$VVSHFLILHGLQ6HFWLRQ
 3/$67,&&20326,7('(&.,1*
$ %DVLF RI 'HVLJQ 3URGXFW
 6XEMHFW WR FRPSOLDQFH ZLWK UHTXLUHPHQWV SURYLGH $=(. %XLOGLQJ 3URGXFWV 7LPEHU7HFK $=(. /DQGPDUN &ROOHFWLRQ RU FRPSDUDEOH HTXDO SUH DSSURYHGSURGXFW
% $OO3ODVWLF 'HFNLQJ
 6ROLG FDSSHG IRXUVLGHG VKDSHV PDGH IURP +'3( 39& SRO\VW\UHQHRUFHOOXODU39&
ZLWKQRFHOOXORVHILEHU
 'HFNLQJ6WDQGDUG
,&&(6$&
 'HFNLQJ6L]H
E\LQFKHVDFWXDO
 'HFNLQJ /HQJWK
 IW  IW RU IW OHQJWK ERDUGV DV UHTXLUHG IRU IXOO OHQJWK ERDUGVDFURVVGHFNZLGWK
 &RQILJXUDWLRQ
3URYLGHGSURGXFWZLWKVTXDUHHGJHV
 &RORU
$VLQGLFDWHGRQGUDZLQJV
SURYLGHSURGXFWVDPSOHIRUUHYLHZDQGDSSURYDO
 )DVFLD%RDUG
E\LQFKHVE\IW$FWXDOPDWFKLQJGHFNLQJFRORU & )DVWHQHUV
 &HUDPLFFRDWHGRUVWDLQOHVVVWHHOVFUHZVPLQLPXP
VL]HLQVXIILFLHQWOHQJWKWR
SHQHWUDWHQRWOHVVWKDQLQFKHVLQWRZRRGIUDPLQJVXEVWUDWH 3$57(;(&87,21
 (;$0,1$7,21
$ ([DPLQH VXEVWUDWHV DQG FRQGLWLRQV ZLWK ,QVWDOOHU SUHVHQW IRU FRPSOLDQFH ZLWK UHTXLUHPHQWV IRU LQVWDOODWLRQ WROHUDQFH DQG RWKHU FRQGLWLRQV DIIHFWLQJ SHUIRUPDQFH RI WKHZRUN
% 3URFHHGZLWKLQVWDOODWLRQRQO\DIWHUXQVDWLVIDFWRU\FRQGLWLRQVKDYHEHHQFRUUHFWHG  35(3$5$7,21
$ &OHDQVXEVWUDWHVRISURMHFWLRQVDQGVXEVWDQFHVGHWULPHQWDOWRDSSOLFDWLRQ  ,167$//$7,21
$ 6HWZRUNWRUHTXLUHGOHYHOVDQGOLQHVZLWKPHPEHUVSOXPEWUXHWROLQHFXWDQGILWWHG )LWZRUNWRRWKHUFRQVWUXFWLRQ
VFULEHDQGFRSHDVQHHGHGIRUDFFXUDWHILW

93 /,)(*8$5'72:(565(3/$&(0(17
&20326,7('(&.,1* 
% ,QVWDOOGHFNLQJLQDFFRUGDQFHZLWKPDQXIDFWXUHU¶VZULWWHQLQVWUXFWLRQV & 6HFXUHGHFNLQJWRZRRGIUDPLQJZLWKH[SRVHGIDVWHQHUV ' 3URYLGHEORFNLQJDQGIUDPLQJDVLQGLFDWHGDQGDVUHTXLUHGWRVXSSRUWIDFLQJPDWHULDOV IL[WXUHVVSHFLDOW\LWHPVDQGWULP
( )RUH[SRVHGZRUNDUUDQJHIDVWHQHUVLQVWUDLJKWURZVSDUDOOHOZLWKHGJHVRIPHPEHUV ZLWKIDVWHQHUVHYHQO\VSDFHGDQGZLWKDGMDFHQWURZVVWDJJHUHG (1'2)6(&7,21

94 /,)(*8$5'72:(565(3/$&(0(17
9,1</:,1'2:6 
6(&7,21±9,1</:,1'2:6
3$57*(1(5$/
 6800$5<
$ 7KLV6HFWLRQLQFOXGHVRSHUDEOHYLQ\OIUDPHGZLQGRZV  3(5)250$1&(5(48,5(0(176
$ *HQHUDO
3URYLGHYLQ\OZLQGRZVFDSDEOHRIFRPSO\LQJZLWKSHUIRUPDQFHUHTXLUHPHQWV LQGLFDWHG EDVHG RQ WHVWLQJ PDQXIDFWXUHU
V ZLQGRZV WKDW DUH UHSUHVHQWDWLYH RI WKRVH
VSHFLILHGDQGWKDWDUHRIWHVWVL]HUHTXLUHGE\$$0$:'0$,61$)6 % 6WUXFWXUDO3HUIRUPDQFH
3URYLGHYLQ\OZLQGRZVFDSDEOHRIZLWKVWDQGLQJWKHHIIHFWVRI WKHIROORZLQJORDGVEDVHGRQWHVWLQJXQLWVUHSUHVHQWDWLYHRIWKRVHLQGLFDWHGIRU3URMHFW WKDWSDVV$$0$:'0$,61$)68QLIRUP/RDG6WUXFWXUDO7HVW

 'HVLJQ :LQG /RDGV
  'HWHUPLQH GHVLJQ ZLQG ORDGV DSSOLFDEOH WR 3URMHFW IURP EDVLFZLQGVSHHGLQGLFDWHGLQPLOHVSHUKRXUDWIHHWDERYHJUDGHDFFRUGLQJWR $6&( 6HFWLRQ 0HWKRG $QDO\WLFDO 3URFHGXUH EDVHG RQ PHDQ URRI KHLJKWVDERYHJUDGHLQGLFDWHGRQ'UDZLQJV
D %DVLF:LQG6SHHG

PSK
E ([SRVXUH&DWHJRU\
'
& :LQGERUQH'HEULV 5HVLVWDQFH
  3URYLGH JOD]HG ZLQGRZV FDSDEOH RI UHVLVWLQJ LPSDFW IURP ZLQGERUQH GHEULV EDVHG RQ WKH SDVVIDLO FULWHULD DV GHWHUPLQHG IURP WHVWLQJ JOD]HG ZLQGRZV LGHQWLFDO WR WKRVH VSHFLILHG DFFRUGLQJ WR $670( DQG WHVWLQJ LQIRUPDWLRQLQ$670(

DQGUHTXLUHPHQWVRIDXWKRULWLHVKDYLQJMXULVGLFWLRQ
 68%0,77$/6
$ 3URGXFW'DWD
)RUHDFKW\SHRIYLQ\OZLQGRZLQGLFDWHG
% 6KRS'UDZLQJV
,QFOXGHSODQVHOHYDWLRQVVHFWLRQVGHWDLOVKDUGZDUHDWWDFKPHQWVWR RWKHUZRUNRSHUDWLRQDOFOHDUDQFHVDQGLQVWDOODWLRQGHWDLOV & 6DPSOHV
 &RORUVDPSOHV
0LQLPXP´[´VDPSOHVRI9LQ\OILQLVK
 *ODVVVKRZLQJVSHFLILHGWLQWFRORU
0LQLPXP´[´VDPSOHV
' 3URGXFWWHVWUHSRUWV
( 0DLQWHQDQFHGDWD

95 /,)(*8$5'72:(565(3/$&(0(17
9,1</:,1'2:6 
) 4XDOLW\$VVXUDQFH&RQWURO6XEPLWWDOV

 4XDOLILFDWLRQV
3URRIRIPDQXIDFWXUHU
VTXDOLILFDWLRQV
 8)DFWRU DQG VWUXFWXUDO UDWLQJ FKDUWV UHTXLUHG IRU $$0$ DQG 1)5& ODEHOLQJ UHTXLUHPHQWV
 ,QVWDOODWLRQ,QVWUXFWLRQV±$$0$
³0RXQWLQJ)ODQJH,QVWDOODWLRQ´

 48$/,7<$6685$1&(
$ 2YHUDOO6WDQGDUGV
&RPSO\ZLWK$16,$$0$,6H[FHSWDVRWKHUZLVHQRWHG KHUHLQ
% ,QVWDOOHU
$TXDOLILHGLQVWDOOHUDSSURYHGE\PDQXIDFWXUHUWRLQVWDOOPDQXIDFWXUHU V
SURGXFWV
& 0DQXIDFWXUHU4XDOLILFDWLRQV
 0LQLPXP ILYH \HDUV¶ H[SHULHQFH LQ SURGXFLQJ DOXPLQXP ZLQGRZV RIWKHW\SH V

VSHFLILHG
 0HPEHU$$0$1)5&
' 3XEOLFDWLRQV
&RPSO\ZLWKSXEOLVKHGUHFRPPHQGDWLRQVRIJODVVPDQXIDFWXUHUVDQGZLWK *$1$
V*OD]LQJ0DQXDOXQOHVVPRUHVWULQJHQWUHTXLUHPHQWVDUHLQGLFDWHG ( &HUWLILFDWLRQVIRULQVXODWHGJODVVZLQGRZV
 $$0$
:LQGRZV VKDOO EH *ROG /DEHO FHUWLILHG ZLWK ODEHO DWWDFKHGWRIUDPH SHU $$0$UHTXLUHPHQWV
 1)5&
:LQGRZVVKDOOEH1)5&FHUWLILHGZLWKWHPSRUDU\8IDFWRUODEHODSSOLHGWR JODVVDQGDQ1)5&WDEDGGHGWRSHUPDQHQW$$0$IUDPHODEHO  :$55$17<
$ 6SHFLDO :DUUDQW\
  0DQXIDFWXUHU
V VWDQGDUG IRUP LQ ZKLFK PDQXIDFWXUHU DJUHHV WR
UHSDLU RU UHSODFH ZLQGRZV WKDW IDLO LQ PDWHULDOV RU ZRUNPDQVKLS ZLWKLQ VSHFLILHG ZDUUDQW\SHULRG
 )DLOXUHVLQFOXGHEXWDUHQRWOLPLWHGWRWKHIROORZLQJ

D )DLOXUHWRPHHWSHUIRUPDQFHUHTXLUHPHQWV
E 6WUXFWXUDO IDLOXUHV LQFOXGLQJ H[FHVVLYH GHIOHFWLRQ ZDWHU OHDNDJH DLU LQILOWUDWLRQRUFRQGHQVDWLRQ
F )DXOW\RSHUDWLRQRIPRYDEOHVDVKDQGKDUGZDUH
G 'HWHULRUDWLRQ RI YLQ\O RWKHU PDWHULDOV DQG ILQLVKHV EH\RQG QRUPDO ZHDWKHULQJ
H )DLOXUHRILQVXODWLQJJODVV
 :DUUDQW\3HULRG



96 /,)(*8$5'72:(565(3/$&(0(17
9,1</:,1'2:6 
D :LQGRZ
7HQ\HDUVIURPGDWHRI6XEVWDQWLDO&RPSOHWLRQ
E *OD]LQJ
7HQ\HDUVIURPGDWHRI6XEVWDQWLDO&RPSOHWLRQ
F 9LQ\O)LQLVK
7HQ\HDUVIURPGDWHRI6XEVWDQWLDO&RPSOHWLRQ
3$57352'8&76
 0$18)$&785(56
$ %DVLVRI'HVLJQ 3URGXFW
6XEMHFW WR FRPSOLDQFH ZLWK UHTXLUHPHQWV SURYLGH D FRPSDUDEOHSURGXFWWRWKHIROORZLQJ

 -(/':(1%XLOGHUV9LQ\O
 :,1'2:
$ :LQGRZ7\SH
$VLQGLFDWHGEHORZ

 6LQJOH+XQJ6LGH/RDG6LQJOH8QLW7HPSHUHG*ODVV1R*ULOOH,QWHJUDO1DLOLQJ )LQ%URQ]H7LQWHG
% &RPSO\ZLWK$$0$:'0$,61$)6
 3HUIRUPDQFH&ODVVDQG*UDGH
&:
& &RQGHQVDWLRQ5HVLVWDQFH )DFWRU
&5)

  3URYLGH YLQ\O ZLQGRZV WHVWHG IRU WKHUPDO
SHUIRUPDQFHDFFRUGLQJWR$$0$VKRZLQJD&5)RI ' 7KHUPDO 7UDQVPLWWDQFH
  3URYLGH YLQ\O ZLQGRZV ZLWK D ZKROHZLQGRZ 8IDFWRU PD[LPXPLQGLFDWHGDWPSKH[WHULRUZLQGYHORFLW\DQGZLQWHUFRQGLWLRQWHPSHUDWXUHV ZKHQWHVWHGDFFRUGLQJWR$$0$
 8)DFWRU
%WXVTIW[K[GHJ)RUOHVV
 6RODU +HDW*DLQ &RHIILFLHQW
6+*&

  3URYLGH YLQ\O ZLQGRZV ZLWK D ZKROHZLQGRZ
6+*&PD[LPXPRIGHWHUPLQHGDFFRUGLQJWR1)5&SURFHGXUHV  *(1(5$/3(5)250$1&(5(48,5(0(176
$ $LU/HDNDJH:DWHU5HVLVWDQFH6WUXFWXUDO7HVW
&RPSO\ZLWK$16,$$0$,6
% )RUFHG(QWU\5HVLVWDQFH
&RPSO\ZLWK$670(
 */$=,1*
$ 7HPSHUHG*ODVV$670(&ODVV$LQFKWKLFN


97 /,)(*8$5'72:(565(3/$&(0(17
9,1</:,1'2:6 
% *OD]LQJ 6\VWHP
0DQXIDFWXUHU
V VWDQGDUG IDFWRU\JOD]LQJ V\VWHP WKDW SURGXFHV
ZHDWKHUWLJKWVHDODQGFRPSOLHVZLWKUHTXLUHPHQWVIRUZLQGERUQHGHEULVUHVLVWDQFH  */$=,1*
$ 7HPSHUHG%URQ]H*ODVV$670(&ODVV$LQFKWKLFN % *OD]LQJ 6\VWHP
0DQXIDFWXUHU
V VWDQGDUG IDFWRU\JOD]LQJ V\VWHP WKDW SURGXFHV
ZHDWKHUWLJKWVHDODQGFRPSOLHVZLWKUHTXLUHPHQWVIRUZLQGERUQHGHEULVUHVLVWDQFH  )$%5,&$7,21
$ )DEULFDWHZLQGRZVWKDWDUHUHJOD]DEOHZLWKRXWGLVPDQWOLQJVDVKRUYHQWLODWRUIUDPLQJ % :HDWKHU 6WULSSLQJ
  3URYLGH IXOOSHULPHWHU ZHDWKHU VWULSSLQJ IRU HDFK RSHUDEOH VDVK DQGYHQWLODWRU
& 0XOOLRQV
3URYLGHPXOOLRQVDQGFRYHUSODWHVDVVKRZQFRPSDWLEOHZLWKZLQGRZXQLWV FRPSOHWHZLWKDQFKRUVIRUVXSSRUWWRVWUXFWXUHDQGLQVWDOODWLRQRIZLQGRZXQLWV$OORZ IRU HUHFWLRQ WROHUDQFHV DQG SURYLGH IRU PRYHPHQW RI ZLQGRZ XQLWV GXH WR WKHUPDO H[SDQVLRQ DQG EXLOGLQJ GHIOHFWLRQV DV LQGLFDWHG  3URYLGH PXOOLRQV DQG FRYHU SODWHV FDSDEOH RI ZLWKVWDQGLQJ GHVLJQ ORDGV RI ZLQGRZ XQLWV  3URYLGH PDQXIDFWXUHU V
VWDQGDUGILQLVKWRPDWFKZLQGRZXQLWV
' 6XEIUDPHV
3URYLGHVXEIUDPHVZLWKDQFKRUVIRUZLQGRZXQLWVDVVKRZQRISURILOHDQG GLPHQVLRQVLQGLFDWHGEXWQRWOHVVWKDQLQFKWKLFNH[WUXGHGDOXPLQXP0LWHURU FRSH FRUQHUVDQGZHOGDQGGUHVV VPRRWKZLWK FRQFHDOHGPHFKDQLFDOMRLQWIDVWHQHUV 3URYLGH PDQXIDFWXUHU
V VWDQGDUG ILQLVK WR PDWFK ZLQGRZ XQLWV  3URYLGH VXEIUDPHV FDSDEOHRIZLWKVWDQGLQJGHVLJQORDGVRIZLQGRZXQLWV
( *OD]LQJ6WRSV
3URYLGHQDLOHGRUVQDSRQJOD]LQJVWRSVFRRUGLQDWHG3URYLGHJOD]LQJ VWRSVWRPDWFKVDVKDQGYHQWLODWRUIUDPHV
 9,1</),1,6+(6
$ ,QWHJUDO )LQLVK DQG &RORU
  8QLIRUP VROLG KRPRJHQHRXV ³'HVHUW 6DQG´ LQWHULRU DQG H[WHULRU
3$57(;(&87,21
 ,167$//$7,21
$ &RPSO\ ZLWK 'UDZLQJV 6KRS 'UDZLQJV DQG PDQXIDFWXUHU V ZULWWHQ LQVWUXFWLRQV IRU
LQVWDOOLQJZLQGRZVKDUGZDUHDFFHVVRULHVDQGRWKHUFRPSRQHQWV


98 /,)(*8$5'72:(565(3/$&(0(17
9,1</:,1'2:6 
% ,QVWDOOZLQGRZVOHYHOSOXPEVTXDUHWUXHWROLQHZLWKRXWGLVWRUWLRQRULPSHGLQJWKHUPDO PRYHPHQW DQFKRUHG VHFXUHO\ LQ SODFHWR VWUXFWXUDO VXSSRUW DQG LQ SURSHU UHODWLRQWR ZDOOIODVKLQJDQGRWKHUDGMDFHQWFRQVWUXFWLRQ
& 6HW VLOO PHPEHUV LQ EHG RI VHDODQW RU ZLWK JDVNHWV DV LQGLFDWHG IRU ZHDWKHUWLJKW FRQVWUXFWLRQ
' 6HSDUDWH DOXPLQXP DQG RWKHU FRUURGLEOH VXUIDFHV IURP VRXUFHV RI FRUURVLRQ RU HOHFWURO\WLFDFWLRQDWSRLQWVRIFRQWDFWZLWKRWKHUPDWHULDOV ( $GMXVWRSHUDWLQJVDVKHVDQGYHQWLODWRUVVFUHHQVKDUGZDUHDQGDFFHVVRULHVIRUDWLJKW ILW DW FRQWDFW SRLQWV DQG ZHDWKHU VWULSSLQJ IRU VPRRWK RSHUDWLRQ DQG ZHDWKHUWLJKW FORVXUH/XEULFDWHKDUGZDUHDQGPRYLQJSDUWV
) &OHDQ H[SRVHG VXUIDFHV LPPHGLDWHO\ DIWHU LQVWDOOLQJ ZLQGRZV  $YRLG GDPDJLQJ SURWHFWLYHFRDWLQJVDQGILQLVKHV5HPRYHH[FHVVVHDODQWVJOD]LQJPDWHULDOVGLUWDQG RWKHUVXEVWDQFHV
* &OHDQ IDFWRU\JOD]HG JODVV LPPHGLDWHO\ DIWHU LQVWDOOLQJ ZLQGRZV  &RPSO\ ZLWK

PDQXIDFWXUHU
VZULWWHQUHFRPPHQGDWLRQVIRUILQDOFOHDQLQJDQGPDLQWHQDQFH5HPRYH QRQSHUPDQHQWODEHOVDQGFOHDQVXUIDFHV
+ 5HPRYH DQG UHSODFH JODVV WKDW KDV EHHQ EURNHQ FKLSSHG FUDFNHG DEUDGHG RU GDPDJHGGXULQJFRQVWUXFWLRQSHULRG
(1'2)6(&7,21


99 /,)(*8$5'72:(565(3/$&(0(17
3$,17,1* 


6(&7,21

3$,17,1*
3$57*(1(5$/
 6800$5<
$ 3DLQWDOOZRUNZKLFKLVLGHQWLILHGRQWKHGUDZLQJVRUVSHFLILHGKHUHLQ3DLQWLQJZRUN VSHFLILHGKHUHLQFOXGHV

 :RRG'RRUVDQG)UDPHV
 0LVFHOODQHRXV0HWDOV
 ([WHULRU6LGLQJ
 *XDUGUDLOV
 +HDY\7LPEHUDQG6WUXFWXUDO6XSSRUWV
 ([SRVHG7LPEHUDQG:RRG)UDPLQJ
 '(),1,7,216
$ 03,*ORVV/HYHO
1RWPRUHWKDQILYHXQLWVDWGHJUHHVDQGXQLWVDWGHJUHHV DFFRUGLQJWR$670'
% 03,*ORVV /HYHO
 1RW PRUH WKDQ  XQLWV DW  GHJUHHV DQG  WR  XQLWV DW  GHJUHHVDFFRUGLQJWR$670'
& 03,*ORVV /HYHO
  WR  XQLWV DW  GHJUHHV DQG  WR  XQLWV DW  GHJUHHV DFFRUGLQJWR$670'
' 03,*ORVV /HYHO
  WR  XQLWV DW  GHJUHHV DQG QRW OHVV WKDQ  XQLWV DW  GHJUHHVDFFRUGLQJWR$670'
( 03,*ORVV/HYHO
WRXQLWVDWGHJUHHVDFFRUGLQJWR$670' ) 03,*ORVV/HYHO
WRXQLWVDWGHJUHHVDFFRUGLQJWR$670' * 03,*ORVV/HYHO
0RUHWKDQXQLWVDWGHJUHHVDFFRUGLQJWR$670'  $&7,2168%0,77$/6
$ 3URGXFW 'DWD
 )RU HDFK W\SH RI SURGXFW ,QFOXGH SUHSDUDWLRQ UHTXLUHPHQWV DQG DSSOLFDWLRQLQVWUXFWLRQV
 ,QFOXGH 3ULQWRXW RI FXUUHQW 03, $SSURYHG 3URGXFWV /LVW IRU HDFK SURGXFW FDWHJRU\VSHFLILHGZLWKWKHSURSRVHGSURGXFWKLJKOLJKWHG % 6XVWDLQDEOH'HVLJQ6XEPLWWDOV

 ,QFOXGH06'6SURGXFWGDWDLQGLFDWLQJ92&FRPSOLDQFH


100
/,)(*8$5'72:(565(3/$&(0(17
3$,17,1* 


& 6DPSOHV
)RUHDFKW\SHRISDLQWV\VWHPDQGLQHDFKFRORUDQGJORVVRIWRSFRDW  48$/,7<$6685$1&(
$ 'HOLYHUSDLQWPDWHULDOVWRVKRSLQPDQXIDFWXUHU
VVHDOHGFRQWDLQHUV&RQWDLQHUVKDOOEH
ODEHOHGE\WKHPDQXIDFWXUHU
ODEHOVVKDOOJLYHPDQXIDFWXUHU
VQDPHW\SHRISDLQWFRORU
RISDLQWDQGLQVWUXFWLRQVIRUUHGXFLQJ0DWHULDOVVKDOOEHPL[HGWKLQQHGPRGLILHGDQG DSSOLHGRQO\DVVSHFLILHGE\WKHPDQXIDFWXUHU
VGLUHFWLRQV
% 2QO\VNLOOHGPHFKDQLFVVKDOOEHHPSOR\HG$SSOLFDWLRQPD\EHE\EUXVKUROOHUVRU VSUD\LQJDVUHFRPPHQGHGIRUWKHFRDWLQJPDWHULDODQGDVUHTXLUHGIRUWKHEHVW DSSHDUDQFHDQGSHUIRUPDQFH
3$57352'8&76
 0$18)$&785(56
$ 7KHPDQXIDFWXUHUVVSHFLILHGLQWKLVVHFWLRQDUH%HKU6KHUZLQ:LOOLDPV%HQMDPLQ 0RRUH'XQQ(GZDUGV7QHPHFRUHTXDO
% 3DLQWPDWHULDOVVKDOOEH86'$DFFHSWHGIRUVWUXFWXUDOQRQIRRGFRQWDFWRULQFLGHQWDOIRRG FRQWDFWVXUIDFHV0DWHULDOVVKDOOKDYHDIODPHVSUHDGUDWLQJ $670(
RIQRWPRUH
WKDQ0DWHULDOVVKDOOFRPSO\ZLWKDSSOLFDEOH&DOJUHHQDQG$40'92&DQG HQYLURQPHQWDOUHJXODWLRQV/HDGFKURPHRUPHUFXU\FRQWHQWLVSURKLELWHG  3$,17*(1(5$/
$ &RQWUDFWRUWRSURYLGHPDQXIDFWXUHU
VVWDQGDUGSDLQWFRORUFKDUWZLWKFRORUSDODWHZKLFK
FRYHUVWKHFRQVWUXFWLRQFRORUSDODWH6XEPLWWRWKH&LW\IRUUHYLHZDQGDSSURYDO 3$57(;(&87,21
 (;$0,1$7,21
$ ,QVSHFWVXUIDFHVWRUHFHLYHSDLQW&RUUHFWGHILFLHQFLHVEHIRUHWKHDSSOLFDWLRQRIFRDWLQJ PDWHULDOV%\SURFHHGLQJZLWKILQLVKZRUNFRYHUHGE\WKLV6HFWLRQWKHDSSOLFDWRUDFFHSWV WKH VXUIDFHV DV EHLQJ VDWLVIDFWRU\ DQG UHDG\WR UHFHLYHWKHPDWHULDO VSHFLILHG 7KRVH DUHDVLQZKLFKURXJKRULUUHJXODUO\ILQLVKHGVXUIDFHVDSSHDUUHJDUGOHVVRIWKHFDXVHZLOO EHUHMHFWHGDQGVKDOOEHFRUUHFWHGDQGEHUHILQLVKHGDWQRDGGLWLRQDOFRVWWRWKH2ZQHU % 0D[LPXP0RLVWXUH&RQWHQWRI6XEVWUDWHV
:KHQPHDVXUHGZLWKDQHOHFWURQLFPRLVWXUH
PHWHUDVIROORZV

 :RRG
SHUFHQW
& 9HULI\ VXLWDELOLW\ RI VXEVWUDWHV LQFOXGLQJ VXUIDFH FRQGLWLRQV DQG FRPSDWLELOLW\ ZLWK H[LVWLQJILQLVKHVDQGSULPHUV


101
/,)(*8$5'72:(565(3/$&(0(17
3$,17,1* 


' 3URFHHG ZLWK FRDWLQJ DSSOLFDWLRQ RQO\ DIWHU XQVDWLVIDFWRU\ FRQGLWLRQV KDYH EHHQ FRUUHFWHG
 $SSOLFDWLRQRIFRDWLQJLQGLFDWHVDFFHSWDQFHRIVXUIDFHVDQGFRQGLWLRQV  35(3$5$7,21
$ $VLWLVHVVHQWLDOLQREWDLQLQJDILUVWFODVVSDLQWLQJDQGGHFRUDWLQJMREDOOVXUIDFHVVKDOO EHSURSHUO\SUHSDUHGIROORZLQJDSSOLFDEOHVXUIDFHSUHSDUDWLRQVSHFLILFDWLRQV&OHDQDQG SUHSDUHVXUIDFHVWREHILQLVKHG7KLVLQFOXGHVUHPRYDORIPXGORRVHGLUWFRQFUHWHDQG PRUWDUGURSSLQJVUXVWGHIHFWLYHVKRSSDLQWJUHDVHDQGRLO8VHNQLYHVVFUDSHUVDQG ZLUHEUXVKHVZKHUHUHTXLUHGDVZHOODVZDVKLQJZLWKPLQHUDOVSLULWVWXUSHQWLQHRURWKHU FOHDQLQJDJHQWV6FUDSHUXERUVDQGSDSHUVXUIDFHVEHIRUHRUEHWZHHQFRDWVZKHUH JRRGSUDFWLFHGLFWDWHV6XUIDFHVVKDOOEHGXVWHGMXVWSULRUWRSDLQWLQJDQGQHFHVVDU\ VWHSVWDNHQWRUHPRYHORRVHGLUWDQGSUHYHQWGXVWLQWKHDUHDGXULQJWKHSDLQWLQJDQG GU\LQJSHULRG'RQRWSURFHHGZLWKWKHSDLQWLQJRIDQ\VXUIDFHZKHQZHDWKHUFRQGLWLRQV RUSURJUHVVRIRWKHUWUDGHVLVQRWVXLWDEOHWRSHUPLWILUVWFODVVZRUN % 8VHGURSFORWKVPDVNLQJDQGVSHFLDOFDUHWRVHHWKDWVXUIDFHVQRWWRUHFHLYHSDLQWLQJ DUHSURWHFWHGDJDLQVWVFDUULQJIURPVFDIIROGSDLQWVSDWWHULQJRURYHUVSUD\LQJ6XUIDFHV VRPDUNHGRUVSDWWHUHGVKDOOEHUHILQLVKHG
& 0HWDOLWHPVQRWKDYLQJDVKRSFRDWRISULPHUDQGLWHPVZLWKGHWHULRUDWHGRUEOHPLVKHG VKRSILQLVKHVVKDOOEHSURSHUO\FOHDQHGDQGSULPHGEHIRUHILQLVKFRDWVDUHDSSOLHG 3ULPHUVKDOOEHFRPSDWLEOHZLWKILQLVKSDLQW
' 2QSUHYLRXVO\SDLQWHGVXUIDFHVUHPRYHORRVHSHHOLQJSDLQWH[FHVVLYHFKDONUXVWRLO DQGJUHDVHDQGSULPHEDUHDUHDVZLWKUHFRPPHQGHGSULPHU ( )ROORZSDLQWPDQXIDFWXUHU
VUHFRPPHQGDWLRQVIRUVXUIDFHSUHSDUDWLRQ
 $33/,&$7,21
$ $SSO\SDLQWVDFFRUGLQJWRPDQXIDFWXUHU
VZULWWHQLQVWUXFWLRQVDQG UHFRPPHQGDWLRQVLQ
03,$UFKLWHFWXUDO3DLQWLQJ6SHFLILFDWLRQ0DQXDO
% $SSO\SDLQWVWRSURGXFHVXUIDFHILOPVZLWKRXWFORXGLQHVVVSRWWLQJKROLGD\VODSVEUXVK PDUNVUROOHUWUDFNLQJUXQVVDJVURSLQHVVRURWKHUVXUIDFHLPSHUIHFWLRQV&XWLQVKDUS OLQHVDQGFRORUEUHDNV
 &2/256&+('8/(
$ 6XEPLWIRUHDFKRIWKHYDU\LQJWLPHDQGH[WHULRUFRORUVDOLVWLQJLQFOXGLQJPDQXIDFWXUHU FRORUQDPHDQGRUQXPEHUDQGILQLVKWR&LW\IRUUHYLHZSULRUWRRUGHULQJ  0$7(5,$/6&+('8/(
$ ([WHULRU:RRG6LGLQJ:RRG)UDPLQJDQG*XDUGUDLO
3ULPHU
%HKU3UHPLXP3OXV([WHULRU0XOWL6XUIDFH3ULPHU 6HDOHU


102
/,)(*8$5'72:(565(3/$&(0(17
3$,17,1* 


VW&RDW
%HKU3UHPLXP3OXV)ODW([WHULRU3DLQW
QG&RDW
%HKU3UHPLXP3OXV)ODW([WHULRU3DLQW
% 7RZHU1XPEHURQ5RRI
VW&RDW
%HKU0XOWL6XUIDFH5RRI3DLQW
QG&RDW
%HKU0XOWL6XUIDFH5RRI3DLQW
(1'2)6(&7,21




103
55452.01510\32905704.2 9
APPENDIX 1

INSURANCE REQUIREMENTS
$33(1',;
,1685$1&(5(48,5(0(176
 :25.(56¶&203(16$7,21$1'(03/2<(5¶6/,$%,/,7<,1685$1&( Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officials, officers, employees, agents, and volunteers. Company or companies providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in the Contract Documents.
 &200(5&,$/*(1(5$//,$%,/,7<,1685$1&(
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CGL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder.

Policy limits shall not be less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Defense costs shall be paid in addition to the limits. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, 104
55452.01510\32905704.2 9
APPENDIX 1

INSURANCE REQUIREMENTS
blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchased by Contractor to restore the required limits. Any umbrella policy shall “follow form” to the underlying primary policies.  $87202%,/(/,$%,/,7<,1685$1&(
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under these Contract Documents, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Such insurance shall be provided in a form and with insurance companies acceptable to City and comply with the provisions of Section 5 below.
 80%5(//$,1685$1&(
Contractor shall obtain and maintain an umbrella insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and automobile liability. Such policy or policies shall include the following terms and conditions:
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
b. Pay on behalf of wording as opposed to reimbursement; c. Concurrency of effective dates with primary policies; and d. Policies shall “follow form” to the underlying primary policies. e. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
 )250$1'3522)2)&$55,$*(2),1685$1&(
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be authorized to do business in the State of California unless waived, in writing, by City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A- VII.
b. Insurance deductibles or self-insured retentions greater than $5,000 must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from City. At the election of City the Contractor shall either 105
55452.01510\32905704.2 9

APPENDIX 1

INSURANCE REQUIREMENTS
1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c. Contractor shall cause its insurance carrier(s) to furnish City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by City’s Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. All required policies of Commercial General Liability insurance shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 01 01 (or endorsements providing the exact same coverage) to effectuate this requirement. Further, all policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. d. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to the Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under these Contract Documents until City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
e. All required insurance coverages shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its Subcontractors. Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City from Contractor’s failure to ensure its Subcontractors waive right of recovery against City.
f. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. The Contractor shall provide endorsement(s) to this effect at the City’s request. 106
55452.01510\32905704.2 
APPENDIX 1

INSURANCE REQUIREMENTS
g. City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
h. In the event any policy of insurance required by the Contract Documents does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.
i. Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder. j. 5HTXLUHPHQWVQRWOLPLWLQJ Requirements of specific coverage or limits 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 as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
k. Contractor shall be responsible for causing all Subcontractors of any tier working under this Contract to purchase insurance meeting the requirements contained herein, including adding the City its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO GC 20 38 04 13 (or an endorsement providing the exact same coverage) to effectuate this requirement.

Contractor shall not allow any Subcontractor to commence work relating to these Contract Documents until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
107
$33(1',;
6LPSVRQ6WURQJ7LH&XW6KHHWV

108





















!'
#


'!$
&#'$ '








DZRŽ-/BŽJbbk„yŽTkqŽ|ZRŽNkhiRN|\khŽkTŽ
Ž
†yŽ|kŽJŽ
"†Žmky|ŽkqŽ Ž
†yŽ|kŽJŽ&†Žmky|Ž1k€LbR
yZRJqŽhJ\b\iXŽ
LR|„RRiŽLRJfŽJhPŽmky|ŽX\‚RyŽJPPRPŽy|qRhX|ZŽDZRŽ-/Ž
yRq\RyŽkTWRqyŽP€JbŽm€qmkyRŽmky|ŽNJmLJyRŽTkqŽc\XZ|ŽNJmŽ kqŽLJyRŽNkihRN|\kiyŽ

"-5=
-$4=-1=)+9592+
=/92/-44= 
-=+-6=#+46&'=-
4=7/=


'ŽXJ€XRŽ
5Jb‚Jh\‰RPŽBkfRŽmqkP€N|yŽJ‚J\bJLcRŽ\hŽ
I;,
NkJ|\hXŽBRRŽ/kqqky\khŽ 6iTkqfJ|]khŽ mmŽ

$Ž


 ,35=

 =


$,5=
,%3=,0=
(*8580*=
.80.,33=

,=*,5=*35$$=
,$53=5;.=

(=
$*3=


‹ GyRŽJcbŽymRN\T\RPŽTJy|RhRqy)ŽyRRŽ5RhRqJbŽ=k|Ry $*3= :<!=   


‹ 1kŽhk|Ž]hy|JbbŽLkc|yŽ\i|kŽm\bk|ŽZkbRy
‹ -/BŽ  7hy|JbcŽPkfRŽhJ\byŽkhŽLRJf)ŽPq\‚RŽhJ]byŽJ|Ž
JiŽJiXcRŽ|Zqk€XZŽ|ZRŽLRJfŽ\h|kŽ|ZRŽmky|ŽLRck„Ž|kŽ
JNZ\R‚RŽ|ZRŽ|JLbRŽbkJPy
‹ -/Ž  7hy|JbcŽ„\|ZŽ&

Ž†Ž Š
ŽhJ\cyŽkqŽ
&
Ž†Ž
Š
ŽiJ\cy
‹ ?ky|ŽLJyRyŽPkŽhk|Žmqk‚\PRŽJPRo€J|RŽqRy\y|JiNRŽ|kŽ
mqR‚Rh|ŽfRfLRqyŽTqkfŽqk|J|]hXŽJLk€|Ž|ZRŽLJyRŽJiPŽ
|ZRqRTkqRŽJqRŽhk|ŽqRNkffRhPRPŽTkqŽikh|kmy€mmkqRPŽ
\hy|JbbJ|\khyŽy€NZŽJyŽTRhNRyŽkqŽ€hLqJNRPŽNJqmkt|y
‹ DkŽ|\RŽf€b|\mcRŽ
†ŽfRfLRqyŽ|kXR|ZRq Ž |ZRŽPRy\XhRq
f€y|ŽPR|Rqf]hRŽ|ZRŽTJy|RiRqyŽqRo€\qRPŽ|kŽ`k\iŽfRfLRqy
|kŽJN|ŽJyŽkhRŽ€h\|Ž„\|Zk€|Žymb\||\hXŽ|ZRŽ„kkP
 




 '"
'



BRRŽmŽŽTkqŽ/kPRŽ@RTRqRhNRŽ8R‡Ž/ZJqŽ
 




%
'"

'






ŒŽF[SzSŽnvQO}zŽKrSŽKƒK^dKMeSŽ
_}[ŽKQQ^~^ljKdŽOlrslz_lj
nsl}SO~^ljŽ 3lsŽglrSŽ_jUlrgK}_lj
ŽzSS nŽ
#Ž Ž 3lrŽz~K^jdSzzz~SSdŽ
UKz~SjSrz
ŽzSSŽnŽ
Ž
uŽ <KjˆŽlVŽ~[SzSŽnrlQO~zŽKsSŽKnnvƒSQŽUlrŽ_jz~KddK~^ljŽ















Ž
_}[ŽC}rljY2r^ƒSC2Ž0ljjSO~lrŽzOrS
zŽ
CSSŽnnŽ!#(!%ŽVlsŽglrSŽ_jUlrgK}_ljŽ

!%
"!%(
%&!$%( 

"'
(
"%(

(
"
(

!(

!(

"(  ( "%&( %( ( (
(
(
(
(

!(

!( "&&" ( #
&(
&$
(
#%(

' #' #' ' ' ' ' '
'"'%' '
'"'%'
' '

' #' %' ' ' %' %' '
'"'%' '
'"'%'

' '

 ' ' ' ' ' ' ' '
'"'%' '
'"'%'
' '

' %' %' ' ' ' ' '
'"'%' '
'"'%'
' '

 ' ' ' ' ' ' ' '
'"'%' '
'"'%'
' '

' %' %' %' %' ' ' '
'"'%' '
'"'%'
 ' '

!

' ' #' ' ' &' &' '
'"'' '
'"''

' 
'

!

' 
' #' ' ' #' &' '
'"'%' '
'"'%'

' '
%%(

' #'
$'
$'

'
'"'%' '
'"'%' ' '

 ' '
'
'

'
'"'%' '
'"'%' ' '

' %'
'
'

'
'"'%' '
'"'%' ' '

' %'
%'
'

'
'"'%' '
'"'%' ' '

 ' '
'
'

'
'"'%' '
'"'%' ' '

' %'
%'
'

'
'"'%' '
'"'%' ' '

 ' '
'
'

'
'"'%' '
'"'%' ' '

ŽŽ+ddl
KMdSŽelKQzŽ[KƒSŽMSSjŽ^jOsSKzSQŽUlrŽ
^jQŽlrŽSKw[pKaSŽdlKQ^jYŽ
^~[ŽjlŽUx[SrŽ^jOrSKzSŽKddl
SQŽASQOSŽ
[SrSŽl~[SrŽelKQzŽYlƒSrjŽ
 C~rO}rKeŽOlgnlz^~SŽegMSrŽOldgjzŽ[KƒSŽz_QSzŽ}[K}Žz[l ŽS^~[SrŽ~[SŽ
^QSŽUKOSŽlrŽ~[SŽSQYSzŽlVŽ}[SŽegMSrŽz~rKjQ{ƒSjSSrzŽajl
jŽKzŽ~[S
jKrrl
ŽVKOSŽHdSzŽ_jŽ~[SŽ~KMdSzŽsSVdSO}Ž^jz~KdeK}^ljŽ_j~lŽ~[SŽ ^QSŽUKOSŽCSSŽ}SO[j^OKeŽMddS~^jŽE0C0:0:<ŽK}Ž




VlsŽdlKQŽrSQO~^ljz
rSzd~^jYŽUvgŽjKrrl
VKOSŽ^jz~KdeK}^ljz
!Ž.KzSŽKddl
KMdSŽelKQzŽKzzgSŽ~[K}ŽjK_ezŽ[KƒSŽUddŽnSjS~sK~_ljŽ^j~lŽ~[SŽznnlx_jYŽgSgMSsŽ:lKQzŽQlŽjl~ŽKnneˆŽ}lŽSjQYsK^jŽnlz}Ž^jz~KeeK}^ljz #Ž



>K^dŽQ^gSjz^ljzŽKsSŽd^z~SQŽQ_KgS}SrŽMˆŽeSjY~[ŽCSSŽnnŽ ŽVlrŽVKz~SjSrŽ_jUlrgK}^lj
"(
(

'
49 Ž9*Ž













 109
~ II)
I I I I I . I I
e
0 110
II)
Q.
c'.J
'tJ
C
co
II)
~ co
m
84 Simpson Strong-Tie® Wood Construction Connectors

AC/LPCZ/LCE/RTC
Post Caps
The universal design of the LCE4 post cap
provides high capacity while eliminating the
need for rights and lefts. For use with 4x or
6x lumber. LPCZ - Adjustable design
allows greater connection versatility. 2½" •
Material: LCE4 - 20 gauge;
AC, LPC4Z - 18 gauge;
LPC6Z - 16 gauge;
RTC - 14 gauge
Finish: Galvanized.

Some products available in
ZMAX® coating and stainless steel.

See Corrosion Information, pp. 12-15.

Installation:
• Use all specified fasteners;
see General Notes
• Install all models in pairs, except RTC.

LPCZ - 2½" beams may be
used if 0.148" x 1 ½" nails are
substituted for 0.148" x 3" nails
Codes: See p. 11 for Code Reference
Key Chart
3"typ.

Typical LCE4 Installation
(for 4x or 6x lumber)
Typical AC4 Installation
2¼"
~w--1}
LPCZ 11 ~ ~I
----=::l- •
I
----- 1,, .,, •
1 t,,
z1ti
1--
Typical LCE4
Corner Installation
(mitered corner)
--,-- 1
I
I
I
I
RTC44 Installation
(square cut)
--- 1½•

SIMPSON
Strong.:fie
LCE4
Typical LPC4Z Installation
(mitered corner)
0 0
0 RTC44 Installation
(mitered corner)
111
()
,;;
>- z
ct
::;
0 (.)
w
F;=
(!)
z
0 0:
ti
z
0 8:
::;
iii
'" 0 "' @
'" 0 "' ()
()
Simpson Strong-Tie® Wood Construction Connectors

AC/LPCZ/LCE/RTC
Post Caps (cont.)

SIMPSON
Strong.:J'ie
• These products are available with additional corrosion protection. For more information, seep. 14.
§} For stainless-steel
fasteners, seep. 21 . Em Many of these products are approved for installation with Strong-Drive® SD Connector screws.
•
•
•
•
•
•
I:»
See pp. 348-352 for more information.

Dimensions Total No. Fasteners Allowable Loads (OF/SP)
Model (in.) Min./ (in.) (160)
No. Max. w L Beam Post Uplift
3'¾s 6½ Min. (8) 0.162 X 3½ (8) 0.162 X 3½ 1,745
AC4
3'¾s 6½ Max. (14) 0.162 X 3½ (14) 0.162 X 3½ 2,490
4 7 Min. (8) 0.162 X 3½ (8) 0.162 X 3½ 1,745
AC4RZ
4 7 Max. (14) 0.162 X 3½ (14) 0.162 X 3½ 2,490
LCE4 - 53/s - (14) 0.162 X 3½ (10) 0.162 X 3½ 1,950
5½ 8½ Min. (8) 0.162 X 3½ (8) 0.162 X 3½ 1,665
AC6
5½ 8½ Max. (14) 0.162 X 3½ (14) 0.162 X 3½ 2,815
6 9 Min . (8) 0.162 X 3½ (8)0.162x3½ 1,665
AC6RZ
6 9 Max. (14) 0.162 X 3½ (14) 0.162 X 3½ 3,055
LPC4Z 3'¾s 3½ - (8) 0.148 X 3 (8) 0.148 X 3 755
LPC6Z 5'¾s 5½ - (8) 0.148 X 3 (8) 0.148 X 3 920
1 . Allowable loads have been increased for wind or earthquake loading with no further increase allowed.

Reduce where other loads govern.

2. Connector table loads and fastener quantities are listed for two parts.

3. Lateral load is in the direction parallel to the beam.

4. For minimum nailing quantity and load values, fill all round holes; for maximum nailing quantity and load values, fill all round and triangular holes.

5. Uplift loads do not apply to spliced conditions. Spliced conditions must be detailed by the designer to transfer tension loads between spliced members by means other than the post cap.

Lateral
1,610
1,610
1,610
2,075
1,350
1,565
2,075
1,565
2,450
760
885

6. Structural composite lumber columns have sides that show either the wide face or the edges of the lumber strands/veneers known as the narrow face. Values in the tables reflect installation into the wide face. See technical bulletin T-C-SCLCLM at strongtie.com for load reductions resulting from narrow-face installations.

7. Fasteners: Nail dimensions are listed diameter by length. See pp. 21-22 for fastener information.

Dimensions Total No. of Fasteners OF/SP Uplift Loads
Model (in.) (in.) (160)
No.
w L Beam Post Side Beam Main Beam Post Side Beam
RTC441 3'¾e 4¾ (16) 0.162 X 3½ (10)0.162x3½ 900 900 1,800 775 (Mitered corner) RTC442 3'¾e 4¾ (16) 0.162 X 3½ (10)0.162x3½ 925 1,230 1,760 795 (Square cut) LCE4Z1 53/s 53/s (14) 0.162 X 3½ (10)0.162x3½ - - 885 - (Mitered corner) Code
Ref.

IBC,
FL, LA
SPF Uplift Loads
(160)
Main Beam
775
1,060
-
1 . The allowable download for the mitered RTC44 and LCE4Z connection is limited to the bearing of the mitered beams on the post and shall be determined by the designer.

2. The allowable download for the main beam in the square-cut RTC44 connection is limited to the bearing of the beam on the post and shall be determined by the designer. The side beam allowable download is 1,170 lb.

3. The combined uplift loads applied to all the beams must not exceed the post allowable uplift load listed in the table.

4. Connectors must be installed in pairs to achieve listed loads.

5. Fasteners: Nail dimensions are listed diameter by length. See pp. 21-22 for fastener information.

Post
1,550
1,515
760
rn
Q.
ca
0 "Cl
C:
ca
rn
~ ca
m
112
II)
Q.
c'.J
'tJ
C
co
II)
~ co
m
90 Simpson Strong-Tie® Wood Construction Connectors

CC/ECC/ECCU
Column Caps
Column caps provide a strong connection for
column-beam combinations.

Material: CC3¼, CC44, CC46, CC48, CC4.62, CC64,
CC66, CC68, CC6-71/s, ECC3¼, ECC44, ECC46, ECC48,
ECC4.62, ECC64, ECC66, ECC68, ECC6-71/s - 7 gauge;
all others - 3 gauge
Finish: Simpson Strong-Tie gray paint. Some products
available in HOG, stainless steel or black powder coat; CCO, ECCO - no coating.

Installation:
• Use all specified fasteners; see General Notes
• Bolt holes shall be a minimum of 1/32" to a maximum
of 1/,s" larger than the bolt diameter (per 2015/ 2018 NOS, section 12.1.3.2)
• Contact engineered wood manufacturers for connections that are not through the wide face
Options:
• Straps may be rotated go0 where W1 ;,, W2 (see illustration) and for CCS¼-6.
• For special, custom or rough-cut lumber sizes, provide dimensions. An optional W2 dimension may be specified.
(The W2 dimension on straps rotated go0 is limited by
the W1 dimension.)
• CCO/ECCO - Column cap only (no straps) may be ordered for field-welding to pipe or other columns. CCO/ECCO
dimensions are the same as CC/ECG. Weld by designer.
• CCOB - Any two CCOs may be specified for back-to-back welding to create a cross beam connector. Use the table loads; the load is no greater than the lesser element employed.

Codes: See p. 11 for Code Reference Key Chart
cco
Specify
post-to-beam
connections
ECCO
3"
{¥4" bolts)
. 3' (lJ
(lJ
1\ii' (lJ
IV~"- . ;~
YIJ11' CC r
0 0
ECC44
0 0
0 E=1¾"
unless
otherwise
specified
E
Optional ECC with
Straps Rotated 90°
UPDATED 07/01/22

SIMPSON
Strong.:fie
ECCU
(ECCU44 has only
2 bolts to beam)
0 0
0 0
0 0
0 0
0 Optional CC with
Straps Rotated 90°
113
()
,;;
>- z
ct
::;
0 (.)
w
F;=
(!)
z
0 0:
ti
z
0 8:
::;
iii
'" 0 "' @
'" 0 "' ()
()
Simpson Strong-Tie® Wood Construction Connectors

CC/ECC/ECCU
Column Caps (cont.)

SIMPSON
Strong.:J'ie
• These products are available with additional corrosion protection. For more information, seep. 14. ml} For stainless-steel fasteners, seep. 21 . !:'I:')
• !:'I:')
• • • • • • • • • !:'I:')
• • • • • • • • • • • • • • • •
•
Dimensions (in.) Bolts Allowable Loads (OF/SP)
Model Beam L Beam cc ECC ECCU
No. Width
(in.) W1 W2 H1 Size Post Uplift Down Down Uplift Down
cc ECC ECCU cc ECC ECCU
(160) (100) (100) (160) (100)
CC31/4-4 3¼ 3¼ 35/s 11 7½ 9½ 6½ 5/s 4 2 4 2 3,150 16,980 6,835 3,150 6,835 CC31 /4-6 3¼ 3¼ 5½ 11 7½ 9½ 6½ 5/s 4 2 4 2 3,150 21,485 10,740 3,150 10,740 CC44 3½ 35/s 35/s 7 5½ 6½ 4 5/s 2 1 2 2 1,850 19,020 7,655 1,850 7,655 CC46 3½ 35/s 5½ 11 8½ 9½ 6½ 5/s 4 2 4 2 3,530 24,065 12,030 3,530 12,030 CC48 3½ 35/s 7½ 11 8½ 9½ 6½ 5/s 4 2 4 2 3,530 24,065 16,405 3,530 16,405 CC4.62-3.62 4½ 45/s 35/s 11 8½ 9½ 6½ 5/s 4 2 4 2 4,535 23,390 9,845 4,535 9,845 CC4.62-4.62 4½ 45/s 45/s 11 8½ 9½ 6½ 5/s 4 2 4 2 4,535 30,070 12,655 4,535 12,655 CC4.62-5.50 4½ 45/s 5½ 11 8½ 9½ 6½ 5/s 4 2 4 2 4,535 30,940 15,470 4,535 15,470 CC51/4-4 5¼ 5¼ 35/s 13 9½ 10½ 8 ¾ 4 2 4 2 6,300 26,635 11 ,210 6,300 11,210 CC51/4-6 5¼ 5¼ 5½ 13 9½ 10½ 8 ¾ 4 2 4 2 6,500 28,190 17,615 6,500 17,615 CC51/4-8 5¼ 5¼ 7½ 13 9½ 10½ 8 ¾ 4 2 4 2 6,645 35,235 24,025 6,645 24,025 CC64 5¼, 5½ 5½ 35/s 11 7½ 9½ 6½ 5/s 4 2 4 2 5,545 28,585 12,030 5,545 12,030 CC66 5¼, 5½ 5½ 5½ 11 7½ 9½ 6½ 5/s 4 2 4 2 5,545 30,250 18,905 5,545 18,905 CC68 5¼, 5½ 5½ 7½ 11 9½ 9½ 6½ 5/s 4 2 4 2 5,545 37,815 25,780 5,545 25,780 CC6-71/8 5¼, 5½ 5½ 71/s 11 9½ 9½ 6½ 5/s 4 2 4 2 5,545 37,815 24,490 5,545 24,490 CC74 6¾ 61/s 35/s 13 10½ 10½ 8 ¾ 4 2 4 2 6,330 33,490 15,355 6,330 15,355 CC76 6¾ 61/s 5½ 13 10½ 10½ 8 ¾ 4 2 4 2 6,790 37,125 24,130 6,790 24,130 CC77 6¾ 61/s 61/s 13 10½ 10½ 8 ¾ 4 2 4 2 7,020 48,265 29,615 7,020 29,615 CC78 6¾ 61/s 7½ 13 10½ 10½ 8 ¾ 4 2 4 2 7,145 48,265 32,090 7,145 32,905 CC71 /8-4 7 7¼ 35/s 13 10½ 10½ 8 ¾ 4 2 4 2 6,360 34,730 18,375 6,360 18,375 CC71/8-6 7 7¼ 5½ 13 10½ 10½ 8 ¾ 4 2 4 2 6,825 38,500 28,875 6,825 28,875 CC71 /8-7 1/8 7 7¼ 71/s 13 10½ 10½ 8 ¾ 4 2 4 2 7,105 57,750 36,750 7,105 36,750 CC71 /8-8 7 7¼ 7½ 13 10½ 10½ 8 ¾ 4 2 4 2 7,190 52,500 39,375 7,190 39,375 CC84 7½ 7½ 35/s 13 10½ 10½ 8 ¾ 4 2 4 2 6,410 37,210 16,405 6,410 16,405 CC86 7½ 7½ 5½ 13 10½ 10½ 8 ¾ 4 2 4 2 6,885 41,250 25,780 6,885 25,780 CC88 7½ 7½ 7½ 13 10½ 10½ 8 ¾ 4 2 4 2 7,250 51 ,565 35,155 7,250 35,155 CC94 8¾ 81/s 35/s 13 10½ 10½ 8 ¾ 4 4 4 2 6,580 47,545 19,905 6,580 19,905 CC96 8¾ 81/s 5½ 13 10½ 10½ 8 ¾ 4 4 4 2 7,080 48,125 31 ,280 7,080 31,280 CC98 8¾ 81/s 7½ 13 10½ 10½ 8 ¾ 4 4 4 2 7,455 62,565 42,655 7,455 42,655 CC106 9¼ 9½ 5½ 13 10½ 10½ 8 ¾ 4 4 4 2 7,160 52,250 32,655 7,160 32,655

1. Uplift loads have been increased for earthquake or wind loading with no further increase allowed. Reduce where other loads govern.

2. Downloads shall be reduced where limited by allowable loads of the post.

3. CC uplift loads do not apply to splice conditions.

4. Splice conditions with CCs must be detailed by the designer to transfer tension loads between spliced members by means other than the column cap.

Code
Ref.

IBC,
FL, LA

5. Column sides are assumed to be aligned in the same vertical plane as the beam sides. CC4.62 models assume a minimum 3½"-wide post.

6. Structural composite lumber columns have sides that show either the wide face or the edges of the lumber strands/veneers known as the narrow face. Values in the tables reflect installation into the wide face. See technical bulletin T-C-SCLCLM at strongtie.com for load reductions resulting from narrow-face installations.

7. Beam depth must be at least as tall as H1 .

8. CCO and ECCO welded to a steel column will achieve maximum load listed for the beam and the post cap as CC and ECC.

The steel column width shall match the beam width. Weld by designer.

9. All references to bolts are for structural quality through bolts (not lag screws or carriage bolts) equal to or better than ASTM A307, Grade A.

CCO/ECCO
Model No. (No Legs)
CC031/4
ECC031/4
CC04 ECC04
CC04/6
ECC04/6
CC04.62
ECC04.62
CC051/4
ECC051/4
CC06
ECC06
ECC068
CC07
ECC07
CC071/8
ECC071/8
CC08
ECC08
CC09
ECC09
CC010
ECC010
rn
Q.
ca
0 "Cl
C:
ca
rn
~ ca
m
114
f
Q)
C)
C
co
::c
1n ·o
-,
C
J
:2
15 u,
100
Simpson Strong-Tie® Wood Construction Connectors

LUC/LU/U/HU/HUC
Standard Face-Mount Joist Hangers
LUC - Concealed-flange hanger available for 2x6, 2x8,
2x10 and 2x12 lumber. Ideal for end of ledger/header
or post conditions, the LUCZ also provides cleaner
lines for exposed conditions such as overhead decks.

LU - Value engineered for strength and economy.

Precision-formed - engineered for installation ease
and design value.

U - The standard U hanger provides flexibility of
joist to header installation. Versatile fastener selection with tested allowable loads.

HU/HUC - Most models have triangle and round
holes. To achieve maximum loads, fill both round
and triangle holes with common nails. These
heavy-duty connectors are designed for additional
strength, longevity and safety factors.

Material: See tables on pp. 104-114
Finish: Galvanized. Some products available
in ZMAX® coating or stainless steel.

Installation:
• Use all specified fasteners; see General Notes.
• HU/HUC - Can be installed filling round holes
only, or filling round and triangle holes for
maximum values.
• Joists sloped up to ¼: 12 achieve table loads.
• For installations to masonry or concrete
see pp. 243-245.
• HU/HUC hangers can be welded to a steel
member. Allowable loads are the lesser of the
values in the hanger tables on pp. 104-114 or
the weld capacity - refer to technical bulletin
T-C-HUHUC-W at strongtie.com.
• When nailing into solid sawn carrying member's
end grain, the allowable load is adjusted by a
factor of 0.67.

Allowable Loads:
• See table on pp. 104-114 for loads.

Options:
• For both flanges concealed, order HUC.
• When the HUC is skewed, the header flange
opposite the skew direction is not concealed.

Seep. 101 .
• For low-cost, code approved 45° skewed
hangers, see SUR/SUL.
• For field-adjustable hangers, see LSSJ, LRUZ
and LSSR on pp. 117-119.
• See modifications table for available options
and associated load capacities for U and
HU hangers.
• For ease of ordering, refer to technical bulletin
T-C-U-HU-WS at strongtie.com.
• LU/LUC cannot be modified.

I
,<;
~~~
LU28
(except LU roughs)
0 0
• 0 0.
6 0 0
• 0 o•
0 0
•
LUC2102
(LUC26Z similar)
H
. • •
U210
HUC412
Concealed flanges
Typical HU Installation

SIMPSON
Strong.:rie
-, ,v.-~
•tia,q ·-
•: I
. Ii
<1/ 0
tz,--y~<Q
HU214
Projection seat on most
models for maximum bearing
and section economy.

Model configurations
may differ from those
shown. Some HU
models do not have
triangle holes.

Contact Simpson
Strong-Tie.

Typical LUCZ Installation
Typical LU28 Installation
115
f
Q)
C)
C
co
::c
1n
·o
-,
C
== co
u,
:2
15 u,
104
Simpson Strong-Tie® Wood Construction Connectors
Face-Mount Hangers - Solid Sawn Lumber (DF/SP)

SIMPSON
Strong.:fie
The Joist Hanger Selector software enables you the most optimum product for your project.

The software takes into consideration all the characteristics seen in this catalog. Visit strongtie.com/jhs. • These products are available with additional corrosion protection. For more information, see p. 14.
•
• • • • El)
El)
• • El)
•
•
El)
•
•
•
Joist
Size
2X4
DBL
2X4
2x6
DBL
2X6
TPL
2x6
2x8
DBL
2x8
TPL
2X8
QUAD
2X8
Model
No.

LU24
LUS24
U24
HU26
LUS24-2
U24-2
HU24-2 / HUC24-2
LUS26
LU26
U26
LUC26Z
HU26
HUS26
LUS26-2
U26-2
HUS26-2
HU26-2 / HUC26-2
LUS26-3
U26-3
HU26-3 / HUC26-3
LUS26
LU26
LUS28
LU28
U26
LUC26Z
HU28
HUS26
HUS28
LUS26-2
LUS28-2
U26-2
HUS28-2
HU28-2 / HUC28-2
LUS28-3
U26-3
HU26-3 / HUC26-3
HU28-4 / HUC28-4
Dimensions (in.)
Ga. w H B
20 Hie 3¼ 1½
18 ms 31/a 1¾
16 ms 31/a 1½
14 ms 3½s 2¼
18 31/a 31/a 2
16 31/a 3 2
14 31/a 3½s 2½
18 ms 4¾ 1¾
20 ms 4¾ 1½
16 ms 4¾ 2
18 ms 4¾ 1¾
14 ms 3½s 2¼
16 1% 53/a 3
18 31/a 471a 2
16 31/a 5 2
14 31/a 5'½s 2
14 31/a 4"¾s 2½
14 31/a 4"¾s 2½
18 4% 41/a 2
16 4% 4¼ 2
14 41½s 4% 2½
14 41½s 4% 2½
18 ms 4¾ 1¾
20 ms 4¾ 1½
18 ms 6% 1¾
20 ms 63/a 1½
16 ms 4¾ 2
18 ms 4¾ 1¾
14 ms 5¼ 2¼
16 1% 53/a 3
16 1% 7 3
18 31/a 471a 2
18 31/a 7 2
16 31/a 5 2
14 31/a 7'½s 2
14 31/a 6'¾s 2½
14 31/a 6'¾s 2½
18 4% 6¼ 2
16 4% 4¼ 2
14 41½s 4% 2½
14 41½s 4% 2½
14 61/a 7 2½
14 61/a 7 2½
Efilt For stainless-steel
fasteners, seep. 21 .
r.r.l Many of these products are approved for installation ~ with Strong-Drive® SD Connector screws.

See pp. 348-352 for more information.

Min./
Fasteners (in.) OF/SP Allowable Loads (lb.) Installed
Cost Index Max. Uplift Floor Snow Roof Header Joist (160) (100) (115) (125) (ICI) Sawn Lumber Sizes
- (4) 0.162 X 3½ (2) 0.148 X 1 ½ 240 555 630 655 Lowest - (4) 0.148 X 3 (2) 0.148 X 3 435 670 765 820 3%
- (4) 0.162 X 3½ (2) 0.148 X 1 ½ 240 575 650 705 67%
- (4) 0.162 X 3½ (2) 0.148 X 1 ½ 305 595 670 720 295%
- (4) 0.162 X 3½ (2) 0.162 X 3½ 410 800 905 980 Lowest
- (4) 0.162 X 3½ (2) 0.148 X 3 240 575 650 705 33%
- (4) 0.162 X 3½ (2) 0.148 X 3 380 595 670 720 240%
- (4) 0.148 X 3 (4) 0.148 X 3 1,165 865 990 1,060 Lowest - (6)0.162x3½ (4) 0.148 X 1 ½ 540 835 950 1,030 6%
- (6)0.162x3½ (4) 0.148 X 1 ½ 535 865 980 1,055 43%
- (6)0.162x3½ (4) 0.148 X 1 ½ 730 845 965 1,040 160%
- (4) 0.162 X 3½ (2) 0.148 X 1 ½ 305 595 670 720 179%
- (14) 0.162 X 3½ (6)0.162x3½ 1,320 2,735 3,095 3,230 276% - (4) 0.162 X 3½ (4) 0.162 X 3½ 1,060 1,030 1,170 1,265 Lowest - (8) 0.162 X 3½ (4) 0.148 X 3 535 1,150 1,305 1,410 65% - (4) 0.162 X 3½ (4) 0.162 X 3½ 1,165 1,055 1,195 1,290 172% Min. (8) 0.162 X 3½ (4) 0.148 X 3 755 1,190 1,345 1,440 233% Max. (12)0.162x3½ (6) 0.148 X 3 1,135 1,785 2,015 2,165 254% (4) 0.162 X 3½ (4) 0.162 X 3½ 1,060 1,030 1,170 1,265 . (8) 0.162 X 3½ (4) 0.148 X 3 535 1,150 1,305 1,410 . Min. (8) 0.162 X 3½ (4) 0.148 X 3 755 1,190 1,345 1,440 . Max. (12)0.162x3½ (6) 0.148 X 3 1,135 1,785 2,015 2,165 . - (4) 0.148 X 3 (4) 0.148 X 3 1,165 865 990 1,060 Lowest - (6) 0.162 X 3½ (4) 0.148 X 1 ½ 540 835 950 1,030 6%
- (6) 0.148 X 3 (4) 0.148 X 3 1,165 1,100 1,260 1,350 23% - (8) 0.162 X 3½ (6) 0.148 X 1 ½ 850 1,110 1,180 1,180 39% - (6) 0.162 X 3½ (4) 0.148 X 1 ½ 535 865 980 1,055 43%
- (6) 0.162 X 3½ (4) 0.148 X 1 ½ 730 845 965 1,040 160% - (6) 0.162 X 3½ (4) 0.148 X 1 ½ 605 895 1,010 1,080 251% - (14) 0.162 X 3½ (6) 0.162 X 3½ 1,320 2,735 3,095 3,230 276% - (22) 0.162 X 3½ (8) 0.162 X 3½ 1,760 4,095 4,095 4,095 409% - (4) 0.162 X 3½ (4) 0.162 X 3½ 1,060 1,030 1,170 1,265 Lowest - (6)0.162x3½ (4) 0.162 X 3½ 1,060 1,315 1,490 1,610 8% - (8) 0.162 X 3½ (4) 0.148 X 3 535 1,150 1,305 1,410 65% - (6)0.162x3½ (6)0.162x3½ 1,320 1,580 1,790 1,930 188%
Min. (10)0.162x3½ (4) 0.148 X 3 755 1,490 1,680 1,800 397% Max. (14) 0.162 X 3½ (6) 0.148 X 3 1,135 2,085 2,350 2,530 418% - (6) 0.162 X 3½ (4) 0.162 X 3½ 1,060 1,315 1,490 1,610 . - (8) 0.162 X 3½ (4) 0.148 X 3 535 1,150 1,305 1,410 . Min. (8) 0.162 X 3½ (4) 0.148 X 3 755 1,190 1,345 1,440 . Max. (12)0.162x3½ (6) 0.148 X 3 1,135 1,785 2,015 2,165 . Min. (10)0.162x3½ (4) 0.162 X 3½ 755 1,490 1,680 1,800 . Max. (14) 0.162 X 3½ (6)0.162x3½ 1,135 2,085 2,350 2,530 .

Code
Ref.

IBC, FL, LA
-
See footnotes on p. 1 08. Codes: See p. 11 for Code Reference Key Chart 116
()
,;;
>- z
ct
::;
0 (.)
w
F;=
(!)
z
0 0:
ti
z
0 8:
::;
iii
'" 0 "' @
'" 0 "' ()
()
Simpson Strong-Tie® Wood Construction Connectors SIMPSON Face-Mount Hangers - Solid Sawn Lumber (DF/SP) Strong.:J'ie • These products are available with additional corrosion protection. For more information, see p. 14.
•
• •
•
m
• •
m
m
• •
•
m
m
• •
Joist Model
Size No.

U314
3x14 HU314 / HUC314
HUCQ310-SDS
U314
3x16
HU316 / HUC316
LUS44
4x4 U44
HU44/ HUC44
LUS46
U46
4x6 HUS46
HU46 / HUC46
LUS46
U46
LUS48
4x8
HUS48
HU48 / HUC48
LUS48
LUS410
U410
4x10 HUS410
HU410 / HUC410
HUCQ410-SOS
LUS410
LUS414
U410
HUS410
4x12 HUS412
HU412 / HUC412
HUCQ410-SOS
HUCQ412-SOS
LUS410
LUS414
U414
4x14 HUS412
HU414 / HUC414
HUCQ412-SOS
See footnotes on p. 1 08.

Ga.
16 14
14 16
14 18
16 14
18 16
14 14
14 18
16 18
14 14
14 18
18 16
14 14
14 14
18 18
16 14
14 14
14 14
14 18
18 16
14 14
14 14
Dimensions (in.)
w H B
2'¾s 10½ 2
2'¾s 12¾s 2½
2'¾s 9 3
2'¾s 10½ 2
2'¾s 14%2 2½
3'¾s 3 2
3'¾s 2¼ 2
3'¾s 2¼ 2½
3'¾s 4¾ 2
3'¾s 4¼ 2
3'¾s 5 2
3'¾s 4¾ 2½
3'¾s 4¾ 2½
3'¾s 4¾ 2
3'¾s 4¼ 2
3'¾s 6¾ 2
3'¾s 6"¾s 2
3'¾s 6¼ 2½
3'¾s 6¼ 2½
3'¾s 6¾ 2
3'¾s 8¾ 2
3'¾s 8¾ 2
3'¾s 8"¾s 2
3'¾s 8¾ 2½
3'¾s 8¾ 2½
3'¾s 9 3
3'¾s 8¾ 2
3'¾s 10¾ 2
3'¾s 8¾ 2
3'¾s Bo/is 2
3'¾s 10½ 2
3'¾s 103/s 2½
3'¾s 103/s 2½
3'¾s 9 3
3'¾s 11 3
3'¾s 8¾ 2
3'¾s 10¾ 2
3'¾s 10 2
3'¾s 10½ 2
3'¾s 11 1o/\s 2½
3'¾s 11 1o/\s 2½
3'¾s 11 3
~ For stainless-steel
fasteners, seep. 21 .
f':r.l Many of these products are approved for installation a;;:,i.:,t with Strong-Drive® SD Connector screws.

See pp. 348--B52 for more information.

Min./
Fasteners (in.) DF/SP Allowable Loads (lb.) Installed
Max. Uplift Floor Snow Roof Cost Index
Header Joist (160) (100) (115) (125) (ICI)
Sawn Lumber Sizes
- (16)0.162x3½ (6) 0.148 X 1 ½ 990 2,305 2,610 2,815 . - (18) 0.162 X 3½ (8) 0.148 X 1 ½ 1,510 2,680 3,025 3,240 . - (8) ¼x2½SOS (4) ¼x2½SOS 1,350 3,120 3,590 3,860 . - (16)0.162 x 3½ (6) 0.148 X 1 ½ 990 2,305 2,610 2,815 . - (20) 0.162 X 3½ (8) 0.148 X 1 ½ 1,510 2,980 3,360 3,600 . - (4) 0.162 X 3½ (2)0.162 x 3½ 410 800 905 980 Lowest - (4) 0.162 X 3½ (2) 0.148 X 3 240 575 650 705 20%
- (4) 0.162 X 3½ (2) 0.148 X 3 380 595 670 720 161%
- (4) 0.162 X 3½ (4) 0.162 X 3½ 1,060 1,030 1,170 1,265 Lowest - (8)0.162 x 3½ (4) 0.148 X 3 535 1,150 1,305 1,410 37% - (4) 0.162 X 3½ (4) 0.162 X 3½ 1,165 1,055 1,195 1,290 152% Min. (8) 0.162 X 3½ (4) 0.148 X 3 755 1,190 1,345 1,440 163% Max. (12) 0.162 X 3½ (6) 0.148 X 3 1,135 1,785 2,015 2,165 185% - (4) 0.162 X 3½ (4) 0.162 X 3½ 1,060 1,030 1,170 1,265 Lowest - (8) 0.162 X 3½ (4) 0.148 X 3 535 1,150 1,305 1,410 37% - (6)0.162x3½ (4) 0.162 X 3½ 1,060 1,315 1,490 1,610 40% - (6)0.162x3½ (6)0.162x3½ 1,320 1,580 1,790 1,930 203%
Min. (10)0.162x3½ (4) 0.148 X 3 755 1,490 1,680 1,800 213% Max. (14) 0.162 X 3½ (6) 0.148 X 3 1,135 2,085 2,350 2,530 235% - (6)0.162 x 3½ (4) 0.162 X 3½ 1,060 1,315 1,490 1,610 Lowest - (8)0.162x3½ (6)0.162x3½ 1,445 1,830 2,075 2,245 19%
- (14) 0.162 X 3½ (6) 0.148 X 3 990 2,015 2,280 2,465 74% - (8)0.162x3½ (8)0.162x3½ 3,220 2,110 2,385 2,575 154%
Min. (14) 0.162 X 3½ (6) 0.148 X 3 1,135 2,085 2,350 2,520 232% Max. (18)0.162x3½ (10) 0.148 X 3 1,795 2,680 3,020 3,250 253% - (12) ¼ X 2½ SOS (6) ¼ x 2½SOS 2,265 4,500 4,500 4,500 . - (8) 0.162 X 3½ (6)0.162x3½ 1,445 1,830 2,075 2,245 Lowest - (10)0.162x3½ (6)0.162x3½ 1,445 2,110 2,395 2,590 33%
- (14) 0.162 X 3½ (6) 0.148 X 3 990 2,015 2,280 2,465 46% - (8) 0.162 X 3½ (8) 0.162 X 3½ 3,220 2,110 2,385 2,575 114% - (10)0.162x3½ (10)0.162 x 3½ 3,435 2,635 2,985 3,220 129% Min. (16)0.162x3½ (6) 0.148 X 3 1,135 2,385 2,690 2,880 268% Max. (22) 0.162 X 3½ (10) 0.148 X 3 1,795 3,275 3,695 3,970 290% - (12) ¼ X 2½ SOS (6) ¼x2½SOS 2,265 4,500 4,500 4,500 . - (14) ¼ X 2½ SOS (6) ¼x2½SOS 2,265 5,045 5,045 5,045 . - (8)0.162 x 3½ (6)0.162 x 3½ 1,445 1,830 2,075 2,245 Lowest - (10)0.162x3½ (6)0.162x3½ 1,445 2,110 2,395 2,590 33%
- (16)0.162 x 3½ (6) 0.148 X 3 990 2,305 2,610 2,815 93% - (10)0.162x3½ (10) 0.162 X 3½ 3,435 2,635 2,985 3,220 129% Min. (18)0.162 x 3½ (8) 0.148 X 3 1,510 2,680 3,025 3,240 333% Max. (24) 0.162 X 3½ (12) 0.148 X 3 2,015 3,570 4,030 4,335 355% - (14) ¼ X 2½ SOS (6) ¼ x 2½SOS 2,265 5,045 5,045 5,045 .

Code
Ref.

IBC, FL, LA
Codes: See p. 11 for Code Reference Key Chart
e
Cl)
C)
C:
ca
::c
1n ·o
..,
C:

J
:2
15 u,
117
0 Q)
i=
'0
C
co
0 C.
!.!
u5
286
Simpson Strong-Tie® Wood Construction Connectors
LTP4/LTP5/ A34/ A35
Framing Angles and Plates
The larger LTP5 spans subfloor at the top of the blocking or rim board. The embossments enhance performance.

The LTP4 lateral tie plate transfers shear forces for top plate-to-rim board or blocking connections. Nail holes
are spaced to prevent wood splitting for single and
double top-plate applications. May be installed over
plywood sheathing.

The A35 angle's exclusive bending slot allows instant,
accurate field bends for all two- and three-way ties.

Balanced, completely reversible design permits the
A35 to secure a great variety of connections.

Material: LTP4/ LTP5 - 20 gauge; all others - 18 gauge
Finish: Galvanized. Some products available in
stainless steel or ZMAX® coating. See Corrosion
Information, pp. 12-15.

Installation:
• Use all specified fasteners; see General Notes
• A35 - Bend one time only
Codes: See p. 11 for Code Reference Key Chart
LTP4
LTP5

SIMPSON
Strong.:fie
A35
Joists to Plate
with A Leg Inside
Studs to Plate
with B Leg Outside Joists to Beams Ceiling Joists to Beam [I] A34
[I] A34 Installed with SD Screws
~A35
½" minimum 24/0 APA-rated
wood structural panel sheathing
@J A35 @JA35 [fil A35 [ID A35
UPDATED 07/01/22
118
Simpson Strong-Tie® Wood Construction Connectors
LTP4/LTP5/ A34/ A35
Framing Angles and Plates (cont.)

SIMPSON
Strong.:J'ie
• These products are available with additional corrosion protection. For more information, seep. 14.
ml} For stainless-steel
fasteners, seep. 21.
r.!':'I Many of these products are approved for installation •
~ with Strong-Drive® SD Connector screws.

See pp. 348-352 for more information.

DF/SP Allowable Loads SPF/HF Allowable Loads
Model Type of Fasteners Direction
No. Connection (in.) of Load Floor Roof Floor Roof
(100) (125) (160) (100) (125) (160)
F1 395 480 545 340 415 480
(8) 0.131 X 1 ½
F2' 395 430 430 340 370 370
A34 [I] F1 640 640 640 550 550 550
(8) #9 x 1 ½" SO F2 495 495 495 425 425 425
Uplift 240 240 240 170 170 170
A1 295 350 350 255 300 300
[gJ (9)0.131 x1½ E 295 360 385 255 310 330
c, 185 185 185 160 160 160
A2 295 325 325 255 280 280
[l] (12)0.131 x1½ C2 295 330 330 255 285 285
A35
D 225 225 225 195 195 195
rn F1 590 650 650 510 560 560
(12)0.131 x1½
F2' 590 670 670 510 575 575
[fil (12)0.131 x1½ F1 555 555 555 475 475 475
ffi] (12) PH6121 F1 420 420 420 360 360 360
[I] G 580 715 715 500 615 615
LTP4 (12)0.131 x1½
H 525 525 525 450 450 450
[ill G 565 565 565 485 485 485
LTP5 (12)0.131 x1½
H 490 490 490 420 420 420

1. Allowable loads are for one angle. When angles are installed on each side of the joist, the minimum joist thickness is 3".

2. Some illustrations show connections that could cause cross-grain tension or bending of the wood during loading if not reinforced sufficiently. In this case, mechanical reinforcement should be considered.

3. LTP4 can be installed over%" wood structural panel sheathing with 0.131" x 1 ½" nails and achieve 0.72 of the listed load, or over½" sheathing and achieve 0.64 of the listed load. 0.131" x 2 ½" nails will achieve 100% load.

4. LTP4 satisfies the IRC continuously sheathed portal frame (CS-PF) framing anchor requirements when installed over raised wood floor framing per Figure R602.10.6.4.

5. The LTP5 may be installed over wood structural panel sheathing up to ½" thick using 0.131" x 1 ½" nails with no reduction in load.

6. Connectors are required on both sides to achieve F2 loads in both directions.

7. A34 and A35 installed with 0.131" x 1 ½" nails onto 1 ¼" LSL material will achieve 0.90 of the listed F1 and F2 loads.

8. Fasteners: Nail dimensions are listed diameter by length.

SD screws are Simpson Strong-Tie® Strong-Drive® SD
Connector screws. PH6121 is a pan-head #6 x ½" screw
available from Simpson Strong-Tie. See pp. 21-22 for other nail sizes and information.

LTP4 Installed
over Wood
Structural Panel
Sheathing
Code
Ref.

IBC, FL, LA
-
IBC,
FL, LA
-

IBC, FL, LA
Chimney Framing
[ID LTP5 Installed over Wood
Structural Panel Sheathing or
Attaching Plate to Rim Board
,,,
G)
i=
,,
C:
ca
,,,
Q.
f!
en
119
()
,;;
>- z
ct
::;
0 (.)
w
F;=
(!)
z
0 0:
ti
z
0 8:
::;
iii
'" 0 "' @
'" 0 "' ()
()
Simpson Strong-Tie® Wood Construction Connectors
A
Angle
Our line of angles provides a way to make a wide range
of 90° connections.

Material: A21 and A23 - 18 ga.;
all other A angles - 12 ga.

Finish: Galvanized. Some products available in
stainless steel or ZMAX® coating. See Corrosion
Information, pp. 12-15.

Installation:
• Use all specified fasteners; see General Notes
Codes: See p. 11 for Code Reference Key Chart A44 Installation (A33 similar)
A21/A23
Installation
• These products are available with additional corrosion protection. For more information, see p. 14. r.!':'I Many of these products are approved for installation with Strong-Drive® ~ SD Connector screws. See pp. 348-352 for more information. •
• •
•
•
•
• •
Dimensions Fasteners Allowable Loads
Model (in.) (in.)
No. Base Post
W1 W2 L
Bolts Nails Bolts Nails F1'
A21 2 1½ 1¾ - (2) 0.148 X 1 ½ - (2) 0.148 X 1 ½ 330
A23 2 1½ 2¾ - (4) 0.148 X 1 ½ - (4) 0.148 X 1 ½ 680
A33 3 3 1½ - (4) 0.148 X 3 - (4) 0.148 X 3 765
A44 4'½e 4¾ 1½ - (4) 0.148 X 3 - (4) 0.148 X 3 775
A66 51/a 51/a 1½ (2)¾ (3) 0.148 X 3 (2) 3/21 (3) 0.148 X 3 - ABB 8 8 2 (3)¾ (4) 0.148 X 3 (3)¾ (4) 0.148 X 3 -
A24 31/a 2 2½ (1)½ - (1)½ (2) 0.148 X 3 -
A311 11 3¾ 2 (1)½ - (1)½ (4) 0.148 X 3 -
1 . See pp. 266-267 for Straps and Ties General Notes.

2. For SPF/HF lumber, use 0.86 x OF/SP allowable loads.

3. Connectors are required on both sides to achieve F1 loads in both directions.

4. Fasteners: Nail dimensions are listed diameter by length. See pp. 21-22 for fastener information.

A311 Installation
Moisture
barrier
not shown
Anchors
specified
by the
designer
A24 Installation
DF/SP
(160)
F2
150
535
340
290
-
-
-
-
Code
Ref.

IBC,
FL, LA
-

SIMPSON
Strong.:J'ie
,,,
G)
i=
,,
C:
ca
,,,
Q.
f!
en
120
0 Q)
i=
'0
C
co
0 C.
!.!
u5
292
Simpson Strong-Tie® Wood Construction Connectors
HL
Heavy Angle and Gusset
Versatile angle gussets and heavy angles promote standardization and construction economy, and are compatible with Simpson Strong-Tie structural hardware.

Finish: 7 ga. models - galvanized; 3 ga. models - Simpson Strong-Tie gray paint. May be ordered HOG or black powder coat (add HOG or PC to model no.); contact Simpson Strong-Tie.

Options:
• Gussets may be added to HL models when L ;:;: 5"
(specify G after model number, as in HL46G).

Codes: See p. 11 for Code Reference Key Chart
• These products are available with additional corrosion protection.

For more information, seep. 14.

Dimensions Bolts DF/SP
HL53

1. See pp. 266--267 for Straps
and Ties General Notes.

Model (in.) (Total) Allowable Loads Code Ga.

2. For SPF/HF lumber, use

0.85 x DF/SP allowable loads.
• • • • • •
• • • • • •
z
No.

HL33
HL35
HL37
HL43
HL46
HL49
HL53
HL55
HL57
HL73
HL76
HL79
Clip
7 7
7 3
3 3
7 7
7 3
3 3
W1
and L D1
W2
3¼ 2½ 1¼
3¼ 5 1¼
3¼ 7½ 1¼
4¼ 3 1½
4¼ 6 1½
4¼ 9 1½
5¾ 2½ 1¼
5¾ 5 1¼
5¾ 7½ 1¼
7¼ 3 1½
7¼ 6 1½
7¼ 9 1½
D2 D3 D4 Qty.

Single Row Angles
- 2 - 2
2½ 2 - 4
2½ 2 - 6
- 2¾ - 2
3 2¾ - 4
3 2¾ - 6
Double Row Angles
- 2 2½ 4
2½ 2 2½ 8
2½ 2 2½ 12
- 2¾ 3 4
3 2¾ 3 8
3 2¾ 3 12
Uplift F1 Dia. (160) (160)
½ 740 1,040
½ 740 1,310
½ 740 1,310
¾ 1,275 1,445
¾ 1,275 1,680
¾ 1,275 1,680
½ 740 1,310
½ 740 1,310
½ 740 1,310
¾ 2,445 2,885
¾ 2,445 4,310
¾ 2,445 4,310
Ref.
-
-

3. Parts should be centered on
the face of the member, which
is at least as wide as the angle,
to which they are attached .

4. Wood members for the "3" and
"5" series must have a minimum
thickness of 3½" for table loads
to apply.

5. Wood members for the "4" and
"7" series must have a minimum
thickness of 5 ¼" for table loads to apply.

6. Allowable loads are for a single connector.

Uplift loads may be doubled when using
two connectors. Connectors are required
on both sides to achieve lateral loads in
both directions. Lateral loads may not
be doubled.

7. Lag screws of equal diameter (minimum
5" long) may be substituted for bolts in
the beam with no reduction in load.

The Z clip secures 2x4 flat blocking between joists or trusses to support sheathing.

Material: See table
Finish: Galvanized
Installation:
• Use all specified fasteners; see General Notes.
• Z clips do not provide lateral stability. Do not walk on stiffeners or apply load until diaphragm is installed and nailed to stiffeners.

Codes: See p. 11 for Code Reference Key Chart
Model Dimensions (in.) Fasteners' DF/SP Allowable
No. Ga. (Total) Download
w H B TF (in.) (100/115/125/160)
Z2 20 2~. 1½ 13/a 13/a (4) 0.148 X 1 ½ 420
Z4 12 1½ 3½ 21/s 1¾ (2) 0.162 X 3½ 420
Z28 28 2~. 1½ 13/a 13/a 0.148 X 1 ½' -
Z38 28 2~. 2½ 13/a 13/a 0.148 X 1 ½' -
Z44 12 2½ 3½ 2 13/a (4) 0.162 X 3½ 775
Code
Ref.

IBC,
FL, LA
-

IBC, FL, LA
1 . Z28 and Z38 do not have nail holes. Fastener quantity and type shall be per designer.

2. Z4 loads apply with a nail in the top and a nail in the seat.

3. For SPF/HF lumber, use 0.86 x DF/SP allowable loads.

SIMPSON
Strong.:fie
HL55
Typical HL55
Installation
24 (others
similar)

4. Fasteners: Nail dimensions are listed diameter by length. Typical 22 Installation See pp. 21-22 for fastener information.

UPDATED 07/01/22
c.i
,;;
>- z
~ ;i,
0 ()
w
F;=
(!)
z
0 ~ z
0 U)
Q.
;i,
cii
" 0
C\J
@
" 0
C\J
(.)
(.)
121
U)
G)
(,)
C:
if
,,
C:
co
~ (,)
G)
C
300
Simpson Strong-Tie® Wood Construction Connectors
DJT14Z
Deck Joist Tie
The DJT14Z deck joist tie is designed to attach 2x deck joists to the side of 4x or larger support posts. The DJT14Z can be installed with either nails or bolts.

Material: 14 gauge
Finish: ZMAX® coating; see Corrosion Information, pp. 12-15 Installation:
• Use specified HOG fasteners; see General Notes
• Recommended: install on post first
• Minimum 2x4 joist and 4x4 post
Codes: See p. 11 for Code Reference Key Chart

SIMPSON
Strong.:fie
Typical DJT14Z
Installation
• These products are available with additional corrosion protection. For more information, seep. 14.
ml} For stainless-steel
fasteners, seep. 21 .
r.!':'I Many of these products are approved for installation ~ with Strong-Drive" SD Connector screws.

See pp. 348-352 for more information.

Fasteners Allowable Loads
Model Bolts Nails Bolts
No. Nails Floor Roof Floor Qty. Dia. (100) (125) (100)
OJT14Z (8)0.162x3½ 2 % 1,160 1,320 1,325
1 . Loads are for one DJT14Z.

2. Roof loads are 125% of floor loads unless limited by other criteria. Floor loads may be adjusted for load durations according to the code provided they do not exceed those in the roof column.

3. Install bolts or nails as specified by designer. Bolt and nail values may not be combined.

4. Fasteners: Nail dimensions are listed diameter by length. See pp. 21-22 for fastener information.

TA
Staircase Angle
For use in structurally sound staircase framing.

The TA eliminates costly conventional notching.

Material: 12 gauge
Finish: TA9ZITA 1 OZ - ZMAX® coating;
TA9SS/TA 1 OSS - stainless steel.

See Corrosion Information, pp. 12-15.

Order: May be ordered as kits with model numbers
TA9ZKT and TA 1 OZKT. Each kit includes two ZMAX
TAs and ¼" x 1 ½" Strong-Drive SOS Heavy-Duty
Connector screws.

Codes: See p. 11 for Code Reference Key Chart
• These products are available with additional corrosion protection. For more information, see p. 14.
ml} For stainless-steel
fasteners, see p. 21.

Fasteners Allowable
Model No. Downloads
Stringer Tread DF/SP (100)
(2) ¼" X 1 ½" SOS (3) ¼" X 1 ½" SOS 500
TA9Z
(3) ¼" X 1 ½" SOS (2) ¼" X 1 ½" SOS 750
TA10Z (3) ¼" X 1 ½" SOS (4) ¼" X 1 ½" SOS 750
TA10Z (4) ¼" X 1 ½" SOS (3) ¼" X 1 ½" SOS 1,000
1 . Loads may be adjusted for other durations according to the code.

2. Fasteners: SOS screws are Simpson Strong-Tie® Strong-Drive SOS Heavy-Duty Connector screws. See pp. 21-22 for fastener information.

Code
Ref.
-
Typical TA9Z
Installation
(install at
each end of
stair tread)
Roof
(125)
1,325
Code
Ref.

IBC, FL, LA
Alternate
Installation
ofTA10Z
Inverted for
Double 2x6
Treads
122

OFFICIAL NOTICE
November 15, 2023
TO: Prospective Bidders
PROJECT: LIFEGUARD TOWERS REPLACEMENT (FY 2024), Project No. 22104 FROM: A. Cesar Chamorro- Assistant Engineer
SUBJECT: Addendum No. 1 to the Bid Documents for the Lifeguard Towers Replacement (FY 2024), Project No. 22104
Transmitted herewith is Addendum No. I
The attached changes to the contract documents for the above project shal l be incorporated into the contract plans and specifications as part of this project.

The Contractor shall sign this page as acknowledgment of receipt of Addendum No. 1 and attach it to his/her bid proposal. Bids will not be accepted without this form attached.

We acknowledge receipt of Addendum o. I for the above mentioned project and hereby accept its terms and conditions as part of our bid.

US Builders and Consultants Jnc
Contractor's ame
Lifeguard Towers Replacement Project No.22104
Addendum No. I
123

OFFICIAL NOTICE
November 17, 2023
TO: Prospective Bidders
PROJECT: LIFEGUARD TOWERS REPLACEMENT (FY 2024), Project No. 22104 FROM: A. Cesar Chamorro - Assistant Engineer
SUBJECT: Addendum No. 2 to the Bid Documents for the Lifeguard Towers Replacement (FY 2024), Project No. 22104
Tran milled herewith is Addendum No. 2
The attached changes to the contract documents for the above project shall be incorporated into the contract plans and specifications as part of this project.

The Contractor shall sign this page as acknowledgment of receipt of Addendum No. 1 and attach it to his/her bid proposal. Bids will not be accepted without this form attached.

We acknowledge receipt of Addendum No. 2 for the above mentioned project and hereby accept its terms and conditions as part of our bid.

Signature - ~
~~ - - - -=:::... _______, --==~------- Date 1 I /28/2023 US Builders and Consultants Inc
Contractor's ame
Lifeguard Towers Replacement, Project o. 22104
Addendum No. 2
124

OFFICIAL NOTICE
ovem ber 20, 2023
TO: Prospective Bidders
PROJECT: LIFEGUARD TOWERS REPLACEMENT (FY 2024), Project No. 22104 FROM: A. Cesar Chamorro - Assistant Engineer
SUBJECT: Addendum No. 3 to the Bid Documents for the Lifeguard Towers Replacement (FY 2024), Project No. 22104
Transmitted herewith is Addendum No. 3
The attached changes to the contract documents for the above project shall be incorporated into the contract plans and specifications as part of this project.

The Contractor shall sign this page as acknowledgment of receipt of Addendum No. 1 and attach it to his/her bid proposal. Bids will not be accepted without this form attached.

We acknowledge receipt of Addendum No. 3 for the above mentioned project and hereby accept its terms and conditions as part of our bid.

Sign~ ------- Date I I /28/2023
US Builders and Consultants Inc
Contractor's ame
Lifeguard Towers Replacement, Project 1o. 22104
Addendum No. 3
ATTACHMENT 4
4882-9904-3949 v1
RESOLUTION NO. 24-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A

SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF
$86,533 FROM THE GENERAL FUND INTO ACCOUNT NO.
001-641-45700-000-22104 AND AWARDING A
CONSTRUCTION CONTRACT TO U.S. BUILDERS AND
CONSULTANTS, INC. FOR THE LIFEGUARD TOWERS
REPLACEMENT (FY 2024), CIP PROJECT NO. 22104,

AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH U.S. BUILDERS AND
CONSULTANTS, INC. IN THE AMOUNT OF $288,800, AND
APPROVING A 10% PROJECT CONTINGENCY
WHEREAS, the City’s beaches are served from 11 lifeguard towers that are near the end of their useful life and are in need of repairs; and WHEREAS, Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, is for the replacement of four lifeguard towers; and
WHEREAS, the estimated project construction cost is $340,800 and is funded from the General Fund, Lifeguard Towers Replacement, Account No. 001-641-45700-000- 22104, which has a current account balance of $254,267, making a supplemental appropriation in the amount of $86,533 from the General Fund into said project account necessary to fund the project; and
WHEREAS, Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, was competitively bid; and
WHEREAS, upon bid opening on November 28, 2023, the lowest responsive and responsible bidder was Tony Cossi Construction at $141,200 for the base bid; and WHEREAS, within five business days after the bid opening, on December 4, 2023, Tony Cossi Construction notified the City that it was withdrawing its bid pursuant to Public Contract Code section 5103 because of a mistake that they made while filling out the bid forms; and
WHEREAS, next lowest responsive and responsible bidder for the base bid was U.S. Builders and Consultants, Inc., in the amount of $288,800; and WHEREAS, Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the same site as the towers replaced and will have substantially the same purpose and capacity.
125
Resolution No. 24-24 Page 2
4882-9904-3949 v1
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein.

SECTION 2. That a supplemental appropriation in the amount of $86,533 from the General Fund into Account No. 001-641-45700-000-22104 is hereby approved; SECTION 3. That the City Council hereby finds that:
(a) A mistake was made in the bid submitted by Tony Cossi Construction; (b) Tony Cossi Construction gave the City written notice within five working days, excluding Saturdays, Sundays, and state holidays, after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred; (c) The mistake made the bid materially different than Tony Cossi Construction intended it to be; and
(d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications.

Accordingly, consistent with Public Contract Code section 5103, Tony Cossi Construction is hereby relieved of its bid.

SECTION 4. That the lowest responsive and responsible bidder for the base bid was U.S. Builders and Consultants, Inc., in the amount of $288,800, and the construction contract for the Lifeguard Towers Replacement (FY 2024) CIP Project No. 22104, is hereby awarded to U.S. Builders and Consultants, Inc.

SECTION 5. That the City Manager is authorized and directed to execute a construction contract with U.S. Builders and Consultants, Inc. in the amount of $288,800 for the Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, in a form substantially similar to that presented to the City Council on February 20, 2023.

SECTION 6. That a 10% project contingency in the amount of $28,900 is hereby approved.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2024. 126
Resolution No. 24-24 Page 3
4882-9904-3949 v1
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-24 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
127
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: February 20, 2024 Agenda Item: 10E
Submitted By: Public Works
Subject:
..titl e

RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND

CONSTRUCTION & DESIGN FOR BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD; RATIFICATION OF AN EMERGENCY PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH KPFF CONSULTING ENGINEERS FOR INSPECTION AND STRUCTURAL EVALUATION SERVICES DURING BRIDGE REMOVAL; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $69,037 ..body Fiscal Impact:

The emergency construction contract with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard is for $60,078. The emergency Professional Consultant Services Agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal is for $8,959. Therefore, a supplemental appropriation in the amount of $69,037 from the General Fund is requested into Account No. 014- 811-45300-000-11810 to fund the project.

Summary:

On January 15, 2024, the Mariposa Pedestrian Beach Trail Bridge between Mariposa and El Portal beach accesses was closed due to damage to the City’s bridge caused by a coastal bluff failure. Continued slope movement detached two 86 feet bridge spans from their supports on January 24, 2024, and debris from the slope covered a portion of the railroad tracks shutting down train service. To temporarily stabilize the landslide material and return train service, OCTA and Metrolink removed the City’s two bridge spans and began grading. The removed bridge spans were relocated to Metrolink’s construction yard (see attachment 1 for Location Map). Due to limited space, Metrolink requested the City’s removal of the bridge sections as soon as possible.

Before the City Council for consideration is a resolution (Attachment 2) to ratify an emergency construction contract (Attachment 3) with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard in the amount of $60,078, to ratify an emergency Professional Consultant Services Agreement (Attachment 4) with KPFF for inspection and structural evaluation services during the bridge removal in the amount of $8,959, and to approve a supplemental appropriation in the amount of $69,037.

Background:

Staff requested informal proposals for removal and disposal of the two bridge spans located at Metrolink’s yard, while salvaging the wood planks for City’s future use, from a local contractor (GCI Construction, Inc.) and two other contractors (O’Connell Engineering & Construction, and 1 Meeting Date: February 20, 2024 Agenda Item: 10E

CITY OF SAN CLEMENTE
Diamond Construction & Design), who have all previously satisfactorily completed construction projects for the City. Two proposals were received: from Diamond Construction & Design in the amount of $57,400, and from GCI Construction, Inc. in the amount of $62,900 (which is $58,497 with application of the local vendor preference of 7%).

Staff reviewed the proposals and recommended the City Manager approve an emergency construction contract with Diamond Construction & Design. The final cost of the project was $60,078 due to additional costs to add (1) bonding, the cost of which neither contractor had included in their original informal bids, and (2) removal and disposal of additional debris that was not initially identified by Metrolink when the contractors inspected the site.

Since January 24, 2024 and few days after, during work by Metrolink’s contractor in removal of the bridge spans, City’s consulting structural engineer (i.e., KPFF), who had been previously working for the City in connection with the bridge, was called in and consulted with to provide inspection and structural assessment and participate in meetings with City, OCTA and Metrolink regarding dismantling and demolition of the bridge spans prior to their removal. KPFF submitted an invoice in the amount of $8,959 for the services provided. Staff reviewed the invoice and recommends ratifying an emergency Professional Consultant Services Agreement with KPFF for this expenditure.

Council Options:
 Adopt Resolution No. 24-25 (Attachment 3) ratifying the emergency construction contract with Diamond Construction & Design; ratifying the emergency Professional Consultant Services Agreement with KPFF; and approving a supplemental appropriation in the amount of $69,037.  Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis
This project was previously determined to be statutorily exempt from the California Environmental Quality Act (CEQA) because it is an “Emergency Project” pursuant to Section 15269 of the state CEQA Guidelines (14 CCR 15269).

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-25, which would:

1. Make a finding that an emergency existed due to the need for immediate disposal of the damaged two bridge spans of the Pedestrian Beach Trail from the Metrolink Yard due to its limited capacity and required immediate action to protect public health and safety, which might not have been possible to maintain if delays attributable to the typical public competitive bidding process had been incurred;

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health;

3. Ratify an emergency construction contract with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard in the amount of $60,078; 2 Meeting Date: February 20, 2024 Agenda Item: 10E

CITY OF SAN CLEMENTE

4. Ratify an emergency Professional Consultant Services Agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal in the amount of $8,959; and

5. Approve a supplemental appropriation in the amount of $69,037 from the General Fund is requested into Account No. 014-811-45300-000-11810.
..end
Attachment:

1. Location Map

2. Resolution No. 24-25

3. Emergency Construction Contract with Diamond Construction & Design

4. Emergency Professional Consultant Services Agreement with KPFF Consulting Engineers Notification:

None.
3 !(
!(
Metrolink Construction Yard
Bridge Trail Bridge
© OpenStreetMap (and) contributors, CC-BY-SA
I
0 3,250 6,500 1,625
Feet
910 Calle Negocio
San Clemente, CA 92673
City of San Clemente

LOCATION MAP
Pedestrian Bridge
Demolition and Removal
from MetroLink Yard
Attachment 1
S:\cu\public\CMMS\GIS\Users Files\Emily Sherwood\Projects\Mariposa Bridge Presentation\Location Map Bridge Removal.mxd 4 ATTACHMENT 2
4882-9904-3949 v1
RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING AN

EMERGENCY CONSTRUCTION CONTRACT WITH

DIAMOND CONSTRUCTION & DESIGN FOR BRIDGE

DEMOLITION AND REMOVAL FROM METROLINK YARD
IN THE AMOUNT OF $60,078; RATIFYING AN

EMERGENCY PROFESSIONAL CONSULTANT SERVICES

AGREEMENT WITH KPFF CONSULTING ENGINEERS

FOR INSPECTION AND STRUCTURAL EVALUATION

SERVICES DURING BRIDGE REMOVAL IN THE AMOUNT
OF $8,959.10; AND APPROVING A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $69,037.10
WHEREAS, on January 15, 2024, the Mariposa Pedestrian Beach Trail Bridge between Mariposa and El Portal beach accesses was closed due to damage to the City’s bridge caused by a coastal bluff failure; and
WHEREAS, on January 24, 2024, continued slope movement detached two 86 feet bridge spans from theirs supports, and debris from the slope covered a portion of the railroad tracks shutting down train service; and
WHEREAS, OCTA and Metrolink removed the City’s two bridge spans to stabilize the landslide material and return train service; and
WHEREAS, the removed bridge spans were relocated to Metrolink’s construction yard and Metrolink requested the City’s removal of the bridge sections from the Metrolink yard as soon as possible due to limited space; and
WHEREAS, staff requested informal proposals for removal and disposal of the two bridge spans located at Metrolink’s yard and received two (2) proposals ranging from $57,400 to $62,900 for the Project; and
WHEREAS, staff reviewed the proposals and recommended that the City Manager declare an emergency and approve a construction contract with Diamond Construction & Design to provide the removal of the two bridge spans from the yard; and WHEREAS, staff consulted with City’s consultant structural engineer (i.e., KPFF Consulting Engineers), who had been previously been working for the City on the bridge, to provide inspection, structural assessment and participate in meetings with City, OCTA and Metrolink regarding dismantling and demolition of the bridge spans prior to removal; and
WHEREAS, KPFF Consulting Engineers submitted an invoice in the amount of $8,959 for the services provided; and
WHEREAS, this project was previously determined to be statutorily exempt from 5 Resolution No. 24-25 Page 2
4882-9904-3949 v1
the California Environmental Quality Act (CEQA) because it is an “Emergency Project” pursuant to Section 15269 of the state CEQA Guidelines (14 CCR 15269).

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. That the above recitations are true and correct and incorporated herein.

SECTION 2. That an emergency existed due to the need for immediate disposal of the damaged two bridge spans of the Pedestrian Beach Trail from the Metrolink Yard due to its limited capacity and required immediate action to protect public health and safety, which might not have been possible to maintain if delays attributable to the typical public competitive bidding process had been incurred.

SECTION 3. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

SECTION 4. That the emergency Construction Contract Agreement for pedestrian bridge demolition and removal from Metrolink’s yard with Diamond Construction & Design in the amount of $60,078 is hereby ratified and approved for execution by the City Manager in a form substantially similar to that presented to the City Council on February 20, 2024.

SECTION 5. That the emergency professional consultant agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal in the amount of $8,959.10 is hereby ratified and approved for execution by the City Manager in a form substantially similar to that presented to the City Council on February 20, 2024.

SECTION 6. That a supplemental appropriation in the amount of $69,037.10 from the General Fund into Account No. 014-811-45300-000-11810 is hereby approved.

SECTION 7. That the City Manager, or his designee, is authorized to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 20th day of February, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
6 Resolution No. 24-25 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-25 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 20th day of February, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
7 55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

PEDESTRIAN BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD

1. PARTIES AND DATE.

This Contract is made and entered into this _______day of___________, 2024 by and between the City of San Clemente, a public agency of the State of California (“City”) and Diamond Construction & Design, a California general partnership with its principal place of business at 921 N. Harbor Boulevard, Suite 622, La Habra, CA 90631 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Public Works Demolition and Removal related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: California Contractor License “A”.

2.3 Project. City desires to engage Contractor to render such services for the Pedestrian Bridge Demolition and Removal from Metrolink Yard (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”, Scope of Work)
• Plans and Specifications (Exhibit “B”) (N/A)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”) (N/A)
• Insurance Requirements (Exhibit “H)
• Addenda (N/A)
• Change Orders executed by the City (N/A)
ATTACHMENT 3
8 55452.01510\32977834.2
2 • Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid (See Exhibit “A”)

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 9 55452.01510\32977834.2
3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within Ten (10) Working Days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Eight Hundred Dollars] ($800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor 10 55452.01510\32977834.2
4 represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Sixty Thousand Seventy Eight Dollars ($60,078.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract 11 55452.01510\32977834.2
5 Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 12 55452.01510\32977834.2
6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. 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. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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 the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 13 55452.01510\32977834.2
7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 14 55452.01510\32977834.2
8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 15 55452.01510\32977834.2
9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 16 55452.01510\32977834.2
10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 17 55452.01510\32977834.2
11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 18 55452.01510\32977834.2
12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 19 55452.01510\32977834.2
13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 20 55452.01510\32977834.2
14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or 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, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 21 55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill 22 55452.01510\32977834.2
16 the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.15.1Warranty Bonds. At the time of completion of the project and prior to acceptance, a warranty bond in the amount of 25% of the contract price shall be required for a period of one (1) year after City recordation of Notice of Completion.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. 23 55452.01510\32977834.2
17 3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City 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. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
24 55452.01510\32977834.2
18 3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Diamond Construction & Design
921 N. Harbor Boulevard, Suite 622
La Habra, CA 90631
Attn: Stelian Onufrei
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Laura Campagnolo and Amir K. Ilkhanipour, Principal Civil Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]
25 55452.01510\32977834.2
19 3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.17.21 Federal Provisions. (Not Applicable)
26 55452.01510\32977834.2
20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated: _______________, 2024
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Diamond Construction & Design

By:_____________________________
Stelian Onufrei, Partner
Dated: __________________, 2024

By:_____________________________
Adrian O’Brian, Partner
Dated: __________________, 2024
27 55452.01510\32977834.2
21 EXHIBIT “A”

PEDESTRIAN BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD

SCOPE OF WORK
Contractor shall perform the following services to the City’s satisfaction at the following cost:

Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Item
Cost
1 Mobilization L.S. 1 $1,650 $1,650
2 Cutting and dismantling
bridge members
L.S. 1 $34,000 $34,000
3 Removal and salvaging of
the planks to City Yard
L.S. 1 $19,000 $19,000
4 Contractor’s Staff SCRRA
training class on Monday,
2/5/24 (*)
L.S. 1 $1,000 $1,000
5 Removal of all debris (i.e.
dismantled bridge members)
on Tuesday 2/6/2024 and
Wednesday, 2/7/2024
L.S. 1 $1,750 $1,750
6 Extra work hauling away
bridge metal debris from the
Metrolink Yard after the bids
were received
L.S. 1 $1,500 $1,500
7 Payment and Performance
Bonds Fee
L.S. 1 $1,178 $1,178
Total Price: $60,078
(*) Training class fees paid for by the City.

Contractor is also responsible for providing the following services to the City for no additional cost:
- Delivery of salvage wood planks to the City Yard.
28 55452.01510\32977834.2
22 - Recycling steel members and for providing the City with recycling related paperwork upon completion.

There are no reimbursable expenses under this Agreement. 29 CONTRACT / BID PROPOSAL
DATE: 2/3/2024
PROJECT:

Pedestrian Demolition and Removal
from Metrolink Yard

DIAMOND CONSTRUCTION & DESIGN
921 N Harbor Blvd #622
La Habra, Ca 90631
Tel.: (909) 802-1002
Fax: (714) 276-0596
C/L# 521295
CUSTOMER:

VIA FAX:

ATTN:

Accepted by:

Labor and materials will be provided for:

QTY UNIT SCOPE OF WORK: COST TOTAL
1 LS Mobilization 1,650.00 1,650.00
1 LS Cutting and dismantling bridge members 34,000.00 34,000.00 1 LS Removal and salvaging of the planks to City Yard 19,000.00 19,000.00 Contractor’s staff SCRRA training class on
Monday, 2/5/24 (training fees paid by City)
1 LS 1,000.00 1,000.00
Removal of all debris (i.e. dismantled bridge
members) on Tuesday and Wednesday, 2/6 and
2/7/24
1 LS 1,750.00 1,750.00
The extra work hauling away bridge metal debris
from the Metrolink Yard
1 LS 1,500.00 1,500.00
SUBTOTAL $58,900
1 LS BOND FEE 2% 1,178.00 1,178.00
Notes:
- wood planks will be taken to the city yard
- steel will be recycled and paperwork will be
provided upon completion
- procuring payment and performance bond
_____________________________________
General Exclusions: Permit fees, asphalt removal and repair, concrete removal and repair, saw cutting, bonds, import and export of dirt, any hard ground digging not able to be dug by backhoe, de-watering, acid pipe, not responsible for utility lines not shown on plans or located by USA (if encountered), trench drain, grass or landscape replacement, surveying, finish grade, rock and stone digging, slurry, regulators, perforated pipe, grease interceptors, traffic control, meters, parkway drain, vaults, sumpump, pump house, piping and pumps, trash pits, rip rap, paving, and electrical conduits, sewer pump, lift station, gas regulators, culvert. No demo removal of any kind.

NOTE: Change orders will require written authorization. This document will be incorporated into any future contracts. $60,078.00 30
55452.01510\32977834.2
- 23 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS

NOT APPLICABLE
31 55452.01510\32977834.2
- 24 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
32 55452.01510\32977834.2
- 25 -
EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 33 I.
□
C
55452.01510\32977834.2
- 26 -
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
34 55452.01510\32977834.2
- 27 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
35 55452.01510\32977834.2
- 28 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
36 55452.01510\32977834.2
- 29 -

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount 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 CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
37 55452.01510\32977834.2
- 30 -
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

38 55452.01510\32977834.2
- 31 -
(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
39 55452.01510\32977834.2
- 32 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
40 55452.01510\32977834.2
- 33 -

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) 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, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 41 55452.01510\32977834.2
- 34 -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
42 55452.01510\32977834.2
- 35 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
43 55452.01510\32977834.2
- 36 -
EXHIBIT “G”

FEDERAL REQUIREMENTS

NOT APPLICABLE
44 55452.01510\32977834.2
- 37 -
EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]: Not used
(E) Contractors Pollution Liability: Not used.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.
45 55452.01510\32977834.2
- 38 -
Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.13.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with 46 55452.01510\32977834.2
- 39 -
all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.13.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.

3.13.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.13.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.13.11 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 47 ATTACHMENT 4

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2024, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and KPFF Consulting Engineers, a California CORPORATION, with its principal place of business at 400 Oceangate, Suite 500, Long Beach, CA 90802 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional structural assessment consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional structural assessment consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional structural assessment consulting services to provide structural inspection during emergency work due to soil failure for Mariposa Pedestrian Bridge, located at the San Clemente Beach Trail, north of the Pier ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services for construction support and special inspection for the Project (“Services”). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 2, 2024 to January 2, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 48 2
55452.01100\31193624.5
behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Amethyst Webb, PE, Associate ([email protected]).

3.2.6 City's Representative. The City hereby designates David Rebensdorf, Public Works Director / City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.7 Consultant's Representative. Consultant hereby designates Amethyst Webb, PE or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's 49 3
55452.01100\31193624.5
Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s 50 4
55452.01100\31193624.5
expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight Thousand, Nine Hundred and Fifty-Nine Dollars and Ten Cent ($8,959.10) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant 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. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or 51 5
55452.01100\31193624.5
alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: KPFF Consulting Engineers
400 Oceangate, Suite 500 Long Beach, CA
52 6
55452.01100\31193624.5
ATTN: Amethyst Webb, PE, Associate– KPFF PM
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Director of
Public Works / City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal 53 7
55452.01100\31193624.5
action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
54 8
55452.01100\31193624.5

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business 55 9
55452.01100\31193624.5
Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed electronically with the same force and effect as an original, ink signature.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 56 10
55452.01100\31193624.5

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: David Rebensdorf, Public Works Director
______________________________ Dated: ____________________, 2024 CITY CLERK of the City o
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

KPFF Consulting Engineers
(“CONSULTANT”)
_____________________________
Amethyst Webb, PE, Associate
_____________________________
Robert Riley, PE, SE Principal

Dated: __________________, 2024
EXHIBIT "A"
57 11
55452.01100\31193624.5

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”):
• Coordination with the City – Attend meetings, respond to emails, take phone calls. • Visiting the site for a preliminary condition assessment on January 24, 2024, to observe the current condition of the bridge.
• Summarize Meetings Minutes from meeting with the City post site visit. • Provide knowledge on existing bridge information when requested. • Provide immediate response to structural engineering questions and recommendations. • Visiting the site for team meeting and engineering support during bridge span removal by OCTA and Metrolink on January 25, 2024.
• Create Field Report.
58 1
55452.01100\31193624.5
EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
(Not Applicable)
59 ATTACHMENT 4
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall perform the Services diligently and according to the timetable requested by the City.
60 55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
61 55452.01100\31193624.5
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
62 55452.01100\31193624.5

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 63 55452.01100\31193624.5
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
64 55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services performed by Consultant under this Agreement, the City shall pay the Consultant the following lump sum fees based on the tasks identified below:

COST
1 -Preliminary Condition Assessment $ 4,748.70
2- Structural Engineering Support $4,130.00
3- Mileage $80.40
TOTAL: $8,959.10
65 55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, 66 55452.01100\31193624.5
INTEREST, AND ATTORNEY’S FEES.

Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
67 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: February 20, 2024 Agenda Item: 10F
Submitted By: Public Works
Subject:
..titl e

RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND CONSTRUCTION & DESIGN FOR PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA PROJECT; APPROVING A PROJECT CONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99,585 ..body Fiscal Impact:

A supplemental appropriation in the amount of $99,585 to Account Number 059-553-43420-000- 26001 from the Storm Drain Depreciation Fund is requested for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista.

Summary:

On February 5, 2024, a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall adjacent to Calle Grande Vista between Calle Grande Vista and the Shorecliffs Golf Course failed. See the location map (Attachment 1) for the approximate location of the damaged channel wall.

Before the City Council for consideration is a resolution to ratify an emergency construction contract with Diamond Construction & Design for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, in the amount of $77,215, approve a 19% project contingency and approve a supplemental appropriation in the amount of $99,585 to fund the project.

Background:

On February 5, 2024, a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall failed. Repairs were unable to be completed due to the continued rainfall and the large amount of runoff through the channel. During this time the slope and nearby residence were monitored.

Staff requested proposals from three contractors, including one local contractor (GCI Construction, Inc.) within the City for the removal of the damaged wall and other debris, the stabilization of the slope and the temporary diversion of the waters within the channel to further protect the slope from added erosion at the base of the slope. All three of these companies have completed previous projects for the City satisfactorily. Staff received two proposals in the amounts of $77,215 and $142,000 from Diamond Construction & Design and Harbor Coating & Restoration, respectively.

Staff reviewed the two proposals and recommended that the City Manager declare an emergency and approve a construction contract with Diamond Construction & Design to complete repairs for 1 Meeting Date: February 20, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE
the stabilization of the channel wall. The construction contract has been drafted and signed by Diamond Construction & Design (Attachment 2) and it before the City Council for ratification. The work must be completed before additional precipitation occurs and potentially increases to the deterioration of the channel wall and adjacent slope.

Based on the low bid, the estimated construction cost for this project is as follows:

Construction Administration, Management & Inspection: $ 7,700 Construction Contract: 77,215
Contingency (19%): 14,670
Total Estimated Construction Cost: $ 99,585
As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract.

Council Options:
 Adopt Resolution No. 24-26 (Attachment 3) ratifying the Emergency Construction Contract with Diamond Construction & Design, approving a 19% project contingency and approving a supplemental appropriation in the amount of $99,585.
 Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to the repair of an already existing flood control channel under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption has been filed for this project (See Attachment 4).

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-26, which will:

1. Make a finding that an emergency existed due to the need for immediate channel and slope stabilization and required immediate action to protect public health and safety, which might not have been possible if delays attributable to the typical public competitive bidding process had been incurred;

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health;

3. Approve a supplemental appropriation in the amount of $99,585 to Account Number 059-553- 43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista;

4. Ratify the Construction Contract with Diamond Construction & Design for an amount not to exceed $77,215 for the stabilization of the M01 channel wall and its adjacent slope; and 2 Meeting Date: February 20, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE

5. Approve a 19% project contingency of $14,670.
..end
Attachment:

1. Location Map

2. Draft Contract

3. Resolution 24-26

4. Notice of Exemption
Notification:

All bidders.
3 VIA SENDA

VIA MONTECITO VIA SANTO TOMAS

VIA VISTOSA

VIA CASA L

AVE VAQUERO

VIA VERBENA AVE VAQUERO VIA MONTEGO VIA BANDITA VIA LADO

VIA MONTECITO

CLE VISTA TORITO VIA MONTEGO

MONTE VIS

VIA CASCADITA

VIA BREVE

VIA SAN GORGONIO VIA SAN JACINTO

LA VENTANA

VIA CORBINA
CAM.

CAPISTRANO

VIA ANDA

CLE GRANDE VIS
M01 Grande Vista
Channel Wall Stabilization
PN 26001

NOT TO SCALE

PROJECT

LOCATION
ATTACHMENT 1
4 55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT
35,0$'(6+(&+$&$1$'$&+$11(/
)$&,/,7<12M01
:$//67$%,/,=$7,21$7 GRANDE VISTA

1. PARTIES AND DATE.

This Contract is made and entered into this WK day of February, 2024 by and between the City of San Clemente, a public agency of the State of California (“City”) and Diamond Construction & Design, a Partnership entity with its principal place of business at 921 North Harbor Boulevard Suite #622, La Habra, CA 90631 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing concrete wall construction related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: CA Contractor’s License “A.”

2.3 Project. City desires to engage Contractor to render such services for the M01 Grande Vista Structural Repairs (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
x Services/Schedule (Exhibit “A”)
x Plans and Specifications (Exhibit “B”)
x Special Conditions (Exhibit “C”)
x Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) x Public Works Contractor Registration Certification (Exhibit “E”) x Payment and Performance Bonds (Exhibit “F”)
x Federal Requirements (Exhibit “G”)
x Insurance Requirements (Exhibit “H)
x Addenda
x Change Orders executed by the City
$77$&+0(17
5 55452.01510\32977834.2
2 x 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
x Notice Inviting Bids, if any
x Instructions to Bidders, if any
x Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 6 55452.01510\32977834.2
3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within fourteen (14) calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and 7 55452.01510\32977834.2
4 approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Seventy-Seven Thousand, Two Hundred and Fifteen Dollars ($77,215.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with 8 55452.01510\32977834.2
5 this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 9 55452.01510\32977834.2
6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. 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. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, 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 the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 10 55452.01510\32977834.2
7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 11 55452.01510\32977834.2
8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 12 55452.01510\32977834.2
9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 13 55452.01510\32977834.2
10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 14 55452.01510\32977834.2
11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 15 55452.01510\32977834.2
12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 16 55452.01510\32977834.2
13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 17 55452.01510\32977834.2
14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or 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, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in ONUFRE
18 55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.13.1 3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) 19 55452.01510\32977834.2
16 days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.15.1 Warranty Bonds. At the time of completion of the project and prior to acceptance, a warranty bond in the amount of 25% of the contract price shall be required for a period of one (1) year after City recordation of Notice of Completion.3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.
20 55452.01510\32977834.2
17 3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City
³ƍ&RQWUDFWRU¶V 5HSUHVHQWDWLYH´
  )ROORZLQJ
approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City 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. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 21 55452.01510\32977834.2
18 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Diamond Construction & Design
921 North Harbor Boulevard #622
La Habra, CA 90631
Attn: Stelian Onufrei
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Amir Ilkhanipour, Principal Civil Engineer
Laura Campagnolo, City Clerk
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]
22 55452.01510\32977834.2
19 3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

3.17.21 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and 23 55452.01510\32977834.2
20 adequately comply with the provisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control. [SIGNATURES ON NEXT PAGE]
24 25
iN WITNESS WHEREOF, tl1e parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

San Clemente, California
APPROVED AS TO FORM:
cfi.;,;,,,j-.;:7;;:._--~ ). -~-u:-i.e ... /.-(..,...·' __ _ Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
~ S~d
Finance Authorization
21 Diamond Construction & Design
Stelian Onufrei, Partner
Dated: February 11 2024
' --
~L-r D~a1--4
By: ___________ _
Adrian O'Brian, Partner
Dated: February 11 ,20~
55452.01510\32977834.2
22 EXHIBIT “A”

SERVICES / SCHEDULE
Bid Item
No.

Bid Item Description Unit of
Measure
Est.

Qty
Unit
Price
Total Item
Cost

1. Mobilization LS 1 $3,265 $3,265

2. Channel Flow Diversion by
placing K-Rails including
plastic tarps, sand bags and
any other materials needed to
dry out the other side of the
channel (assume 110’ long)
for work
LS 1 $46,000 $46,000

3. Debris Removal from the
channel to an authorized
disposal site
LS 1 $4,520 $4,520

4. Placement of 2-foot riprap at
the toe, two-row high for a
length of 90’, including fabric
behind the rock and smaller
size riprap for a good
gradation
LS 1 $14,750 $14,750

5. Performance and Payment
Bonds costs
LS 1 $1,432 $1,432

6. Additional Cost for work this
Saturday (2/10) and Sunday
(2/11)
LS 1 $4,164 $4,164

7. Traffic Control per WATCH LS 1 $3,084 $3,084
26 DIAMOND CONSTRUCTION & DESIGN
921 N HARBOR BLVD #622, LA HABRA, CA 90631
TEL. 909.802.1002 FAX 714.276.0596
February 9, 2024 REF: City of San Clemente

SCHEDULE OF VALUES – T & M RATES

ACTIVITY RATE/HR
Backhoe and Operator $245.00
Backhoe + Breaker and Operator $350.00
Mini-Excavator and Operator $290.00
Excavator and Operator $350.00
Skip loader and Operator $250.00
Loader and Operator $370.00
Blade and Operator $265.00
Dozer and Operator $285.00
Bobcat(Tire) and Operator $195.00
Bobcat(Tire)+Breaker + Operator $255.00
Bobcat(Tracks) and Operator $230.00
Bobcat(Tracks)+Breaker+ Operator $370.00
Roller/compactor (84”ride on) $195.00
Roller/compactor (54”ride on) $170.00
Roller Paving smooth drum $160.00
Water Truck, Operator $170.00
Forklift and Operator $160.00
Compressor and Jackhammer $110.00
Walker /Jumping Jack $70.00
Pump + Generator $65.00
Compaction Wheel Backhoe $90.00
Service Truck $75.00
Foreman $133.00
Superintendent $173.00
Contractor’s Labor $107.00
Operator $147.00
Saw-cutting – min 4hr $160.00
27 Delivery Truck –10 wheeler – 14 ton $160.00
Dump truck $170.00
Super 10 – 18 tons $170.00
End-Dump – 22 tons $195.00
Delivery equipment under 10,000 lbs $185/hr Port to Port Delivery equipment over 10,000 lbs $225/hr Port to Port In addition to the above rates, a profit and overhead charge will be applied at a rate of 15%. **Due to the high price of fuel, each machine will be assessed and additional fee for fuel surcharge at $152/day.

STELIAN ONUFREI ONUFREI
28 55452.01510\32977834.2
- 23 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
(NOT APPLICABLE)
29 55452.01510\32977834.2
- 24 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
30 55452.01510\32977834.2
- 25 -
EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. x
James River Insurance
00126935-2
31 D
□
□
55452.01510\32977834.2
- 26 -
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
February 11 24

STELIAN ONUFREI
general partner
921 N HARBOR BLVD #622
La Habra, Ca 90631
32 55452.01510\32977834.2
- 27 -
EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
x Contractor shall maintain a current DIR registration for the duration of the project. x Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. x Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

DIAMOND CONSTRUCTION & DESIGN
1000024690
06/30/25
x

DIAMOND CONSTRUCTION & DESIGN
STELIAN ONUFREI general partner
February 11, 2024
33 l
55452.01510\32977834.2
- 28 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
34 0‹ˆj± K‹±
"±
N’l
|¥
±}œ±}ˆg„¥jlj±~ˆ±¢l±Žl—‹“
c‰gl±e‹ˆj±
9lg¥Ÿlj±}‰%±
±2‹¥ˆŸl’Žc›±





DJLZ±-EE±H7J±/]±U>7R7±OP7R7JUR±U{d ±
Z>7P7-R ±  {m± 1 ­± Œp±RdŠ± 1‚m†mŠ m± {m”mŠdwm”± kmyŠd mk± d±  {m±
1£ ±f­± dh ŒŠ± dmŠ± Œ”± d± ”mŒ‚¦ ŒŠ± dmk±a;le’¥c’­±_± ±
±±
 {d± d©d”kmk±  Œ± 5}c
‹ˆj±4ˆž’¥i~‹ˆ±±5lœ|zˆ±
{m”mŠdwm”±kmyŠd nk±d± {m±
O”Šhd‚ ±d±hŒŠ ”dh ±pŒ”± {m±©Œ”±kmh”fmk±d±pŒ‚‚Œ©&±

I) <QK5
8
YT
 2
?. ±K K±8F±± [±± .FF
T°*0A+G,M
K±aaaaaab± {m±
O”Œ€mh (±dŠk±
Z>7P7-R ± {m±©Œ”± Œ±fm±m–pŒ”†mk±f­± {m±O”Šhd‚±±†Œ”m±d” h¦‚d”‚­±m ±pŒ”¡{±Š± {m± 1ŒŠ ”dh ± 6Œh¦†mŠ ± pŒ”± {m±O”Œ€mh ± kd mk±;le’¥c’­±  ± 
 
1ŒŠ ”dh ± 6Œh¦†mŠ  ± {m± m”‡±
dŠk±hŒŠk ŒŠ±Œp±©{h{±d•m±m¬”m‚­±ŠhŒ”Œ”d mk±f­±”mpm”mŠhm'±dŠk± Z>7P7-R ±dk±O”Šhd‚±± ”m‘¦”mk± Œ±p¦”Š{±d±fŒŠk±Š± hŒŠŠmh ŒŠ±© {±dk±hŒŠ ”dh (± ”Œ§kŠy±  {d ± p± dk±O”Šhd‚± Œ”± dŠ­± Œp±  ± R¦fhŒŠ ”dh Œ”± {d‚‚± pd‚±  Œ± d­± pŒ”± dŠ­±†d m”d‚ ± ”Œ§ŒŠ ±”Œ§mŠkm” ±m‘¦†mŠ  ±Œ”±Œ {m”±¦‚m±¦mk±Š ±¦ŒŠ ±pŒ”±Œ”±dfŒ¦ ± {m±m”tŒ”†dŠhm± Œp±  {m± ©Œ•± hŒŠ ”dh mk±  Œ± fm± kŒŠm ± Œ”± pŒ”± dŠ­± ©Œ”± Œ”± ‚dfŒ”± kŒŠm±  {m”mŒŠ± Œp± dŠ­± Šk ± Œ”± p”± d†Œ¦Š ± k¦m± ¦Škm”±  {m± XŠm†‚Œ­†mŠ ± BŠ¦”dŠhm± 3Œkm± Œ”± pŒ”± dŠ­± d†Œ¦Š ± ”m‘¦”mk±  Œ± fm± kmk¦h mk ±© {{m‚k ±dŠk±dk±Œ§m”± Œ± {m±7†‚Œ­†mŠ ±6m§m‚Œ†mŠ ±6md” †mŠ ±p–Œ†± {m±©dym± Œp±m†‚Œ­mm±Œp±dk±O”Šhd‚±dŠk± ±R¦fhŒŠ ”dh Œ”±© {±”mmh ± Œ±¦h{±©Œ”±Œ”±‚dfŒ”± {m±R¦”m ­± ŒŠ± {±fŒŠk±©‚‚±d­±v”± {m±d†m± Œ± {m±m¬ nŠ ±{m”mŠdwm”±m ±u” {± JL\±U>7P7:LP7 ±©m ±  {m± O”Šhd‚± dŠk± 







 d± R¦”m ­ ±
d”m±{m‚k±dŠk±q”†‚­±fŒ¦Šk±¦Š Œ± {m±1 ­±Š± {m±mŠd‚±¦†±Œp± Sl¨lˆ¤±Sl¨lˆ±W‹¥œcˆj±Vª‹±@¥ˆj’o± ;}xllˆ±cˆj±± 6Œ‚‚d”±!!

± ¯±‚d«¦‚±†ŒŠm­±Œp± {m±XŠ mk±R d m±Œp±-†m”hd ±pŒ”± {m±d­†mŠ ±Œp± ©{h{± ¦†±©m‚‚±dŠk±  ”¦‚­±  Œ±fm±†dkm ±©m±fŠk± Œ¦”m‚§m ±Œ¦”±{m” ±m¬mh¦ Œ” ± dk†Š ”d Œ” ±¦hhmŒ”±dŠk±dyŠ ±€ŒŠ ‚­±dŠk±m§m”d‚‚­ ±p”†ƒ­±f­± {mm±”mmŠ ± U>7± 1LJ6CUCLJ± L:± U>CR± L/EC=-UCLJ± CR± RX1>±  {d ± p± dk± O”Šhd‚ ± {± Œ”±  ± ¦fhŒŠ ”dh Œ” ±{m”
± m¬mh¦ Œ” ±dk†Š ”d Œ” ±¦hhnŒ”± Œ”± dyŠ ±{d‚‚±pd‚± Œ± d­±dŠ­±Œp± {m±m”ŒŠ±Šd†mk±Š±Rmh ŒŠ±$±Œp± {m±3§‚±1Œkm ±pd‚± Œ±d­±pŒ”±dŠ­±†d m”d‚ ±”Œ§ŒŠ±Œ”± Œ {m”±¦‚m ±¦mk±Š ±¦ŒŠ ±pŒ”±Œ”±dfŒ¦ ± {m±m™Œ”†dŠhm±Œp± {m±©Œ”±hŒŠ ”dh mk± Œ±fm±kŒŠm ±Œ”± pŒ”±dŠ­±©Œ”± Œ”±‚dfŒ”± {m”mŒŠ±Œp±dŠ­±Šk ±Œ”± d†Œ¦Š ±k¦m±¦Škm”± {m± XŠm†‚Œ­†mŠ ± CŠ¦”dŠhm± 1Œkm±© {±”mmh ± Œ±©Œ”±Œ”±‚dfŒ”±m™Œ”†nk±¦Škm”± {m±hŒŠ ”dh  ±Œ”±p”±dŠ­±d†Œ¦Š ±”m‘¦”mk± Œ± fm±kmk¦h nk ±© {{m‚k ±dŠk±dk±Œ§m”± Œ± {m±7†‚Œ­†mŠ ±6m§m‚Œ†mŠ ±6mdš†mŠ ±Œ”±:”dŠh{m± Ud¬±/Œd”k± p”Œ†± {m± ©dym± Œp±m‡‚Œ­mm± Œp±  {m± hŒŠ ”dh Œ”± dŠk± {± ¦fhŒŠ ”dh Œ”± ¦”¦dŠ ± Œ± Rmh ŒŠ±#
±Œp± {m±Pm§mŠ¦m±dŠk±Ud¬d ŒŠ±3Œkm ±© {±”mmh ± Œ±¦h{±©Œ”±dŠk±‚dfŒ”± {m±R¦”m ­± Œ”±R¦”m m±©‚‚±d­±pŒ”± {m±d†m ±Š±dŠ±d†Œ¦Š ±ŠŒ ±m¬hnmkŠy± {m±¦†±{m”mŠ±dfŒ§m±mhqmk± U{± fŒŠk± {d‚‚±Š¦”m± Œ± {m± fmŠmp ±Œp±dŠ­±Œp± {m±m”ŒŠ±Šd†mk±Š±Rmh ŒŠ±$± Œp± {m± 1§‚±1Œkm±Œ±d± Œ±y§m±d±”y{ ±Œp±dh ŒŠ± Œ±¦h{±m”ŒŠ±Œ”± {m”±dyŠ±Š±dŠ­±¦ ±f”Œ¦y{ ±¦ŒŠ± {±fŒŠk±
C ±±p¦š{m”± ¦‚d mk±dŠk±dy”mmk± {d ± {m±R¦”m ®±ŒŠ± {±fŒŠk± {d‚‚±ŠŒ ±fm±m¬ŒŠm”d mk±Œ”± ”m‚mdmk± s”Œ†±  {m± Œf‚yd ŒŠ± Œp±  {± fŒŠk± f­± dŠ­± h{dŠym ± m¬ mŠŒŠ± Œp±  †m± rŒ”± m˜Œ•†dŠhm ± dkk ŒŠ ±d‚ m”d ŒŠ±Œ”±†Œkphd ŒŠ± Š ± Œ ±Œ”±Œp±dŠ­±hŒŠ ”dh  ±‚dŠ ± mhphd ŒŠ ±Œ”±dy”mm†mŠ ± m” dŠŠy±Œ”±”m‚d Šy± Œ±dŠ­±h{m‡m±Œ”±©Œ”±Œp±†”Œ§m†mŠ ±{m”mŠ±dfŒ§m±kmh”fmk ±Œ”±n• dŠŠy± Œ”± ”m‚d Šy±  Œ±  {m± p¦”Š{Šy± Œp± ‚dfŒ” ±†d m”d‚ ± Œ”± m‘¦†mŠ ±  {m”mu”m ±ŠŒ”± f­± dŠ­± h{dŠym± Œ”± †Œkphd ŒŠ± Œp± dŠ­±  m”†± Œp± d­†mŠ ± Œ”± m¬ mŠŒŠ± Œp±  {m±  †m± pŒ”± dŠ­± d­†nŠ ± m” dŠŠy± Œ”± ”m‚d Šy± Œ±dŠ­±h{m†m±Œ”±©Œ”±Œp±†”Œ§m†mŠ ±{m”mŠ±dfŒ§n±kmh”fmk ±ŠŒ”±f­±dŠ­±”mhŒŠ±Œ”± d  m† mk± ”mhŒŠ± Œp±  {m± hŒŠ ”dh  ± dy”mn†mŠ ± Œ”± fŒŠk ± ŠŒ”± f­± dŠ­± hŒŠk ŒŠ± ”mhmkmŠ ± Œ”±


 
 



35 STELIAN ONUFREI general partner
36 -
:: -... -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 12th day of February , 2024 .
(Corporate Seal} Diamond Construction & Design
Contractor/ Principal
By __,/1-4-1- «:7~.

Title _ _____________ _
Developers Surety and Indemnity Company
(Corporate Seal) Surety
:. _., -. ... ....

By ~~U-< CJC'::IGP e<?'2:ra'T.12.0-
Attorney-in-Fact
Title Rebecca Haas-Bates, Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
- 34 - 55452.01510\32977834.2
37 ** Please See Attached **
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ____ _
On _______ __,_ 20_, before me, _____________ , Notary Public, personally appeared _________________ _. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER
D Individual
□ Corporate Officer
□ Partner(s)
□ Attorney-In-Fact
D Trustee(s)
D Guardian/Conservator
D Other:

Signer is representing:

TIUe(s)
D Limited
D General
Name Of Person(s) Or EntityQes)
55452.01510\32977834.2

DESCRIPTION OF ATTACHED DOCUMENT
TiUe or Type of Document
Number of Pages
Date of Document
Signer(s) Other Than Named Above
- 35 -
38 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _O_r_an~g~e _ _ ___ _ ____ _
On 02/12/2024 before me, Alma Karen Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared _R_e_b_ec_c_a_H_a_a_s-_B_a_te_s _ _____ _____________ ____ _ Name~of Signer(s).
who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/me subscribed to the within instrument and acknowledged to me that f:l.e/she/~ executed the same in tlis/her/thelr authorized capacity~. and that by hWher~r signature~on the instrument the person~ or the entity upon behalf of which the person(s). acted, executed the instrument. ········~
All,\A KAREN HERNMIDEZ
Notary Public • California 2
Orange County ~
Commission ~ 2390908 -
y Comm. Expires Jan 16, 2026
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ~ L
---------------oPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: Payment Bond No. 01 02558 Document Date: _0_2_/ 1_2_/2_0_24 ____ _ Number of Pages: Three(3) Signer(s) Other Than Named Above: ______ ______ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Rebecca Haas-Bates Signer's Name: __________ _ _ _ D Corporate Officer - Title(s): ____ __ _ □ Corporate Officer - Title(s): ______ _ D Partner - D Limited D General D Partner - D Limited D General D Individual ~ Attorney in Fact D Individual D Attorney in Fact D Trustee □ Guardian or Conservator D Trustee D Guardian or Conservator D Other: _ _____________ _ D Other: _ _ _ _________ _
Signer Is Representing: =----:----==-------- Developers Surety and Indemnity Company Signer Is Representing: _ _ _______ _
©
~~
2014 National Notary Associat
• .
ion· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) ~
Item #5907
39 POWER OF ATTORNEY FOR
CORF.POINTE INSURANCE COMPANY

DEVELOPERS SURETY AND INDEMNITY COMPANY
59 Maiden Lane, 43rd Floor, New York, NY 10038
(212) 220-7120
KNOW ALL BY TI-IESE PRESENTS that, except ns expressly limilc.-d herein. COREPOINTE INSURANCE COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY. do hereby mnke. constitute and appoint:
...,Wi""1""11i:=a;.:.m'"'S"'yrk"'""'i'"'"n'"' 1 Ric.a·~c'"'"ha"'r..a;d..c.A-'-'d"'ia"'"r.,_, a'""n""'d'""R_e_be_cca_ H_aa_s-_B_a_te_s ______________ , of hyjne CA as its true and lawful Attorney-in-Fact, to make, execute, deliver ond acknowledge, for and on behnlfof said comJ)lll1ies, ns sureties, bonds, undertakings and contracts of suretyship giving ond granting unto said Auomey-in-Fnct full power and authority to do mid to perfonn every act necessary, requisite or proper 10 be done in connection therewith as each of said company could do, but reserving to each of said company full power of substitution and n:vocntion, and all of the nets of said Attorney-in-Fact, pursWlllt to these presents, are hereby ratified and confirmed. This Power of Attorney is effective February 12, 2024 and shall expire on December 31, 2025.